RAZA, COLOR, SEXO, NACIONALIDAD
Además del Título VII de la Ley de Derechos Civiles
de 1964, con sus modificaciones, el Título VI de la
misma ley prohíbe la discriminación por raza, color
de piel o nacionalidad en programas y actividades
que reciben apoyo financiero federal. La
discriminación laboral está contemplada en el Título
VI si el objetivo principal del apoyo financiero es la
provisión de empleo, o siempre que la discriminación
laboral cause, o pueda causar, discriminación en la
provisión de servicios en el marco de esos
programas.
El Titulo IX de las Modificaciones de 1972 a la Ley
de Educación (Education Amendments of 1972)
prohíbe la discriminación laboral en razón de sexo
en los programas o actividades educativas que
reciben apoyo federal.
PERSONAS CON DISCAPACIDADES
El Artículo 504 de la Ley de Rehabilitación de 1973 ,
con sus modificaciones, prohíbe la discriminación
laboral por discapacidad en todo programa o
actividad que recibe apoyo financiero federal en el
gobierno federal y las agencias públicas o privadas.
Queda prohibida la discriminación en todos los
aspectos laborales contra personas con
discapacidades que puedan realizar las tareas
esenciales relacionadas con ese puesto, sin
perjuicio de que resulte o no necesario efectuar una
adaptación razonable
Si cree que ha sufrido discriminación en relación con
un programa de cualquier institución que reciba
apoyo federal, debe contactarse de inmediato con la
agencia federal que brinda ese apoyo.
Publicación OFCCP 1420
Se revisó en agosto de 2008
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 181 of 273 F-115 Page 914 of 1219 EXHIBIT - 21
"General Decision Number: CA20240022 05/24/2024
Superseded General Decision Number: CA20230022
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)(1).
______________________________________________________________ |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 $17.20 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 2024. |
|______________________________|_____________________________| |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: | $12.90 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 182 of 273 F-116 Page 915 of 1219 EXHIBIT - 21
| | that contract in 2024. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/02/2024
3 02/09/2024
4 02/23/2024
5 03/08/2024
6 04/12/2024
7 05/24/2024
ASBE0005-002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36
---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 183 of 273 F-117 Page 916 of 1219 EXHIBIT - 21
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 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
---------------------------------------------------------------- * BRCA0004-007 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- * BRCA0018-004 06/01/2023
Rates Fringes
MARBLE FINISHER..................$ 40.21 15.23
TILE FINISHER....................$ 34.78 13.64
TILE LAYER.......................$ 48.29 19.18
---------------------------------------------------------------- * BRCA0018-010 09/01/2023
Rates Fringes
TERRAZZO FINISHER................$ 39.95 14.65
TERRAZZO WORKER/SETTER...........$ 47.85 15.14
---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 185 of 273 F-119 Page 918 of 1219 EXHIBIT - 21
Modular Furniture Installer......$ 21.85 7.15
---------------------------------------------------------------- ELEC0011-004 06/30/2023
Rates Fringes
ELECTRICIAN (INSIDE
ELECTRICAL WORK)
Journeyman Electrician......$ 60.80 3%+29.77
ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician.................$ 60.80 3%+29.77
Technician..................$ 45.60 3%+29.77
FOOT NOTE:
CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate.
TUNNEL WORK: 10% additional per hour.
SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:
Installation of street lights and traffic signals,including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths and radius at duct banks, location for man
holes, pull boxes, street lights and traffic signals.
Installation of underground ducts for electrical,telephone, cable television and communication systems.
Pulling,termination and
splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable.
TECHNICIAN:
Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable and video/data.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 186 of 273 F-120 Page 919 of 1219 EXHIBIT - 21
---------------------------------------------------------------- * ELEC0011-007 01/01/2024
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer...................$ 46.47 3%+17.08
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 187 of 273 F-121 Page 920 of 1219 EXHIBIT - 21
CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems
*Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and fringe benefits.
2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 66.63 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 188 of 273 F-122 Page 921 of 1219 EXHIBIT - 21
after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2023
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 34.60
(2) Dredge dozer............$ 58.13 34.60
(3) Deckmate................$ 58.02 34.60
(4) Winch operator (stern
winch on dredge)............$ 57.47 34.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 34.60
(6) Barge Mate..............$ 57.54 34.60
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 189 of 273 F-123 Page 922 of 1219 EXHIBIT - 21
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 190 of 273 F-124 Page 923 of 1219 EXHIBIT - 21
operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 191 of 273 F-125 Page 924 of 1219 EXHIBIT - 21
Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 192 of 273 F-126 Page 925 of 1219 EXHIBIT - 21
Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 193 of 273 F-127 Page 926 of 1219 EXHIBIT - 21
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 194 of 273 F-128 Page 927 of 1219 EXHIBIT - 21
Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Door Replacement at Various Sites
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Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Door Replacement at Various Sites
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Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- IRON0433-006 01/01/2024
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IRONWORKER
Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-001 07/01/2022
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Brick Tender.....................$ 37.32 21.45
---------------------------------------------------------------- LABO0300-003 07/01/2022
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LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
Door Replacement at Various Sites
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creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials Door Replacement at Various Sites
CDBG Project Number: 602661-23
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(for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2022
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LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour Door Replacement at Various Sites
CDBG Project Number: 602661-23
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above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO1184-001 07/01/2022
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1414-001 08/03/2022
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LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2023
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Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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---------------------------------------------------------------- PAIN0036-006 09/01/2023
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DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:
Kern County Line to Hwy.
#5, South on Hwy. #5 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hwy.
#14, South to Hwy. #18,
East to Hwy. #395...........$ 43.75 25.07
Remainder of Los Angeles
County......................$ 47.88 25.07
---------------------------------------------------------------- PAIN0036-015 01/01/2020
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GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2024
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SOFT FLOOR LAYER.................$ 43.20 18.03
---------------------------------------------------------------- PLAS0200-009 08/03/2022
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PLASTERER........................$ 47.37 19.64
---------------------------------------------------------------- PLAS0500-002 07/01/2020
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CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
---------------------------------------------------------------- PLUM0016-001 09/01/2023
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49 23.86
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 57.18 26.51
---------------------------------------------------------------- PLUM0345-001 09/01/2023
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PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- ROOF0036-002 08/13/2023
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ROOFER...........................$ 46.02 20.05
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-013 01/01/2024
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
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SPRINKLER FITTER.................$ 45.31 27.91
---------------------------------------------------------------- SFCA0709-005 09/01/2023
THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
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SPRINKLER FITTER (Fire)..........$ 54.29 32.00
---------------------------------------------------------------- SHEE0105-002 07/01/2023
LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island)
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SHEET METAL WORKER
(1) Light Commercial: Work
on general sheet metal and
heating and AC up to 4000
sq ft.......................$ 33.10 10.56
(2) Modernization :
Excluding New Construction
- Under 5000 sq. ft. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment....................$ 33.10 10.56
---------------------------------------------------------------- SHEE0105-003 01/01/2024
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Door Replacement at Various Sites
CDBG Project Number: 602661-23
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SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 56.95 30.04
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
---------------------------------------------------------------- SHEE0105-004 07/01/2023
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES
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SHEET METAL WORKER...............$ 45.98 29.24
---------------------------------------------------------------- TEAM0011-002 07/01/2023
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TRUCK DRIVER
GROUP 1....................$ 38.19 33.69
GROUP 2....................$ 38.34 33.69
GROUP 3....................$ 38.47 33.69
GROUP 4....................$ 38.66 33.69
GROUP 5....................$ 38.69 33.69
GROUP 6....................$ 38.72 33.69
GROUP 7....................$ 38.97 33.69
GROUP 8....................$ 39.22 33.69
GROUP 9....................$ 39.42 33.69
GROUP 10....................$ 39.72 33.69
GROUP 11....................$ 40.22 33.69
GROUP 12....................$ 40.65 33.69
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Door Replacement at Various Sites
CDBG Project Number: 602661-23
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El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
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GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
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A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
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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.
State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
----------------------------------------------------------------
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
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2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"
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ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
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SECTION 02 41 19
SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Demolition and removal of selected site elements.
2. Salvage of existing items to be reused or recycled.
1.2 MATERIALS OWNERSHIP
A. Unless otherwise indicated, demolition waste becomes property of Contractor.
1.3 PREINSTALLATION MEETINGS
A. Pre-demolition Conference: Conduct conference at Project site.
1.4 INFORMATIONAL SUBMITTALS
A. Pre-demolition photographs or video.
1.5 FIELD CONDITIONS
A. Conditions existing at time of inspection for bidding purpose will be maintained by State as far as practical.
B. Notify Engineer of discrepancies between existing conditions and Drawings before proceeding with selective demolition.
C. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.
1. If suspected hazardous materials are encountered, do not disturb; immediately notify Engineer and State. Hazardous materials will be removed by State under a separate contract.
D. Storage or sale of removed items or materials on-site is not permitted.
E. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations.
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1. Maintain fire-protection facilities in service during selective demolition operations.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.
B. Standards: Comply with ASSE A10.6 and NFPA 241.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that utilities have been disconnected and capped before starting selective demolition operations.
3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS
A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage.
B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify, disconnect, and seal or cap off utility services and mechanical/electrical systems serving areas to be selectively demolished.
1. Arrange to shut off utilities with utility companies.
2. If services/systems are required to be removed, relocated, or abandoned, provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building.
3.3 PROTECTION
A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.
B. Temporary Shoring: Design, provide, and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement,settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.
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C. Remove temporary barricades and protections where hazards no longer exist.
3.4 SELECTIVE DEMOLITION
A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows:
1. Dispose of demolished items and materials promptly. Comply with requirements in Section 01 74 19 "Construction Waste Management and Disposal." B. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.
C. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Engineer, items may be removed to a suitable, protected storage location during selective demolition and reinstalled in their original locations after selective demolition operations are complete.
3.5 CLEANING
A. Remove demolition waste materials from Project site [and dispose of them in an EPAapproved construction and demolition waste landfill acceptable to authorities having jurisdiction.] [and recycle or dispose of them according to Section 01 74 19 "Construction Waste Management and Disposal."]
1. Do not allow demolished materials to accumulate on-site.
2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.
3. Comply with requirements specified in Section 01 74 19 "Construction Waste Management and Disposal."
B. Burning: Do not burn demolished materials.
C. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.
END OF SECTION
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SECTION 08 71 00
DOOR HARDWARE
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
B. The Contractor's attention is specifically directed, but not limited, to the following documents for additional requirements:
1.2 SUMMARY
A. Section includes:
1. Mechanical door hardware for the following:
a. Sliding doors.
b. Folding doors.
2. Cylinders for door hardware specified in other Sections.
3. Electrified door hardware.
B. Related Sections:
1. Section 08 12 16 "Aluminum Frames" for door silencers provided as part of aluminum frames.
2. Section 08 31 13 "Access Doors and Frames" for access door hardware.
3. Section 08 41 13 "Aluminum-Framed Entrances and Storefronts" for installation of entrance door hardware, including cylinders.
4. Section 08 42 29.23 "Sliding Automatic Entrances" for entrance door hardware, including cylinders.
5. Section 08 42 29.13 “Folding Automatic Entrances” for entrance door hardware, including cylinders.
6. Section 10 26 00 "Wall and Door Protection" for plastic door protection units that match wall protection units.
7. Section 28 13 00 "Access Control" for access control devices installed at door openings and provided as part of a security system.
8. Section 28 31 03 "Digital, Addressable Fire-Alarm System" for connections to building fire-alarm system.
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1.3 ACTION SUBMITTALS
A. Product Data: For each type of product indicated. Include construction and installation details, material descriptions, dimensions of individual components and profiles, and finishes.
B. Shop Drawings: Details of electrified door hardware, indicating the following:
1. Wiring Diagrams: For power, signal, and control wiring and including the following:
a. Details of interface of electrified door hardware and building safety and security systems.
b. Schematic diagram of systems that interface with electrified door hardware. c. Point-to-point wiring.
d. Risers.
e. Elevations doors controlled by electrified door hardware.
2. Operation Narrative: Describe the operation of doors controlled by electrified door hardware.
C. Samples for Verification: For exposed door hardware of each type required, in each finish specified, prepared on Samples of size indicated below. Tag Samples with full description for coordination with the door hardware schedule. Submit Samples before, or concurrent with, submission of door hardware schedule.
1. Sample Size: Full-size units or minimum 2-by-4-inchSamples for sheet and 4-inch long Samples for other products.
a. Full-size Samples will be returned to Contractor. Units that are acceptable and remain undamaged through submittal, review, and field comparison process may, after final check of operation, be incorporated into the Work, within limitations of keying requirements.
D. Other Action Submittals:
1. Door Hardware Schedule: Prepared by or under the supervision of Installer, detailing fabrication, and assembly of door hardware, as well as installation procedures and diagrams. Coordinate final door hardware schedule with doors, frames, and related work to ensure proper size, thickness, hand, function, and finish of door hardware.
a. Submittal Sequence: Submit door hardware schedule concurrent with submissions of Product Data, Samples, and Shop Drawings. Coordinate submission of door hardware schedule with scheduling requirements of other work to facilitate the fabrication of other work that is critical in Project construction schedule.
b. Format: Use same scheduling sequence and format and use same door numbers as in the Contract Documents.
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c. Content: Include the following information:
1) Identification number, location, hand, fire rating, size, and material of each door and frame.
2) Locations of each door hardware set, cross-referenced to Drawings on floor plans and to door and frame schedule.
3) Complete designations, including name and manufacturer, type, style, function, size, quantity, function, and finish of each door hardware product.
4) Description of electrified door hardware sequences of operation and interfaces with other building control systems.
5) Fastenings and other pertinent information.
6) Explanation of abbreviations, symbols, and codes contained in schedule.
7) Mounting locations for door hardware.
8) List of related door devices specified in other Sections for each door and frame.
1.4 INFORMATIONAL SUBMITTALS
A. Qualification Data: For Installer and Architectural Hardware Consultant.
B. Product Certificates: For electrified door hardware, from the manufacturer.
1. Certify that door hardware approved for use on types and sizes of labeled fire-rated doors complies with listed fire-rated door assemblies.
C. Product Test Reports: For compliance with accessibility requirements, based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for door hardware on doors located in accessible routes.
A. Warranty: [Manufacturer specific]
1.5 CLOSEOUT SUBMITTALS
A. Maintenance Data: For each type of door hardware to include in maintenance manuals.
Include final hardware schedule.
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1.6 MAINTENANCE MATERIAL SUBMITTALS
A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents.
1.7 QUALITY ASSURANCE
A. Installer Qualifications: Supplier of products and an employer of workers trained and approved by product manufacturers and an Architectural Hardware Consultant who is available during the course of the Work to consult with Contractor, Architect, and Owner about door hardware and keying.
1. Warehousing Facilities: In Project's vicinity.
2. Scheduling Responsibility: Preparation of door hardware schedules.
3. Engineering Responsibility: Preparation of data for electrified door hardware, including Shop Drawings, based on testing and engineering analysis of manufacturer's standard units in assemblies similar to those indicated for this Project.
B. Architectural Hardware Consultant Qualifications: A person who is experienced in providing consulting services for door hardware installations that are comparable in material, design, and extent to that indicated for this Project and who is currently certified by DHI as follows:
1. For door hardware, an Architectural Hardware Consultant (AHC) who is also an Electrified Hardware Consultant (EHC).
C. Source Limitations: Obtain each type of door hardware from a single manufacturer.
1. Provide electrified door hardware from same manufacturer as mechanical door hardware, unless otherwise indicated. Manufacturers that perform electrical modifications and that are listed by a testing and inspecting agency acceptable to authorities having jurisdiction are acceptable.
D. Fire-Rated Door Assemblies: Where fire-rated door assemblies are indicated, provide door hardware rated for use in assemblies complying with NFPA 80 that are listed and labeled by a qualified testing agency, for fire-protection ratings indicated, based on testing at positive pressure according to NFPA 252 or UL 10C, unless otherwise indicated.
E. Smoke- and Draft-Control Door Assemblies: Where smoke- and draft-control door assemblies are required, provide door hardware that meets requirements of assemblies tested according to UL 1784 and installed in compliance with NFPA 105.
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1. Air Leakage Rate: Maximum air leakage of 0.3 cfm/sq. ft.at the tested pressure differential of 0.3-inch wgof water.
F. Electrified Door Hardware: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction.
G. Means of Egress Doors: Latches do not require more than 15 lbf to release the latch.
Locks do not require use of a key, tool, or special knowledge for operation.
H. Accessibility Requirements: For door hardware on doors in an accessible route, comply with [the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines] [ICC/ANSI A117.1] [HUD's "Fair Housing Accessibility Guidelines"] [and] California Building Code Section 132A Doors.
1. Provide operating devices that do not require tight grasping, pinching, or twisting of the wrist and that operate with a force of not more than 5 lbf.
2. Comply with the following maximum opening-force requirements:
a. Interior, Non-Fire-Rated Hinged Doors: 5 lbf applied perpendicular to door. b. Sliding Doors: 5 lbf applied parallel to door at latch. c. Fire Doors: Minimum opening force allowable by authorities having jurisdiction.
3. Bevel raised thresholds with a slope of not more than 1:2. Provide thresholds not more than 1/2 inchhigh.
4. Adjust door closer sweep periods so that, from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3 inchesfrom the latch, measured to the leading edge of the door.
I. Preinstallation Conference: Conduct conference at Project site.
1. Inspect and discuss electrical roughing-in for electrified door hardware.
2. Review sequence of operation for each type of electrified door hardware.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Inventory door hardware on receipt and provide secure lock-up for door hardware delivered to Project site.
B. Tag each item or package separately with identification coordinated with the final door hardware schedule, and include installation instructions, templates, and necessary fasteners with each item or package.
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1.9 COORDINATION
A. Coordinate layout and installation of floor-recessed door hardware with floor construction. Cast anchoring inserts into concrete.
B. Installation Templates: Distribute for doors, frames, and other work specified to be factory prepared. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing door hardware to comply with indicated requirements.
C. Security: Coordinate installation of door hardware, and access control with Owner's security consultant.
D. Electrical System Roughing-In: Coordinate layout and installation of electrified door hardware with connections to power supplies and building safety and security systems.
Electrified hardware shall have Quick Connect hardware all the way to the power supply:
no wire nut type or crimped connections shall be allowed.
E. Existing Openings: Where hardware components are scheduled for application to existing construction or where modifications to existing door hardware are required, field verify existing conditions and coordinate installation of door hardware to suit opening conditions and to provide proper door operation.
1.10 WARRANTY
A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components of door hardware that fail in materials or workmanship within specified warranty period.
1. Failures include, but are not limited to, the following:
a. Structural failures including excessive deflection, cracking, or breakage. b. Faulty operation of doors and door hardware.
c. Deterioration of metals, metal finishes, and other materials beyond normal weathering and use.
2. Warranty Period: Ten years from date of Substantial Completion, unless otherwise indicated.
a. Electromagnetic and Delayed-Egress Locks: Two years from date of Substantial Completion.
b. Exit Devices: Five years from date of Substantial Completion. c. Manual Closers: 10 years from date of Substantial Completion. d. Concealed Floor Closers: 10 years from date of Substantial Completion.
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PART 2 - PRODUCTS
2.1 SCHEDULED DOOR HARDWARE
A. Provide door hardware for each door as scheduled on Drawings to comply with requirements in this Section.
1. Door Hardware Sets: Provide quantity, item, size, finish, or color indicated, and named manufacturers' products, unless otherwise noted.
2. Sequence of Operation: Provide electrified door hardware function, sequence of operation, and interface with other building control systems indicated.
B. Designations: Requirements for design, grade, function, finish, size, and other distinctive qualities of each type of door hardware are indicated in Part 2 Articles following.
Products are identified by using door hardware designations, as follows:
1. Named Manufacturers' Products: Manufacturer and product designation are listed for each door hardware type required for the purpose of establishing minimum requirements.
2.2 HINGES
A. Hinges: BHMA A156.1 and A156.7. Provide template-produced hinges for swinging doors where scheduled.
1. Provide five-knuckle full mortise butt hinges unless otherwise indicated.
2. Provide five-knuckle full mortise butt hinges unless otherwise indicated ballbearing hinges at all doors having closers.
3. Provide non-removable pins on exterior out swinging doors.
4. Provide non-removable pins on out swinging interior doors at access-controlled doors.
5. Provide 5-inch heavy weight hinges for doors 36 inches and over in width.
6. Manufacturers: Subject to compliance with requirements, provide products by one of the following:
a. Best dormakaba Group.
2.3 MECHANICAL LOCKS AND LATCHES
A. Lock Functions: As indicated in Part 4 - Hardware Sets.
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B. Lock Throw: Comply with testing requirements for length of bolts required for labeled fire doors, and as follows:
1. Mortise Locks: Minimum 3/4-inchlatch bolt throw.
2. Deadbolts: Minimum 1.25-inchbolt throw.
C. Lock Backset: 2-3/4 inches, unless otherwise indicated.
D. Lock Trim:
1. Levers: Cast.
a. P Lever Design.
2. Escutcheons (Roses): Wrought.
3. Dummy Trim: Match lever lock trim and escutcheons.
4. Operating Device: Lever with escutcheons (roses).
E. Strikes: Provide manufacturer's standard strike for each lock bolt or latch bolt complying with requirements indicated for applicable lock or latch and with strike box and curved lip extended to protect frame; finished to match lock or latch.
1. Flat-Lip Strikes: For locks with three-piece antifriction latch bolts, as recommended by manufacturer.
2. Aluminum-Frame Strike Box: Manufacturer's special strike box fabricated for aluminum framing.
3. Rabbet Front and Strike: Provide on locksets for rabbeted meeting stiles.
F. Mortise Locks: BHMA A156.13; Security Grade 1; stamped steel case with steel or brass parts; Series 1000.
1. Best dormakaba Group, 40H series.
2.4 ELECTROMECHANICAL LOCKS
A. Electromechanical Locks: BHMA A156.25; Grade 1; motor or solenoid driven; mortise deadlocking latch bolt; with strike that suits frame.
1. Best dormakaba Group, 40H series.
2.5 EXIT LOCKS AND EXIT ALARMS
A. Exit Locks and Alarms: BHMA A156.29, Grade 1.
1. Best doemakaba Group, Precision 5000 series exit trims.
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2.6 EXIT DEVICES AND AUXILIARY ITEMS
A. Exit Devices and Auxiliary Items: BHMA A156.3.
1. Best doemakaba Group, Precision 5000 series exit trims.
2.7 LOCK CYLINDERS
A. Lock Cylinders: Tumbler type, constructed from brass or bronze, stainless steel, or nickel silver, to accept Best Access Systems 7-pin IC cores -American type only.
1. Manufacturer: Same manufacturer as for locking devices.
B. Standard Lock Cylinders: BHMA A156.5; Grade 1; permanent cores that are removable; face finished to match lockset.
C. Construction Cores: Provide construction cores that are replaceable by permanent cores.
Provide 10 construction master keys.
2.8 KEYING
A. Contractor with the end user shall develop a key schematic. Keys and combinated cores shall be provided and installed by Best doemakaba Group Access control thru the project.
Keying shall be complete, and keys turned over to Owner prior to Substantial Completion.
2.9 OPERATING TRIM
A. Operating Trim: BHMA A156.6; stainless steel, unless otherwise indicated.
1. Provide push and pull-on doors not specified to have lockset, latch set, exit device, or auxiliary lock.
2. On solid doors, provide matching push plate and pull plate on opposite faces. Subject to compliance with requirements, provide Best doemakaba Group, Precision 5000 series exit trims push and pull plates, or comparable product by one of the following:
a. Ives Hardware 8103EZ pull and 8300 push plate.
b. Substitutions: See Section 01 25 00 - Substitution Procedures.
2.10 ACCESSORIES FOR PAIRS OF DOORS
A. Coordinators: BHMA A156.3; consisting of active-leaf, hold-open lever and inactiveleaf release trigger; fabricated from steel with nylon-coated strike plates; with built-in, adjustable safety release; and with internal override.
1. Subject to compliance with requirements, provide Best doemakaba Group, Precision 5000 series exit trims filler bar, or comparable product by one of the following:
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a. Ives Hardware COR Series with FL filler bar.
b. Substitutions: See Section 01 25 00 - Substitution Procedures.
B. Astragals: BHMA A156.22.
2.11 SURFACE CLOSERS
A. Surface Closers: BHMA A156.4; rack-and-pinion hydraulic type with adjustable sweep and latch speeds controlled by key-operated valves and forged-steel main arm. Comply with manufacturer's written recommendations for size of door closers depending on size of door, exposure to weather, and anticipated frequency of use. Provide factory-sized closers, adjustable to meet field conditions and requirements for opening force.
1. Provide surface-mounted, door-mounted closers unless otherwise indicated.
2. Provide a door closer on every exterior door.
3. Provide a door closer on every fire- and smoke-rated door. Spring hinges are not an acceptable self-closing device unless specifically so indicated.
4. On pairs of swinging doors, if an overlapping astragal is present, provide coordinator to ensure the leaves close in proper order.
5. At corridors, locate door-mounted closer on room side of door.
6. At out swinging exterior doors, mount closer in inside of door.
7. Best doemakaba Group Door HD8000 Series Surface Closer.
2.12 FABRICATION
A. Base Metals: Produce door hardware units of base metal indicated, fabricated by forming method indicated, using manufacturer's standard metal alloy, composition, temper, and hardness. Furnish metals of a quality equal to or greater than that of specified door hardware units and BHMA A156.18.
B. Fasteners: Provide door hardware manufactured to comply with published templates prepared for machine, wood, and sheet metal screws. Provide screws that comply with commercially recognized industry standards for application intended, except aluminum fasteners are not permitted. Provide Phillips flat-head screws with finished heads to match surface of door hardware, unless otherwise indicated.
1. Concealed Fasteners: For door hardware units that are exposed when door is closed, except for units already specified with concealed fasteners. Do not use through bolts for installation where bolt head or nut on opposite face is exposed unless it is the only means of securely attaching the door hardware. Where through bolts are used on hollow door and frame construction, provide sleeves for each through bolt.
2. Fire-Rated Applications:
a. Wood or Machine Screws: For the following:
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1) Hinges mortised to doors or frames; use threaded-to-the-head wood screws for wood doors.
2) Strike plates to frames.
3) Closers to doors and frames.
b. Steel Through Bolts: For the following unless door blocking is provided:
1) Closers to doors and frames.
2) Surface-mounted exit devices.
3. Spacers or Sex Bolts: For through bolting of hollow-metal doors.
4. Fasteners for Wood Doors: Comply with requirements in DHI WDHS.2, "Recommended Fasteners for Wood Doors."
5. Gasketing Fasteners: Provide noncorrosive fasteners for exterior applications and elsewhere as indicated.
2.13 FINISHES
A. Provide finishes complying with BHMA A156.18 as indicated in door hardware schedule.
B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping.
C. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine doors and frames, with Installer present, for compliance with requirements for installation tolerances, labeled fire-rated door assembly construction, wall and floor construction, and other conditions affecting performance.
B. Examine roughing-in for electrical power systems to verify actual locations of wiring connections before electrified door hardware installation.
C. Proceed with installation only after unsatisfactory conditions have been corrected.
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3.2 INSTALLATION
A. Mounting Heights: Mount door hardware units at heights to comply with the following unless otherwise indicated or required to comply with governing regulations.
1. Standard Steel Doors and Frames: ANSI/SDI A250.8.
2. Custom Steel Doors and Frames: HMMA 831.
3. Wood Doors: DHI WDHS.3, "Recommended Locations for Architectural Hardware for Wood Flush Doors."
B. Install each door hardware item to comply with manufacturer's written instructions.
Where cutting and fitting are required to install door hardware onto or into surfaces that are later to be painted or finished in another way, coordinate removal, storage, and reinstallation of surface protective trim units with finishing. Do not install surfacemounted items until finishes have been completed on substrates involved.
1. Set units level, plumb, and true to line and location. Adjust and reinforce attachment substrates as necessary for proper installation and operation.
2. Drill and countersink units that are not factory prepared for anchorage fasteners.
Space fasteners and anchors according to industry standards.
C. Hinges: Install types and in quantities indicated in door hardware schedule but not fewer than the number recommended by manufacturer for application indicated or one hinge for every 30 inchesof door height, whichever is more stringent, unless other equivalent means of support for door, such as spring hinges or pivots, are provided.
D. Intermediate Offset Pivots: Where offset pivots are indicated, provide intermediate offset pivots in quantities indicated in door hardware schedule but not fewer than one intermediate offset pivot per door and one additional intermediate offset pivot for every 30 inches of door height greater than 90 inches.
E. Lock Cylinders: Install construction cores to secure building and areas during construction period.
1. Furnish permanent cores to Owner for installation.
F. Boxed Power Supplies: Locate power supplies as indicated or, if not indicated, above accessible ceilings. Verify location with Architect.
1. Configuration: Provide least number of power supplies required to adequately serve doors with electrified door hardware.
G. Thresholds: Set thresholds for exterior doors and other doors indicated in full bed of sealant complying with requirements specified in Section 07 92 00 "Joint Sealants." H. Stops: Provide floor stops for doors unless overhead stops are indicated in door hardware schedule. Do not mount floor stops where they will impede traffic.
I. Perimeter Gasketing: Apply to head and jamb, forming seal between door and frame.
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J. Meeting Stile Gasketing: Fasten to meeting stiles, forming seal when doors are closed.
K. Door Bottoms: Apply to bottom of door, forming seal with threshold when door is closed.
3.3 FIELD QUALITY CONTROL
A. Independent Architectural Hardware Consultant: Owner will engage a qualified independent Architectural Hardware Consultant to perform inspections and to prepare inspection reports.
1. Independent Architectural Hardware Consultant will inspect door hardware and state in each report whether installed work complies with or deviates from requirements, including whether door hardware is properly installed and adjusted.
3.4 ADJUSTING
A. Initial Adjustment: Adjust and check each operating item of door hardware and each door to ensure proper operation or function of every unit. Replace units that cannot be adjusted to operate as intended. Adjust door control devices to compensate for final operation of heating and ventilating equipment and to comply with referenced accessibility requirements.
1. Door Closers: Adjust sweep period to comply with accessibility requirements and requirements of authorities having jurisdiction.
B. Occupancy Adjustment: Approximately six months after date of Substantial Completion, Installer's Architectural Hardware Consultant shall examine and readjust each item of door hardware, including adjusting operating forces, as necessary to ensure function of doors, door hardware, and electrified door hardware.
3.5 CLEANING AND PROTECTION
A. Clean adjacent surfaces soiled by door hardware installation.
B. Clean operating items as necessary to restore proper function and finish.
C. Provide final protection and maintain conditions that ensure that door hardware is without damage or deterioration at time of Substantial Completion.
3.6 DEMONSTRATION
A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain door hardware and door hardware finishes.
Refer to Section 01 79 00 "Demonstration and Training." Door Replacement at Various Sites
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PART 4 - HARDWARE SETS
4.1 GENERAL
A. These Hardware Sets indicate requirements for single doors of that type, with conditional requirements for pairs and other situations.
B. Pairs of Swinging Doors: Provide one of each specified item on each leaf unless specifically stated otherwise. Treat pairs as two active leaves unless otherwise indicated.
C. HW-CYL: Doors Whose Hardware is Specified in Other Sections But Which Must Be Keyed to Building System:
1. Lock Cylinder, Mortise.
D. HW-0: Doors/Openings Whose Hardware is Specified in Other Sections, and No Locking is Required.
4.2 LOCKABLE, MAY BE LEFT UNLOCKED, KEY NOT REQUIRED TO LOCK A. HW-10: Office, Non-Fire-Rated:
1. Lockset, Office
4.3 KEY REQUIRED TO LOCK; MAY BE LEFT UNLOCKED
A. HW-20: Secure Classroom Lock, Non-Fire-Rated:
1. Lockset, ANSI F13.
B. HW-20P: Secure Classroom Lock, Non-Fire-Rated, Protection:
1. Lockset, ANSI F13.
2. Kick Plate.
C. HW-20F: Secure Classroom Lock, Fire-Rated on Non-Fire-Rated Where Self-Closing is Required:
1. Closer.
2. Lockset, ANSI F13.
3. Pair: One leaf inactive; automatic or self-closing flush bolts as required to comply with code. If door fire rating requires astragal, provide coordinator.
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4.4 ELECTRICAL ACCESS CONTROL
A. HW-52: Entry Control, Electrified Lock, Fail-Secure, Fire-Rated, and non-Fire-Rated:
1. Card Reader located where indicated on drawings.
2. Closer.
3. Lockset, Always-Locked, Electric Bolt Retraction:
a. Fail-Secure, remaining locked in event of fire alarm activation or power failure.
b. Key override and free egress at all times.
c. Entry Control: Upon signal from access control device, outside trim unlocks.
4. Power Supply.
5. Electrical Power Transfer
END OF SECTION
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SECTION 08 42 29.23
SLIDING AUTOMATIC ENTRANCES
PART I – GENERAL
1.01 SUMMARY
A. WORK INCLUDED
1. Furnish complete automatic aluminum door system, as specified, that has been manufactured, fabricated, and installed to maintain performance criteria stated by manufacturer without defects, damage, or failure.
B. RELATED WORK:
1. Openings: Division 08, applicable sections.
2. Electrical: Division 26, applicable sections.
1.02 REFERENCES
A. AMERICAN ARCHITECTURAL MANUFACTURERS ASSOCIATION
(AAMA) 101: Appendix Dissimilar Materials.
B. AMERICAN ASSOCIATION OF AUTOMATIC DOOR MANUFACTURERS (AAADM).
C. AMERICAN ARCHITECTURAL MANUFACTURERS ASSOCIATION
(AAMA) 1303.5: Voluntary Specifications for Forced-Entry Resistant Aluminum Sliding Glass Doors
D. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI):
1. ANSI Z97.1: Safety Glazing Materials Used in Buildings - Methods of Test.
2. ANSI A156.10: For Power Operated Pedestrian Doors; Sliding Doors section.
3. ANSI A156.5: Standard for Auxiliary Locks and Associated Products E. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM);
1. ASTM B221: Aluminum-Alloy Extruded Bars, Rods, Shapes and Tubes.
F. BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL (BOCA)
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G. INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS / UNIFORM
BUILDING CODE (ICBO/UBC)
H. INTERNATIONAL CODE COUNCIL / INTERNATIONAL BUILDING CODE (ICC/IBC)
I. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 101:
1. NFPA 101: Code for Safety to Life from Fire in Buildings & Structures.
2. NFPA 70: National Electrical Code (NEC).
J. THE ALUMINUM ASSOCIATION (AA) Aluminum Finishes Manual.
K. UNDERWRITERS LABORATORY, INC. (USA & CANADA) UL 325:
Electrical Door, Drapery, Gate, Louver, and Window Operators and Systems.
1.03 SUBMITTALS
A. PRODUCT DATA: Submit manufacturer's complete product and installation data.
B. SHOP DRAWINGS: Submit drawings showing layout, profiles, product components including anchorage, accessories, finish, and glazing details (where required).
C. CLOSEOUT SUBMITTALS: Submit the following:
1. Owner’s Manual.
2. Warranty document as specified herein.
3. AAADM inspection compliance form completed and signed by certified AAADM inspector prior to doors being placed in operation as proof of compliance with ANSI A156.10.
1.04 QUALITY ASSURANCE AND PERFORMANCE REQUIREMENTS
A. INSTALLERS QUALIFICATIONS: Installer shall be factory trained, certified by AAADM, and experienced to perform work of this section.
B. MANUFACTURER’S QUALIFICATIONS: Manufacturer to have minimum (5) five years successful experience in the fabrication of automatic doors of the type required for this project. Manufacturer capable of providing field service representation during installation, approving acceptable installer and approving application method.
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C. CERTIFICATIONS: Automatic sliding door systems and options shall be factory certified to meet performance design criteria in accordance with the following standards:
1. ANSI A156.10: For Power Operated Pedestrian Doors; Sliding Doors section.
2. NFPA 101: Code for Safety to Life from Fire in Buildings & Structures.
3. UL 325: Electrical Door, Drapery, Gate, Louver, and Window Operators and Systems.
4. BOCA: Means of Egress, Power Operated Doors
5. ICBO/UBC: Egress Through Lobbies
6. ICC/IBC: Egress Section
D. FORCED ENTRY RESISTANCE: Sliding doors shall meet requirement of AAMA 1303.5.
E. OPERATING RANGE: -30° F to 130° F (-34° C to 54° C)
F. OPENING FORCE REQUIREMENTS FOR EMERGENCY EGRESS:
1. Slide-swing panels shall require no more than 50 lbf. (222 N) of force to swing open. Slide-swing panels shall be capable of swinging out 90° from any position of slide movement.
2. Slide-swing panels and swing-out sidelites shall have torsion spring designed to re-close panel if pushed open in the direction of egress.
3. If power fails, slide panels can be manually slid open with no more than 15 lbf (222 N) of force.
4. Units are UL listed as an exit way and are compliant with NFPA 101.
G. CLOSING FORCE REQUIREMENTS: Maximum force required to prevent sliding panel from closing = 28 lbf. (124.5 N) Adjustable Reversing Circuit will reopen door unit if closing path is obstructed.
H. HEADER CAPACITY: Header shall be capable of supporting up to 90 lbs. (40.8 kg) per slide panel over spans up to 14’-0” (4267mm) without intermediate supports.
1.05 WARRANTIES
A. MANUFACTURER'S WARRANTY: Units to be warranted against defect in material and workmanship for a period of one year from the Date of Substantial Completion. Manufacturer's warranty is in addition to, and not a limitation of, other rights owner may have under Contract Documents.
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B. DISTRIBUTOR'S WARRANTY: One year warranty: Labor & transportation charges for defective parts replacement.
1.06 PROJECT CONDITIONS
A. FIELD MEASUREMENTS: Verify actual dimensions/openings by field measurements before fabrication and record on shop drawings. Coordinate with fabrication and construction schedule to avoid construction delays.
1.07 DELIVERY, STORAGE AND HANDLING
A. ORDERING AND DELIVERY: Comply with factory's ordering instructions and lead time requirements. Delivery shall be in factory's original, unopened, undamaged containers with identification labels intact.
B. STORAGE AND PROTECTION: Provide protection from exposure to harmful weather conditions and vandalism.
PART II – PRODUCTS
2.01 MANUFACTURER
A. HORTON AUTOMATICS, a division of Overhead Door Corporation, shall manufacture automatic sliding door(s) of type(s) and size(s) specified on plans and door schedule.
2.02 EQUIPMENT
A. MANUFACTURED DOOR UNITS: Shall include operator, header with roller track, carrier assemblies, framing jambs, sliding door panel(s), sidelite(s), activation, safety devices and accessories required for complete installation.
Leading slide panel will open twice as fast as adjacent sliding panel. When unit slides in full open position, maximum slide opening will be approximately 70% of overall package width.
1. Configuration: Single Telescoping (3 panels) or Biparting (6 panels).
2. Mounting Type:
a. Perimeter mounted within rough opening with sliding panel(s) sliding along sidelite.
b. Surface mounted with sliding panel(s) sliding along wall eliminating need for sidelite.
3. Door Type:
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a. Type 010T: Sliding panel(s) ‘X’ shall slide along interior side. b. Type 110T: Slide-swing panel(s) ‘SX’ shall slide along exterior side.
c. Type 310T: Slide-swing panel(s) ‘SX’ shall slide along interior side. Unit has Swing-out sidelite ‘SO’.
Note: Not available as surface mount.
B. OPERATOR: The Electric Operating Mechanism shall be ProSlide® Telescoping Series 2003T Belt Drive. The operator shall be mounted and concealed within the header.
1. Operating force shall be accomplished through a 1/8 HP DC permanent magnet motor with worm gear transmission and 1800 RPM working with drive belt, attached door hangers, and idler pulley. Maximum current draw shall not exceed 3.15 amps. Drive belt to be steel reinforced nylon, 1/2" (13mm) wide. Idler pulley to be reinforced, metallic material.
2. Microprocessor-based control shall include a 40-character alphanumeric display to provide ease of adjustment and comprehensive diagnostics, including error and alarm logging. All speeds, forces and time delays shall be independently adjustable. Actuating and safety sensors that provide self-monitoring are supported. Supported operating modes include 2-Way Automatic / 1-Way Exit, Full / Reduced Door Opening, and Day / Night Operation.3. Finger Safety: When unit slides open, strike rail of sliding panel will stop short of adjacent sidelite; resulting opening is net slide.
4. On/Off Switch shall be supplied. When switched OFF, unit reverts to free manual operation (likewise during electrical power failure).
C. SECURITY AND SAFETY POWER FAIL OPTIONS:
1. Automatic lock: Automatically locks slide function of door when in closed position. Additional power supply for autolock not acceptable. a. Autolock Fail Secure: If power fails the lock engages. b. Autolock Fail Safe: If power fails the lock disengages.
2. Monitored Power Fail Options (battery back-up):
a. Software Selectable Power Fail Open: If power fails the door slides open.
b. Software Selectable Power Fail Close: If power fails the door slides closed.
D. PROSLIDE® TELESCOPING HEADER: Shall be 8" (152mm) deep by 6" (152mm) high. Header shall be aluminum construction with removable face plate.
E. CARRIER ASSEMBLIES AND HEADER ROLLER TRACK: Shall be double track system that will provide for two-speed travel of sliding panels. Carrier Door Replacement at Various Sites
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assemblies shall support door panels with four rollers per panel. Rollers will be non-metallic, high quality ball bearing wheels 2" (51mm) diameter. AntiDerailing shall be accomplished by means of two additional adjustable rollers per panel. Overhead header roller track shall be continuous aluminum and replaceable.
F. SLIDING PANEL(S) AND SIDELITE(S): Shall be aluminum, 1-3/4" (44mm) deep with narrow stile rails. An intermediate, horizontal rail (muntin bar) or push bar shall be furnished for safety on breakaway panels. Standard bottom rail shall be 4" (102mm) tall. Slide panels to have synchronizing cable and speed regulating mechanism. Sliding panels shall have concealed bottom guides to stabilize slide travel.
1. Weather-stripping to be along perimeter of sliding panel(s) and swing-out sidelite(s) and to be captured in extruded aluminum door panel. Surface applied self-adhesive weatherstripping not acceptable. Adjustable springloaded double astragal weather-stripping at lead edge, double mohair at interlock rails
2. Standard glazing prep to be for 1/4” (6mm) glass.
3. Sliding Panel and Sidelite Options shall be:
a. Medium stile construction: 3 3/4” (95mm) wide vertical rails with 6 1/2” (165mm) tall bottom rail. Note: Medium stile construction will reduce slide opening.
b. Wide stile construction: 5” (127mm) wide vertical rails with 6 1/2” (165mm) tall bottom rail. Note: Wide stile construction will reduce slide opening.
c. Surface applied push bar 1 1/2” (32mm) wide in lieu of standard muntin bar.
d. Horizontal muntins 2 1/4” (57mm) wide or custom muntins from 1/2” (13mm) to 10” (254mm) wide.
e. Custom bottom rails up to 10” (254mm) tall.
f. Additional and/or extra wide sidelites of size and type indicated. g. Recessed sidelite and track and non-threshold application. h. Prep for glazing 5/16" (16mm) to 1" (25mm).
G. BREAKOUT PANELS: Slide-swing panels can swing out 90° from any position of slide movement and require no more than 50 lbf. (222 N) of force applied at the lock stile to open. Slide-swing panels and swing-out sidelites shall utilize spring loaded ball detent.
1. Slide-swing panels and swing-out sidelites shall have torsion spring designed to re-close panel if pushed open in the direction of egress.
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2. Breakout mechanism shall provide support across full width of the door, in normal operating mode. In breakout mode, torsion assembly shall support weight of the door to minimize drop during emergency egress.
3. Slide-swing panels shall include intermediate horizontal rail.
4. Units with breakout feature are UL listed as an exit away and are compliant with NFPA 101.
H. JAMBS/FRAME: Shall be aluminum with dimensions of 1 3/4" (44mm) deep by 6" (152mm) wide.
1. Optional 1 3/4" (44mm) deep by 8" (152mm) wide.
2. Optional transom of size and type indicated, mounted on header I. THRESHOLD: Shall be aluminum and:
1. Type 310T: Continuous (jamb-to-jamb) 1/2" (25mm) tall by 9” (229mm) wide. Optional recessed.
2. Type 110T & 010T: 1/2" (25 mm) tall by 7” (178mm) wide or 4” (102mm) wide. Optional non-threshold application.
J. HARDWARE: ANSI A156.5, Grade 1, 2-Point Locking provided and installed in strike rail shall include:
1. Hookbolt Latch, 5/8” laminated stainless steel, latching into jamb or adjacent strike rail.
2. 3/8” hex-bolt into breakout carrier frame.
3. Keyed 1 5/32" (29mm) Cylinder mounted on exterior side with 31/32" (25mm) backset
4. Thumb-turn mounted on interior side.
5. Hardware Options:
a. 3-Point locking for biparting doors
b. Flush Panic Exit Device recessed in 6 ½” muntin bar for door types 110T and 310T.
c. Surface mounted Panic Exit Device for door type 310. d. Lock Position Indicator.
e. Cylinder Guard.
f. Cylinder Escutcheon.
2.03 RELATED EQUIPMENT
A. BASIC SENSOR SYSTEM:
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1. Shall be 24 VDC, class ll circuit and shall be adjusted and installed in compliance with ANSI A156.10. System shall include the following:
a. ACTIVATION SENSORS:
i. Microwave or active infrared sensor shall be headermounted each side of door unit for detection of traffic from each direction.
b. THRESHOLD PRESENCE SENSORS:
ii. Header mounted sensors shall provide active infrared presence detection on each side of the door unit and shall remain active throughout the entire door opening and
closing cycle.
iii. Hold-open beams: Two pulsed infrared photoelectric beams to be mounted in vertical rails of sidelite or in jambs.
Sender/receiver arrangement parallels door opening.
2.04 RELATED WORK REQUIREMENTS
A. ELECTRICAL: 120 VAC, 50/60 cycle, single phase, dedicated 20 amp circuit per operator. Non-North American voltages can be 240 VAC 50/60 cycle (operator must have 240 volt power supply).
B. GLASS AND GLAZING: Glass stops, glazing vinyl and setting blocks for field glazing as per Safety Glazing standard ANSI Z97.1.2. Contractor to coordinate acquisition of glass in thickness and type in accordance with manufacturer's recommendations for prescribed design.
2.05 MATERIALS, FINISHES AND FABRICATION
A. EXTRUDED ALUMINUM: ASTM B221, 6063-T5 alloy and temper, anodized:
1. Structural Header Sections: Minimum 3/16" (5 mm) thickness.
2. Structural Frame Sections: Minimum 1/8" (3 mm) thickness.
3. Structural Panel Sections: Commercial grade.
B. FINISHES (for all exposed aluminum surfaces): Shall be one of the following:
1. 215-R1 Clear: Architectural Class 1 Clear Anodized Coating, AAMI2C22A41.
2. 313-R1 Dark Bronze, 312-R1 Light Bronze, or 315-R1 Black:
Architectural Class 1 Anodized Coating, AA-MI2C22A44.
3. Special Powder-coat Paint Coating: Color as selected.
C. PANEL CONSTRUCTION:
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1. Corner block type with 3/16” steel backup plate construction, mechanically secured with minimum of four hardened steel screws. Sash consists of snap-in glass stops, snap-in glazing beads and vinyl gaskets.
2. Slide-swing doors to be supplied with adjustable glass setting block to allow for adjusting of door to meet site conditions eliminating the need for additional shims.
D. FRAME CONSTRUCTION: Butt joints, mechanically secured with screws and formed alum. corner brackets.
E. OPERATOR CONSTRUCTION: Electromechanical, modular type construction.
PART III - EXECUTION
3.01 EXAMINATION
A. SITE VERIFICATION OF CONDITIONS: Installer must verify that base conditions previously installed under other sections are acceptable for product installation according to with manufacturer's instructions. Notify the Contractor in writing of conditions detrimental to the proper and timely completion of work. Do not start work until all negative conditions are corrected in a manner acceptable to the installer and manufacturer.
3.02 INSTALLATION
A. GENERAL: Installer shall be factory trained, certified by AAADM, and experienced to perform work of this section. Install door units’ plumb, level and true to line, without warp or rack of frames or sash with manufacturer's prescribed tolerances. Provide support and anchor in place.
B. DISSIMILAR MATERIALS: Comply with AAMA 101, Appendix Dissimilar Materials by separating aluminum materials and other corrodible surfaces from sources of corrosion or electrolytic action contact points.
C. WEATHER-TIGHT CONSTRUCTION: Install header and framing members in a bed of sealant or with joint filler or gaskets. Coordinate installation with wall flashings and other components of construction.
D. ELECTRICAL: General or electrical contractor to install all wiring to operator on a separate circuit breaker routed into header. General or electrical contractor also to install all necessary power and low voltage wiring for proper operation of associated security systems.
3.03 CLEANING, ADJUSTMENT AND PROTECTION
A. CLEANING: After installation, installer to take following steps:
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1. Remove temporary coverings and protection of adjacent work areas.
2. Remove construction debris from construction site and legally dispose of debris.
3. Repair or replace damaged installed products.
4. Clean product surfaces and lubricate operating equipment for optimum condition and safety.
B. ADJUSTMENT: AAADM certified technician to inspect and adjust installation.
Comply with ANSI A156.10.
C. ADVISE CONTRACTOR: Of precautions required through the remainder of the construction period, to ensure that doors will be without damage or deterioration (other than normal weathering) at the time of acceptance.
END OF SECTION
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SECTION 08 42 29.13
FOLDING AUTOMATIC ENTRANCES
PART I – GENERAL
1.01 SUMMARY
A. WORK INCLUDED: Furnish complete automatic aluminum door system, as specified, that has been manufactured, fabricated, and installed to maintain performance criteria stated by manufacturer without defects, damage, or failure.
B. RELATED WORK:
1. Concrete: Division 03, applicable sections.
2. Masonry: Division 04, applicable sections.
3. Thermal and Moisture Protection: Division 07, applicable sections.
5. Openings: Division 08, applicable sections.
6. Electrical: Division 26, applicable sections.
1.02 REFERENCES
A. AMERICAN ARCHITECTURAL MANUFACTURERS ASSOCIATION
(AAMA) 101: Appendix Dissimilar Materials.
B. AMERICAN ASSOCIATION OF AUTOMATIC DOOR MANUFACTURERS (AAADM).
C. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI):
1. ANSI Z97.1: Safety Glazing Materials Used in Buildings - Methods of Test.
2. ANSI A156.10 - 2011: For Power Operated Pedestrian Doors; Folding Doors section.
D. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) B221:
Aluminum-Alloy Extruded Bars, Rods, Shapes and Tubes.
E. THE ALUMINUM ASSOCIATION (AA) Aluminum Finishes Manual.
F. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 101: Code for Safety to Life from Fire in Buildings & Structures.
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1.03 SUBMITTALS
A. PRODUCT DATA: Submit manufacturer's complete product and installation data.
B. SHOP DRAWINGS: Submit drawings showing layout, profiles, product components including anchorage, accessories, finish, and glazing details (where required).
C. QUALITY ASSURANCE AND CLOSEOUT SUBMITTALS: Submit the following:
1. Manufacturer's Operation and Maintenance Data.
2. Warranty document as specified herein.
3. AAADM inspection compliance form completed and signed by certified AAADM inspector prior to doors being placed in operation as proof of compliance with ANSI A156.10 - 2011.
1.04 QUALITY ASSURANCE
A. INSTALLERS QUALIFICATIONS: Installer shall be factory trained, certified by AAADM, and experienced to perform work of this section.
B. MANUFACTURER’S QUALIFICATIONS: Manufacturer to have minimum (5) five years successful experience in the fabrication of intensive care doors of the type required for this project. Manufacturer capable of providing field service representation during installation, approving acceptable installer and approving application method.
1.05 WARRANTIES
A. MANUFACTURER'S WARRANTY: Units to be warranted against defect in material and workmanship for a period of one year from the Date of Substantial Completion. Manufacturer's warranty is in addition to, and not a limitation of, other rights owner may have under Contract Documents.
B. DISTRIBUTOR'S WARRANTY: One year warranty: Labor & transportation charges for defective parts replacement.
1.06 PROJECT CONDITIONS
A. FIELD MEASUREMENTS: Verify actual dimensions/openings by field measurements before fabrication and record on shop drawings. Coordinate with fabrication and construction schedule to avoid construction delays.
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1.07 DELIVERY, STORAGE AND HANDLING
A. ORDERING AND DELIVERY: Comply with factory's ordering instructions and lead time requirements. Delivery shall be in factory's original, unopened, undamaged containers with identification labels intact.
B. STORAGE AND PROTECTION: Provide protection from exposure to harmful weather conditions and vandalism.
PART II – PRODUCTS
2.01 MANUFACTURER
A. HORTON AUTOMATICS, a division of Overhead Door Corporation, shall manufacture automatic folding door(s) of type(s) and size(s) specified on plans and door schedule.
2.02 EQUIPMENT
A. MANUFACTURED DOOR UNITS: Shall include overhead concealed operator, breakout/track mechanism, top roller guide, top pivot, bottom pivot, folding (hinged) door panels, threshold, and frame. The operator header is mounted directly over the door panels with the breakout/track mechanism secured to the underside of the header. Door unit configurations shall be either Fold-in type or Fold-out type and shall be one of the following:
1. Single Fold: Two panels that fold to one side of opening.
2. Bifold (pair): Four panel, center-parting door with two panels folding to each side of opening.
B. OPERATOR AND HEADER: The Electric Operating Mechanism shall be Series 4-4200. Operator shall be isolation mounted and concealed in an extruded aluminum side access header. Maximum current draw shall not exceed 3.15 amps.
Header shall be 6" x 6" (152 mm x 152 mm).
1. Opening action shall be accomplished by a 1/8 HP D.C. permanent magnet motor working through reduction gears to the output shaft. Gear train bearings shall be sealed ball bearing types.
2. After time-delay, door closes using spring force of less than 15 lbs.
Closing action shall be accomplished by a maximum-duty Quadracoil™ spring (four independent coil springs separated by teflon discs and enclosed in an external spring box) with a lifetime warranty. Close speed control shall be supplied by dynamic braking of the motor and shall be fully adjustable. Operator to act as a manual closer when power is off or Door Replacement at Various Sites
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when the master control unit is removed. An On/Off/Hold Open switch shall be supplied.
C. MASTER CONTROL: Shall incorporate the following features:
1. Adjustable time delay.
2. Infinite adjustment to opening and open check speeds including adjusting the opening force without affecting the opening speed.
3. Immediate reversal of door motion without undue strain on the drive train.
This will be accomplished by supplying stepped voltage to the motor. The door shall reverse when closing if an object stops the door.
4. Motor Protection Circuit: A locked door motor protection circuit will be supplied that will shut off current to the motor when the door is inadvertently locked or otherwise prevented from opening.
5. Emergency Breakout: When door is in emergency breakout position, power shall be removed from the operator.
D. DOOR PANELS: Shall be aluminum, 1-3/4" (44 mm) deep with narrow stile vertical and horizontal rails. Lock and pivot rails shall have adjustable dual weather-stripping. Hinge points are protected with a 1" (25mm) Santoprene™ fingerguard for both seal and safety. Standard glazing prep to be for 1/4” (6 mm) glass.
1. The folding action of the door panels shall be accomplished with a top roller guide secured to the inactive door panel that slides in a track extruded as part of the breakout system. When the doors are in the folded open position, they shall provide a net opening of approximately 77-83 percent of the inside frame opening width. One folding panel closest to the jamb (active panel) shall be connected to the automatic swing operator at the top pivot and set on a floor mounted bottom pivot assembly. No bottom track shall be required.
2. Emergency Egress: Unit can swing out (break out) 90° from any position of door's travel and requires no more than 50 lbf. (222 N) of force applied 1” from the edge of at the lock stile (on inactive panel) to open. Inactive panel shall be furnished with horizontal push bar mounted on interior side.
Power to the operator shall be disconnected when the door panels are in this emergency breakout position. Horton Folding Type 4-4200 doors are compliant with NFPA 101.
3. Door panel options:
a. 2 1/2” wide horizontal muntin (standard muntin bar) in lieu of push bar.
b. Custom horizontal muntins from 1/2” to 10” wide.
c. Custom bottom rails up to 6” wide.
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d. Prep for glazing 5/16" (16 mm) to 1" (25 mm) with 65 lb. (30 kg) weight limit per panel.
E. JAMB/FRAME: Shall be aluminum, 1-3/4" (44 mm) deep by 4" (102 mm) wide.
Optional custom jambs up to 6” wide.
F. THRESHOLD: Shall be aluminum, 1/4” (6 mm) tall by 4” (102 mm) wide, low profile type threshold in compliance with Americans with Disabilities Act.
Optional 1/4” (6 mm) tall by 7” (178 mm) wide.
G. HARDWARE: Shall include the following lock assemblies:
1. Provided and installed in strike rail:
a. Hookbolt Lock latching into jamb or adjacent strike rail. b. Maximum Security Lock with 31/32" (25 mm) backset.
c. Keyed Cylinder mounted on exterior side with 1 5/32" (29 mm) standard size cylinder.
d. Thumbturn mounted on interior side.
e. Dropbolt into threshold (pairs only).
2. Provided and installed in top horizontal rail of inactive panel:
a. Lockbolt engaging roller track on underside of header. b. Maximum Security Lock with 31/32" (25 mm) backset.
c. Keyed Cylinder mounted on exterior side with 1 5/32" (29 mm) standard size cylinder.
d. Thumbturn mounted on interior side.
3. Hardware Options: Lock Indicator, Cylinder Guard, Cylinder Escutheon.
2.03 RELATED EQUIPMENT
A. SENSOR SYSTEM: Shall be 24 VAC, class ll circuit, Vista™ System for Folding Doors. This system shall provide for 2-way traffic and shall include the following:
1. Activation sensors: Shall be microwave motion sensor mounted on both sides of header. On fold side, spacer shall be provided to mount the sensor slightly away from the door.
2. Safety sensor: Active infrared sensor shall be mounted on fold side of header.
a. Sensor shall keep a closed door from opening or an open door from closing when safety zone (fold side) is occupied.
b. When door is in open position the fold side safety sensor shall provide threshold protection covering the full width of the doorway overlapping into activating zone.
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3. Optional Knowing Act switch (used with Vista™ System for Folding Doors). Specify as applicable: push plates, push buttons, radio control switch, or key switch.
B. GUARD RAILS: Aluminum “L” type guard rails, 32” long x 30” high with bar and no mesh, shall be furnished on the fold-side of door to protect cross-traffic as per ANSI A156.10 - 2011.
2.04 RELATED WORK REQUIREMENTS
A. ELECTRICAL: 120 VAC, 60 cycle, 1 phase, 15 amp service (in conduit) to each folding door unit on a dedicated 20 amp circuit breaker routed into header. NonNorth American voltages can be 240 VAC (operator must have 240 volt power supply)
B. GLASS AND GLAZING: Glazing Materials: Glass stops, glazing vinyl and setting blocks for field glazing as per Safety Glazing standard ANSI Z97.1.2.
General contractor to coordinate acquisition of glass in thickness and type in accordance with manufacturer's recommendations for prescribed design.
2.05 MATERIALS, FINISHES, AND FABRICATION
A. EXTRUDED ALUMINUM: ASTM B221, 6063-T5 alloy and temper, anodized:
1. Structural Header Sections: Minimum 3/16" (5 mm) thickness.
2. Structural Frame Sections: Minimum 1/8" (3 mm) thickness.
3. Structural Panel Sections: Commercial grade.
B. FINISHES (for all exposed aluminum surfaces): Shall be one of the following:
1. 204-R1 Clear: Arch. Class 2 Clear Anodized Coating, AA-MI2C22A31.
2. 313-R1 Dark Bronze: Arch. Class 1 Anodized Coating, AA-MI2C22A44.
3. 312-R1 Light Bronze: Arch. Class 1 Anodized Coating, AA-MI2C22A44.
4. 315-R1 Black: Arch. Class 1 Anodized Coating, AA-MI2C22A44.
5. Special Paint Coating: Color as selected.
6. Clad with stainless steel or muntz metal (brass alloy): #7 or #4 finish.
C. PANEL CONSTRUCTION:
1. Corner block type with 3/16” steel backup plate construction, mechanically secured with minimum of four hardened steel screws. Sash consists of snap-in glass stops, snap-in glazing beads and vinyl gaskets.
2. Weatherstripping material captured in extruded aluminum door panel.
Door nosing weatherstrip to be spring-loaded adjustable astragal type.
Surface applied self-adhesive weatherstripping not acceptable.
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3. Panel to be supplied with adjustable glass setting block to allow for adjusting of door to meet site conditions eliminating the need for additional shims.
D. FRAME CONSTRUCTION: Butt joints, mechanically secured by means of screws and formed aluminum corner brackets.
E. OPERATOR CONSTRUCTION: Electromechanical.
PART III - EXECUTION
3.01 EXAMINATION
A. SITE VERIFICATION OF CONDITIONS: Installer must verify that base conditions previously installed under other sections are acceptable for product installation according to with manufacturer's instructions. Notify the Contractor in writing of conditions detrimental to the proper and timely completion of work. Do not start work until all negative conditions are corrected in a manner acceptable to the installer and manufacturer.
3.02 INSTALLATION
A. GENERAL: Install door units’ plumb, level and true to line, without warp or rack of frames or sash with manufacturer's prescribed tolerances. Provide support and anchor in place.
B. DISSIMILAR MATERIALS: Comply with AAMA 101, Appendix Dissimilar Materials by separating aluminum materials and other corrodible surfaces from sources of corrosion or electrolytic action contact points.
C. WEATHER-TIGHT CONSTRUCTION: Install header and framing members in a bed of sealant or with joint filler or gaskets. Coordinate installation with wall flashings and other components of construction.
D. ELECTRICAL: Install all wiring to operator on a separate circuit breaker routed into header.
3.03 CLEANING, ADJUSTMENT AND PROTECTION
A. CLEANING: After installation, installer to take following steps:
1. Remove temporary coverings and protection of adjacent work areas.
2. Remove construction debris from construction site and legally dispose of debris.
3. Repair or replace damaged installed products.
4. Clean product surfaces and lubricate operating equipment for optimum condition and safety.
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B. ADJUSTMENTS & PRECAUTIONS: AAADM certified technician shall inspect & adjust installation to assure compliance with ANSI A156.10 - 2011. Advise General Contractor of precautions required through the remainder of the construction period, to ensure that doors will be without damage or deterioration (other than normal weathering) at the time of acceptance.
END OF SECTION
Door Replacement at Various Sites
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Document Control Page 253 of 273 F-187 Page 986 of 1219 BID ITEMS 1.1: REMOVE DOUBLE GLASS DOOR & JAMB (SIZE VARIES), AS WELL AS TRANSOM & ADJACENT GLASS WINDOWS. FURNISH & REPLACE WITH ADA
COMPLIANT AUTOMATIC GLASS SLIDING DOORS, TRANSOM, AND WINDOWS AS
NEEDED/WITH RESTRICTED ENTRY & EXIT ACCESS WITHIN BUILDING INCLUDING ALL HARDWARE AND ELECTRICAL FOR OPERATION OR CITY APPROVED EQUAL.
Door Replacement at Various Sites
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Document Control Page 269 of 273 F-203 Page 1002 of 1219 BID ITEMS 1.2 & 1.3: REMOVE DOUBLE GLASS OR METAL DOOR & JAMB (SIZE VARIES), AS WELL AS TRANSOM & ADJACENT GLASS WINDOWS. FURNISH &
REPLACE WITH ADA COMPLIANT AUTOMATIC GLASS FOLDING DOORS, TRANSOM,
AND WINDOWS AS NEEDED/WITH RESTRICTED ENTRY & EXIT ACCESS WITHIN
BUILDING INCLUDING ALL HARDWARE AND ELECTRICAL FOR OPERATION OR CITY APPROVED EQUAL.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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ACCESSORIES HARDWARE FOR OPERATION OR CITY APPROVED EQUAL Door Replacement at Various Sites
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Document Control Page 273 of 273 F-207 Page 1006 of 1219 Attachment BPage 1007 of 1219
Attachment CPage 1009 of 1219
EXHIBIT - 6
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE
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 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, ail reports due under the applicable filing requirements.
Date: Project Number: Contract Award: $
Awarding Agency:
Contractor Name: Total Number of Employees
AffiliateCompany:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 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 setforth 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 delinquentperiod orsuch 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.
EXHIBIT - 6
SF-IOO (EEO-I) must be filed
(A) All private employers who are:
(1) Subject to Title Vll 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 Govemment funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
HUD FORM 4230A
OMB Approval Number2501-0011
(Exp. 09/3012006)
1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER
4. BRIEF DESCRIPTION OF PROJECT
3. LOCATION OF PROJECT (City, County and state)
5. CHARACTER OF CONSTRUCTION
Building [3 Residential
C] Heavy C] Other (specify)
Highway
6. WAGE DECISION NO. (include modification number, if any) 7. WAGE DECISION EFFECTIVE DATE
COPY ATTACHED
8. WORK CLASSIFICATION(S)
9. PRIME CONTRACTOR (name, address)
Check All That Appl
HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) C] The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
O The proposed classification is utilized in the area by the construction industry. wage
The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the decision.
C] The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
Supporting documentation attached, including applicable wage decision.
Check On
Approved, meets all criteria. DOL confirmation requested.
C] One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.
Agency Representative
(Typed name and signature)
FOR HUD USE ONLY
LR2000:
Date
Log in:
Log out:
Phone Number
F-25 HUD4230A (8-03) PREVIOUS EDITION IS OBSOLETE
CONTRACTOR INFORMATION
Fill out all the following information:
Contractor's Name:
CU
Business Address:
Telephone Number: Email: 25 // C'//ØD dJ
California State Contractor's License Number
and Class: Class:
Tax Identification Number:
DIR Contractor Registration Number:
UEI Number:
YES Business License: Do you currently have an active
City Business License? No
Number of years of experience the company has as a contractor:
DIR Contractor Worker(s) Classification (s) IcbvrcT/ z (a-TV 04 (e.g. laborer, electrician, cement mason etc.)
Olndividual ÜPartnership ÜLimited Type of Firm: Liability Company Corporation (State ) oother (specify)
Minority Business Enterprise(MBE)
omen Business Enterprise (WBE)
Small Disadvantaged Business (SDB)
Veteran Owned Business
Disabled Veteran Owned Business
None Apply
EXHIBIT - 7
Address:
State:
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031 CERTIFICATION
Name of Firm:
Zip Code: Telephone Number: ( 323 )
Acting on behalf of the above-named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA).
1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above-narnedfirm have and will comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contractwith Los Angeles County and the Los Angeles County Development Authority. /&nn//kno Zå
Authorized Official:
By:
(Contractor/Subcontractor) (Signature)
(Date) (Title)
EXHIBIT - 12
FEDERAL LOBBYIST CERTIFICATION
Name ofFirm: Mm
Address: 3
State: Zip Code: ? 02 (YO 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 Community Development Commission, County of Los Angeles.
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 Memberof 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 grant, 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 Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LCL, "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.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into 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 $10,000 and not more than $100,000 for each such failure.
Authorized Official:
By:
(Contractor/Subcont actor) (Signature)
(Date) (Title)
EXHIBIT - 11
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
(03/31/17)
TO:
(Name of Labor Union, Workers Representative, etc)
(Address)
Contractor Name:
Project Name:
The Undersigned contractor holds a contract with involving funds provided by the U. S. Government, or a subcontract with a prime contractor holding such contract. Under the provisions included in the contract or subcontract for the above referenced project, and in accordance with Executive Order 11246, the undersigned contractor 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.
The undersigned contractor shall abide by the requirements of 41 CFR 60—300.5(a) and 60—741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability; and require affirmative action by prime contractors and subcontractors to employ, and advance in employment, qualified protected veterans and individuals with disabilities.
Copies of this notice will made available to worker representatives and be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Print Name)
(Date)
By:
(Signature)
cc2<7tv-
(Title)
EXHIBIT - 8
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date: 1/0 Project Number: —Z
/d/lØ lhs [q //Q//Z
Project Name:
Company Name: l
/'ému%ø Pru
Address:3725
Print Name:
Title:
Signature:
EXHIBIT - 5
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.
2 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 washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated 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: MM/L7M CFO
Address:
By:
Title:
STATE OF CALIFORNIA
FRANCHISE TAX BOARD
300 S. SPRING ST. #5704
LOS ANGELES CA 90013-1204 Notice Date: 09/18/24
APPLICATION FOR CERTIFICATE OF REVIVOR
AMERICAN PRIDE BUILDERS CO
3725 FIRESTONE BLVD
SOUTH GATE CA 90280
SEP 18
Before the California Franchise Tax Bo rdFRANCHISE TAX BOARD
LOS ANGELES, CA
In the matter of the application for certi Ivor o .
Entity Number
FEIN Number
SOS Number
Entity Name
Address
4630470000
852748316000
AMERICAN PRIDE BUILDERS CO
3725 FIRESTONE BLVD
SOUTH GATE CA 90280-
I request relief from suspension or forfeiture for this entity. I previously submitted or I am enclosing all required payments, returns, or documents.
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Those who can sign this application on behalf of an entity (domestic or foreign) include:
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3 5 5 74 0 31411
FTB 3557 BC (REV 03-2014)
November 8, 2024
Nation Electric & Construction Inc
Lic.# 100557
369 s Doheny Suite #246
Beverly Hills CA 90211
Dear Nation Electric & Construction Inc
I hope this message finds you well. I am writing to inform you that, after careful consideration, we have decided not to proceed with your services for the following ADA Door Installation Project Clara Park Community Center: 4835 Clara St, Cudahy, CA 90201 CDBG Project Number: 602661-23.
We genuinely appreciate the time and effort you dedicated to providing us with your proposal. Your professionalism and expertise are commendable, and we hope to explore opportunities for collaboration in future projects.
Thank you for your understanding. We look forward to potentially working together down the line.
Best regards,
Emmanuel Nila
Owner
American Pride Builders Co
American Pride Builders Co
3725 Firestone blvd unit C
Southgate CA 902080
323-605-9753
[email protected]
American Pride
“Serving The People "Sirviendo A La Comunidad"
Staff Report
12/03/2024 Page 1 of 3
STAFF REPORT
Date: December 3, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: John Peraza, Assistant to the City Manager
Subject: Approval of Professional Services Agreement with Absolute International Security, Inc. (AIS) for Professional Security Guard Services
RECOMMENDATION
The City Council is requested to award a Professional Services Agreement (PSA) to Absolute International Security, Inc. (AIS) for professional security guard services in a not-to-exceed fiscal year sum of $118,000.
BACKGROUND
1. On August 22, 2024, the City of Cudahy issued a Request for Proposal (RFP) to solicit proposals for Professional Security Guard Services. The goal of this solicitation was to select a new qualified security services provider at city facilities and properties.
2. On September 19, 2024, the submission window for the RFP closed, and 12 proposals were received. These proposals were carefully reviewed by city staff based on criteria such as qualifications, cost, experience, and service capabilities.
3. On October 28, 2024, interviews were conducted with the top three proposers. These interviews helped further evaluate the qualifications and readiness of the bidders to provide the required services.
4. On November 6, 2024, Absolute International Security, Inc. (AIS) was notified that they had been selected as the preferred bidder. AIS has been recommended by staff for the award of the contract based on their qualifications and proposal.
ANALYSIS
The city is requesting professional security guard services to increase public safety and Item Number
14E
“Serving The People "Sirviendo A La Comunidad"
Staff Report
12/03/2024 Page 2 of 3
crime prevention. The security guards will have marked vehicles for patrolling and will conduct on-foot patrols in uniform. The two Cudahy-dedicated security officers will maintain a constant and visible presence around and throughout the perimeter of Cudahy Park, Cudahy River Park, Clara Park, Lugo Park, community centers, streets, and other city owned properties. The security services will take place four days out of the week for eight hours per day (i.e., Thursday through Sunday; 9:00 p.m. to 5:00 a.m.) for a total of 32 hours per week. This schedule is subject to change and shifts may vary depending on city needs at various locations or special events.
Absolute International Security is a long-standing agency that was established in 2008.
With over 15 years of security operations and expertise, AIS has established itself as a premier security services operator in the Southern California region for municipal, city, and county government facilities. Their key personnel have over 130 years of combined Law Enforcement, Military, and Private Security experience.
AIS has provided services to city hall’s, government service facilities, libraries, schools, parks, and critical infrastructure. AIS displayed the highest-level quality in terms of training their security guards to fit the needs of our city. Each of their security guards are licensed, trained, and certified, not only to the requirements of their position, but to the maximum compliance level that they are able to obtain. This guarantees that guards have a thorough awareness of their responsibilities for their patrol routes or site, any potential risks or threats, as well as their duties to the general public.
AIS uses a mobile, web-based guard touring software solution called Lighthouse. This software provides real time oversight and allows the city to see reports, GPS, and incident reports. Guards are instructed to write hourly activity reports through this software. Another key feature is the scanning of checkpoints. These checkpoints can be placed at an area of importance, which will physically force the guard to scan the checkpoint on a needed basis.
Through this program, the city can also monitor the guard’s live GPS location which updates every few minutes. If a guard misses a scheduled patrol, a notification will be sent to their 24- hour dispatch center, and they would contact the guard to remind them of their designated patrol.
The security guards deployed by AIS will be responsible for a range of tasks aimed at ensuring the safety and security of the city’s properties. Guards will patrol the designated locations, including parks, community centers, and other public spaces, on a routine basis. They will be trained to identify and address unwanted people who may pose a risk to public safety or city property. In addition to monitoring suspicious activity, the guards will be vigilant in preventing any incidents of crime and ensuring that city buildings remain secure.
“Serving The People "Sirviendo A La Comunidad"
Staff Report
12/03/2024 Page 3 of 3
The guards will also be responsible for writing hourly and daily reports to document their observations, actions taken, and any incidents that occur during their shifts. These reports will be essential for tracking the performance of the security services and ensuring that any security concerns are addressed promptly. The presence of trained security personnel, coupled with their thorough reporting, will help maintain a high level of safety and deter criminal activity at city facilities.
In addition to the routine duties described above, additional security services may be requested as needed. This could include extra shifts or specialized assignments for particular events, emergencies, or periods of heightened risk. For example, special events or city functions may require additional security coverage, or certain locations may need enhanced monitoring due to specific concerns. AIS will be available to accommodate these changes and ensure that security services remain flexible and responsive to the city’s evolving needs.
CONCLUSION
The City recommends awarding a Professional Services Agreement to Absolute International Security, Inc. for professional security guard services in a not-to-exceed fiscal year sum of $118,000. This contract will support the city’s ongoing efforts to ensure the safety and security of its properties, protect the community, and maintain a high standard of public safety.
FINANCIAL IMPACT
The current budget allocation is $60,000, and city staff will manage security firm’s hours to remain within budget. Any costs incurred for special assignments or requests that exceed the allocated budget will be covered by other budget line items.
STRATEGIC PLAN CORRELATION
Goal A. Community Services Programs, and Activities for All Ages.
3. Ensure parks are safe and clean.
ATTACHMENTS
A. Draft Professional Services Agreement between the City of Cudahy and Absolute International Security, Inc., with Exhibit A (Request for Proposal), Exhibit B (AIS Proposal), Exhibit C (Fee Schedule “Rate Sheet”).
2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Professional Security Guard Services)
(Parties: Absolute International Security, Inc. and City of Cudahy) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 3rd day of December 2024 (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and ABSOLUTE INTERNATIONAL SECURITY, INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.
WHEREAS, CITY wishes to engage CONSULTANT to provide professional security guard services; and
WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “B” drafted by CONSULTANT in response to CITY’s Request for Proposals attached as Exhibit “A” (both exhibits together hereinafter referred to as the “Scope of Services”).
CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the Attachment APage 1040 of 1219
aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”
1.2 TERM: This Agreement shall have a term of two (2) years (hereinafter, the “Term”), commencing from EFFECTIVE DATE. Term may be extended for no more than one additional one-year term at the option of the CITY, unless CITY issues written notice of its intent not to authorize an additional term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “Approved Rate Schedule”).
B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of ONE HUNDRED EIGHTEEN THOUSAND DOLLARS ($118,000) per fiscal year (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the Director of Finance. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITYapproved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Services are completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice.
CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement.
CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVES: The CITY hereby designates John Peraza, Assistant to the City Manager (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The Superintendent shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Lucy Lin, President & QM to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the
date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion.
The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.
CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined
by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage
(occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide.
As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polices of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.
VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to
cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period.
The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced
efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured
within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically.
This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.
CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Absolute International Security, Inc.
5155 Irwindale Ave.
Irwindale, CA 91706
Attn: Lucy Lin
Phone: (626) 858-7188
City of Cudahy
City Manager’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Attn: John Peraza
Phone: (323) 773-5143
Fax: (323) 771-2072
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared
this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF CUDAHY: ABSOLUTE INTERNATIONAL
SECURITY, INC.:
By:______________________________
Alfonso Noyola, City Manager
Date:_____________________________
By:______________________________
Lucy Lin, President/QM
Date:_____________________________
APPROVED AS TO FORM:
By:______________________________
Stephanie Arechiga
City Attorney
Date:_____________________________
“Exhibit A”
Request for Proposal
REQUEST FOR PROPOSALS
TO PROVIDE
Professional Security Guard Services
TO THE
CITY OF CUDAHY
Request for Proposal Schedule
* The City of Cudahy reserves the right to modify the schedule.
RFP ISSUED August 22, 2024
DEADLINE TO SUBMIT QUESTIONS
PROPOSAL DUE DATE
September 5, 2024
September 19, 2024
at 3:00 PM
NOTIFICATION TO PREFERRED
CONSULTANT
October 2024
i
Table of Contents
I. INTRODUCTION.................................................................................................. 1 II. BACKGROUND.................................................................................................... 1 III. SCOPE OF WORK............................................................................................... 2 IV. GENERAL INFORMATION .................................................................................. 8 V. TERMS AND CONDITIONS............................................................................... 11 VI. PROPOSAL CONTENT ..................................................................................... 13 VII. EVALUATION PROCEDURES........................................................................... 14 VIII. PROPOSAL SUBMITTAL................................................................................... 16 IX. STAFF CONTACT.............................................................................................. 16 APPENDIX A – Sample Contract .................................................................................. 17
1 City of Cudahy
5220 Santa Ana, Cudahy, California 90201
(323) 773-5143 Fax (323) 771-2072
AUGUST 22, 2024
Professional Security Guard Services
I. INTRODUCTION
The City of Cudahy (“City”) seeks proposals from qualified firms for Professional Security Guard Services.
Responses must conform with the requirements of this Request for Proposal (“RFP”).
The City reserves the right to waive any irregularity in any proposal or to reject any proposal which does not comply with this RFP. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Selection of the proposer will be made solely by the City on criteria determined by the City.
By submitting a project proposal, the proposer agrees to all of the terms of the RFP and Agreement (Appendix A). The successful proposer will be required to enter into an Agreement (Appendix A) which will include the requirements of this RFP. The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or RFP. The City reserves the right to enter into an Agreement with additional requests if required.
II. BACKGROUND
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960 and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development. Cudahy is 1.1 square miles with a current population of 23,805. The City is a general law city and operates under the council-manager form of government.
The Los Angeles County Sheriffs Department is contracted to provide law-enforcement services in the City. The City’s Community Preservation Division is responsible for enforcing the City’s Municipal Code. The City desires to take a proactive approach in patrolling and providing multiple avenues for public safety in public spaces.
The City is seeking professional security guard services for city facilities that include but are not limited to city parks, community centers, streets and other city-owned properties.
Submitted proposals should reflect experience in providing stellar professional security guard services in public settings. The selected professional security guard services provider will enhance public safety services to the community.
2 III. PROJECT SCOPE OF WORK
The Scope of Work, as may be modified through negotiation and/or by written addendum issued by the City, will be made a part of the Agreement. The Agreement is expected to be a two-year term. The City shall have the unilateral option, at its sole discretion, to renew the Agreement automatically for no more than one additional one-year term.
This RFP is intended to solicit information and proposals from qualified professional security guard service providers capable of meeting the City’s needs for its various facilities outlined in this scope of work. The professional security guard service provider shall actively patrol the areas under the pre-arranged schedule. All professional services are to be provided by qualified personnel experienced in their respective fields and in a manner consistent with the industry standards, diligence and skills.
A professional security guard shall be present at all times during the course of the prearranged schedule. Lunches and breaks will need to have the proper coverage. The patrolling of the area shall be supplemented with a marked company motorized vehicle to actively deter illegal activity. The maintenance, fuel and/or vehicle charging will be the responsibility of the professional security guard service provider. The selected professional security guard service provider shall provide daily reports to City staff describing their daily activity, observations, and interactions with the public. The selected agency will have significant expertise in the areas necessary to meet the needs and requirements set forth in this RFP. Critical criteria in the City’s evaluation process will include the agency’s ability to share data and jointly develop services that meet the City’s needs.
All proposals shall provide for professional security guard services that include patrolling of designated locations specified on page 5 under “Performance Duties”. Thursday through Sunday, 9:00 PM to 5:00 AM (this is subject to change upon agreement of both the City and the selected professional security guard service provider. The proposal must reflect the assignment of two professional security guards in two separate company vehicles.
The agency shall provide services through the following mechanisms:
• The professional security guards are to monitor all areas specified on page 5 under “Performance Duties” and all designated breaks, as required by law, need to be covered by appropriate professional security guard. • The professional security guards shall monitor the encompassing area, as well as perform walkthroughs through all parks and facilities, which include common areas and throughways during the course of their assigned shift.
3 • The professional security guards are to immediately report suspicious activity and contact the appropriate emergency personnel in situations where safety is compromised, or criminal activity is evident.
• The professional security guards are to deter any type of illegal activity and ensure that areas of travel are clear for accessibility. • The expectation is that the professional security guard will alleviate and deter activity that is not conducive to productive and appropriate use of the area. • For information not known to the professional security guard, the expectation is that they will document questions from members of the community and ensure that information is received by City staff for appropriate follow-up. • The assigned professional security guard is to be highly visible and identified as a professional security guard. They will be required to wear a professional uniform and badge. The professional security guard shall be highly vigilant in actively patrolling while on duty. The use of cell phones should only be for work related matters. The professional security guard services should include the use of two-way radios and/or cell phones to quickly relay information to City staff and/or emergency personnel.
• The professional security guard service provider shall work to promote mutual trust and cooperation with the public and visitors within the patrol area. • The professional security guard service provider shall act in a courteous and professional demeanor towards the public and public officials. • The City will provide a professional security guard service provider with a list of contacts throughout the City. This list includes but is not limited to City staff, Community Outreach Groups, Los Angeles County Sherriff’s Department, and the Los Angeles County Fire Department.
• The professional security guard service provider will have frequent meetings with City staff to discuss and evaluate if the needs of the City are being met, what types of activity they are seeing, any trends that might be of concern, and to do an overall evaluation of the professional security guard services and make any necessary adjustments to the services provided.
Reports
An hour-by-hour log shall be kept for all activities taking place during each shift.
The selected agency shall complete and submit a Daily Report Form to the City upon completion of each daily shift. The daily report shall include listing of all occurrences with significant data pertaining to all activities. In the event of an unusual occurrence, the selected agency shall meet with City staff and submit an Incident Report to City staff, along with the Daily Report Form within 24 hours of the occurrence to the City. All required written records, including copies of police reports that may have been obtained, shall be turned over to the City Manager’s Office and/or other designees.
4 Personnel
The professional security guard assigned to perform work under this contract shall always be in uniform. These uniforms must clearly identify the name of the security company and the name of the individual security guard, in conformance with California State requirements. This identification may be accomplished through the use of shoulder patches, silk screening or stitched company emblems, insignias or logos.
All professional security guards must maintain a courteous and respectful demeanor when dealing with all members of the public. The professional security guard will not be authorized to physically apprehend, subdue, or restrain any member of the public for any reason.
The professional security guard employed by the agency to perform work under this contract shall:
• Be able to communicate effectively in both written and oral English • Be proficient in Spanish
• Be physically and emotionally capable of performing the assigned tasks Equipment
The professional security guard provider shall furnish all equipment necessary to perform the work as described herein. All equipment shall be kept in good repair and shall conform to all federal, state, and local requirements.
Required equipment shall include but is not limited to:
• A vehicle to perform security inspections during shift, with visible company identification and amber lights to allow for rapid transportation around and throughout the designated patrol areas.
• The professional security guards shall be equipped with portable communication devices permitting communication with company headquarters and/or with appropriate law enforcement agencies and other designated contacts. • Flashlight
Work Schedule
Beginning of Shift: At the start of each work shift the professional security guard shall document the time of arrival and discuss any significant security matters with the security guard from the previous shift.
End of Shift: At the end of each work shift the professional security guard shall advise City staff of any incidents or events that occurred during the previous work shift,
5 regardless of the severity of the incident. Any and all written reports prepared during the shift shall be submitted to the designated person via email.
Change of Shift: Agency shall ensure that continuous coverage is maintained during shift changes. Under no circumstances will there be a total absence of active security services during the hours covered by this contract.
• All work during the hours listed shall be continuous. Breaks shall only be taken at designated times and areas and when adequate coverage is maintained. • Guard shift changes during operating hours of City Facilities are to occur at the designated check-in/check-out location within the designated community center. • The professional security guards shift changes after operation hours must be recorded and monitored by the agency and must include proof that the check-in and check-out occurred at the predetermined scheduled times and that the check-in and check-out occurred within the confines of the designated patrol perimeter. Documentation of shift changes occurring after operational shift hours must be provided to City staff upon request.
• During operational hours of City facilities and other City sites, security guard shift changes are to occur at the designated check-in/check-out location within the designated community center.
Performance Duties
The professional security guard shall maintain a constant and visible presence around and throughout, but not limited to the perimeter of Cudahy Park, Cudahy River Park, Clara Park, Clara Expansion Park, Lugo Park, community centers, streets and other city-owned properties. Professional security guard services may be required at successor-agency owned sites and city streets. Work performed shall consist of providing a professional security guard to perform security services as described herein:
• Routinely patrol through the confines of the City’s recreational parks, facilities, and streets including areas between all buildings, structures, and gated field and park space.
• Supervise and control access to the City facilities and grounds within the patrol perimeter.
• Routinely check in with designated City staff at the designated location(s) during operating hours of City parks and facilities within the City. • Provide security inspections, scheduled rounds to tracking system location as designated, detection and investigation of buildings, ground, and appurtenances • Ensure City owned building exteriors, structures, and gates are locked during after-hours non-operation and closures.
6 • Perform inspection, detection, and investigation of all security–related incidents, violations of regulations and matters of public safety and report same to appropriate City staff.
• Assisting City staff with ensuring the City’s municipal codes are not being violated.
• Informing the public of the City’s municipal codes applicable to City parks and facilities.
• Contact appropriate personnel and police in case of unauthorized door openings or closings within the City’s parks and facilities.
• Screen visitors of facilities within the patrol perimeter. • Question and check ID of anyone who enters the premises during and after normal working hours and record said entry on daily report document (only City staff with proper identification will be allowed within City facilities after normal operating hours).
• Be observant of behavior in common areas such as smoking and/or vaping in non-smoking areas and take appropriate action.
• The professional security guard must investigate all credible reports of suspicious, illegal activity from members of the public within the confines of the designated patrol perimeter and report all evidence of vandalism. • Observe and report any suspicious, illicit, or illegal activity or evidence of vandalism to the designated recreational parks and/or facilities. • Communication shall be established with local law enforcement agencies in order to provide information on criminal activity taking place on site. This communication shall include immediate communication required for emergency situations (i.e., gunfire, domestic violence, etc.) as well as communication required for subsequent investigations of criminal activity. • Report inoperative interior and exterior lighting.
• Contact appropriate City representative, police and/or other emergency response personnel as required in the event of an emergency.
• Notify the appropriate law enforcement agency immediately of any unlawful activity.
• Report any action taken by the security guard regarding any ordinance and/or rule enforcement, or emergency, in writing to the designated City staff. • The professional security guard shall remain within the patrol perimeter at all times throughout the duration of the shift.
• Document all reports of suspicious, illegal activity and/or vandalism. Include the nature, precise location, and outcome of all incidents in addition to any other pertinent details.
7 The professional security guard duties may, at the discretion of City staff, also include, but not be limited to:
• Inspection of all City facilities with the patrol perimeter. Preferably at unscheduled 1 ½ hour intervals.
• Periodic inspection of outside property which shall include all parking lots, office buildings, and ensure proper use of handicapped parking and fire zones. • Periodically inspect all exits, including fire stairwells and respond to alarms indicating unauthorized use.
• After business hours, inspection of office and building door lock, verification that sensitive areas are secured.
• Investigate fire, burglar, and pull-cord alarms for entire patrol area.
Emergencies
Professional security guards shall respond promptly and appropriately to all securityrelated emergencies and requests for emergency assistance regardless of the nature of the emergency. Upon determination of the nature of the emergency, the security guard shall immediately notify the appropriate law enforcement agency, fire department and/or medical aid provider as required. Medical aid administered by the security guard shall be only to the extent that the officer is qualified to administer in accordance with the officer’s level of certification. The professional security guard shall interface immediately with any law enforcement agency responding within the patrol perimeter outlined in map below.
Keys
Any keys/clickers issued to professional security guards must be responsibly maintained and securely stored. Keys and combination lock codes are only to be exchanged between security guards at designated shift rotations and to City staff upon request. Security guards will not open any facility, structure, or gate for any member of the public without direction from City staff except for emergencies. The agency will be responsible for expenses incurred from lost keys or from vandalism directly caused from inappropriate use of City issues keys or combination locks.
IV. PROPOSAL SCHEDULE
RFP ISSUED August 22, 2024
DEADLINE TO SUBMIT QUESTIONS
PROPOSAL DUE DATE
September 5, 2024
September 19, 2024
at 3:00 PM
8 NOTIFICATION TO PREFERRED CONSULTANT October 2024
IV. GENERAL INFORMATION
A. Proposal Validity – The Proposer’s pricing shall be valid for a minimum of 90 days.
B. Request for Information – Questions regarding this RFP are for clarification purposes only and are to be directed by e-mail to: John Peraza, Assistant to the City Manager, at [email protected]. The deadline to submit questions will be September 5, 2024.
C. Submission Deadline – Proposals must be received, in a sealed envelope with the words “Request for Proposal – Professional Security Guard Services” clearly labeled along with the name and address of the firm, by the Office of the City Clerk by 3:00 pm on September 19, 2024. The submitted packet shall include three (3) copies of the proposal and an electronic copy (flash drive).
D. Late Submittals – It is strongly recommended that proposals be delivered inperson or via personal courier by or before the submission deadline.
Proposals received after the specified submission deadline will be disqualified and not considered. Proposals postmarked prior to the applicable deadline date but received after the deadline will also be disqualified and not considered. Proposers are responsible to ensure the timely submission of their proposal. Proposals may not be submitted by via facsimile or electronic mail.
E. Withdrawal or Modifications – A proposal may be withdrawn or changed by a written and signed request by the firm prior to the final deadline. If firms do not make this request before the final deadline, the firm shall be obligated to fulfill the terms of their proposal as submitted. In the event a proposer seeks to withdraw and modify a proposal, the modified proposal must be submitted before the applicable submission deadline.
F. Addenda – In the event that any portion of this RFP is changed, the City will provide addenda via fax or e-mail to all firms who have received an RFP. The signed addenda must be included with the RFP submittal. Submittals received without the applicable addenda may be rejected as incomplete.
G. Responsiveness – All submittals will be reviewed by the City to determine compliance with all requirements and instructions as specified in the RFP.
Firms are notified that failure to comply with any part of the RFP may result in the rejection of the submittal as non-responsive.
9 The City also reserves the right, at its sole and absolute discretion, to waive minor administrative irregularities or errors.
H. Costs – The City will not be liable for any costs incurred by the Proposer in preparing and responding to this RFP. The Proposer shall not include any pre-contractual expenses as part of the proposed cost.
I. Legal Authorization – All forms and documentation included in this RFP must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship with the City.
J. Conflict of Interest – Proposer is required to issue a brief statement disclosing potentially conflicting interests including:
a. Any litigation involving the Proposer or the Proposer’s personnel which is adverse to the City; and
b. Consulting services currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that made application to the City for a discretionary land use entitlement or City project.
K. Rejection of Submittals – The City reserves the right at its sole discretion to reject any and all submittals received without penalty as result of this RFP. a. A proposal may be immediately rejected if:
i. It contains misrepresentative or misleading information; ii. It is received at any time after the exact date and time set for receipt of proposals;
iii. It does not meet the required specifications or terms and conditions as prescribed;
iv. It is not prepared in the format outlined in this RFP; v. It is signed by an individual not authorized to represent the Proposer; vi. Proposer is involved in outstanding litigation that could impinge on its ability to complete the responsibilities and obligations of the proposal; vii. Any other reason in the City’s sole and absolute discretion.
L. No Guarantee of Contract – No guarantee is made that any contract will be awarded in response to this RFP.
10 M. Insurance Coverage – If a Proposer is selected, all insurance documentation will be provided to the City prior to the execution of a contract at the expense of the Proposer. All insurance requirements are included as a provision of the contract.
N. Sub-consultants – Proposer shall identify any sub-consultants and describe the responsibilities that will be assigned to them. The same level of references and background information required for Proposers shall be required of sub-consultants.
O. Acceptance of Conditions – Proposer shall include a statement offering the acceptance of all conditions listed in the RFP document (including, but not limited to, all the conditions reflected in the sample Professional Services Agreement) which shall be submitted with the proposal.
P. Public Record – All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law. City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and City shall be under no obligation to the Proposer to withhold such records. In so far as a proposal contains information that the Proposer regards as proprietary and confidential, it shall be the responsibility of the Proposer (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It shall be insufficient for the Proposer to merely identify the entire proposal or an entire page or set of pages of proprietary. With respect to information deemed proprietary, the procedures set forth under subsection (T) below shall be observed. Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information nor shall any information readily available to the general public or any other information not regarded as proprietary and confidential under federal or state law.
Q. Right to Request Additional Information – During the evaluation process the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
R. Additional Services – The Scope of Work describes the minimum baseline level of services required for the services contemplated under this RFP, however, cost-effective proposals that exceed the minimum levels of service are welcome. Upon final selection of the firm, the Scope
11 of Work may be modified and refined during negotiations with the City to account for the performance of services that exceed the baseline level called for under this RFP.
S. Conflict of Interest - By signing the Agreement, the successful Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Agreement or any work for the proposed project. For the term of the Agreement, no elected or appointed official, officer or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination of office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.
T. Confidential Information - City reserves the right to make copies of a Proposer’s proposal available for inspection and copying by members of the public, (including proposals which may contain information the Proposer regards as proprietary in nature), unless the City’s legal counsel determines that the information which the Proposer regards as proprietary may be withheld pursuant to applicable provisions of the California Public Records Act (Govt. Code Section 6250 et seq.) or other applicable state or federal law. In the event City proposes to disclose records containing information the Proposer has specifically identified as being proprietary and confidential, City shall notify the Proposer in writing of its intent to release such information and the Proposer shall have five (5) working days after City’s issuance of its notice to give City written notice of Proposer’s objection to the City’s release of proprietary information. City will not release the proprietary information after receipt of the objection notice from the Proposer unless: (i) the objection notice is not received by the City until after the close of business on the 5th day following City’s issuance of the notice of intent to disclose; (iii) ordered to release the information by a court of competent jurisdiction; or (iii) the Proposer’s objection notice fails to include a fully executed indemnification agreement wherein the Proposer agrees indemnify, defend and hold harmless the City, and its elected and appointed officials, officers, directors, employees and agents from and against all liability, loss, cost or expense (including attorneys’ fees) arising out of any legal action brought to compel the release of records containing the proprietary information which the Proposer wishes to withhold. Again, the Proposer must specifically identify the information it deems proprietary.
V. TERMS AND CONDITIONS
A. Certification
12 By submitting a proposal, Proposer certifies that it has fully read and understands this RFP and has full knowledge of the nature, scope and scale of services and tasks that are to be performed under this RFP. Proposer also certifies that its proposal was prepared without prior understanding, agreement or connection with any other Proposer submitting a proposal from this RFP, and is in all respects fair and without collusion or fraud, so that all proposals will result from free, open and competitive proposing among all Proposers.
B. Reserving Rights
The City reserves the right to reject any and all proposals received as a result of this RFP. City’s potential award of a contract will not be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If a contract is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, technical expertise, technological innovation, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City.
C. Assignment and Guarantee
No assignment by the Proposer of the contract or any part thereof, or of funds to be received hereunder, is binding unless the City has given written consent before such assignment. There is also no guarantee of a minimal amount of work or compensation for any Proposer selected for contract negotiations.
E. Clarification
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments should be emailed to Richard Iglesias, City Clerk, at [email protected]. The City shall not be responsible for, nor be bound by, any oral instructions, interpretations or explanations issued by the City.
F. Discrimination
The Proposer and all subcontractors must not discriminate, nor permit discrimination against any person on the grounds of race, national origin, sex, handicap, sexual orientation, or veteran status in their employment practices, in any of their contractual arrangements, in all services and accommodations they offer the public or in their business operations.
G. Indemnification
Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees and agents from any liability of any nature or kind in regard to the preparation or presentation of a proposal in response to this RFP.
13 H. Gratuity Prohibition
Proposer shall not offer any gratuities, favors or anything of monetary value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.
VI. PROPOSAL CONTENT
A. Cover Letter. The cover letter shall include the name, address, phone number and signature of the person authorized to bind the Proposer to the terms of the proposal.
B. Proposer’s Background. A summary of the Proposer’s background and their area(s) of professional expertise relevant to this RFP.
C. Project Approach/Methodology. A detailed description of the proposed approach/methodology for completing the required components of the Scope of Work. The Proposer shall demonstrate their understanding of the needs of the City and the objectives of the work proposed, as well as their ability to timely complete all the tasks outlined in the Scope of Work.
D. Project Schedule and Schedule Control. A detailed project schedule for each of the main components outlined in the Scope of Work in this RFP, outlining the tasks, activities, deliverables, milestones, and durations of each, including overlaps among the two components. Proposers shall allot sufficient time for review and feedback periods, as well as identify reasonably foreseeable delays that may occur, and factor in additional time as may be appropriate.
E. References. A minimum of three (3) public agency references highlighting similar work as requested in this RFP was performed by the team/personnel proposed for Cudahy. Such references must be for work completed within the last five (5) years, and include the name, title, and contact information of the public agency officer or employee responsible for overseeing the Proposer’s work.
F. Cost Proposal/ Fee Schedule. A detailed “not-to-exceed” cost proposal for each of the main components outlined on the Scope of Work in this RFP, as well as any specific cost savings. Any proposed payment schedule shall align with the project schedule. In addition, the cost proposal shall include an itemized budget, including all necessary labor costs and expenses (direct or indirect), for each of the components. The cost proposal shall state the current hourly rates of all assigned staff/team members. As well as any known increases to said rate scheduled to occur prior to completion of this project.
G. Validity of Proposal. Responses to this RFP shall be valid for a minimum of ninety (90) days. Proposers shall state the length of time for which the proposal
14 shall remain valid. Submissions not valid for at least ninety (90) days will be considered non-responsive.
CONTRACT IMPLEMENTATION
The contract resulting from this solicitation is tentatively scheduled to be awarded in October 2024. Upon award notification and prior to final contract approval, the successful proposer will be required to submit the following:
• Proof of general liability insurance
• Documentation of all credentials necessary to legally perform the services specified.
• A complete W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and • Proof of a current City of Cudahy tax certificate if the agency is in, or performs services within, the city limits agreed to by the parties.
The finalized contract will include the scope of work, the terms and conditions, the fee schedule and any negotiated modifications agreed to by the parties.
VII. EVALUATION PROCEDURES
EVALUATION CRITERIA
The following criteria shall be used by the Committee to evaluate proposals out of a possible total score of 100 points:
A. Adherence to the requirements, including provisions of all requested information and adequacy of responses; scaled 1-15 with 1 being missing elements and 15 being expertise demonstrated across all plan elements
B. Discussion of major issues identified on the project and how the consultant team plans to address them; the management approach and organization necessary to complete the specific report; and outline quality control measures to ensure delivery of a quality product on time and within budget; scaled 1-35 with 1 being proposal lacks cohesiveness and does not reflect RFP scope of services and 35 being demonstrates respondent’s complete and thorough proposal.
C. Information about the company (and all sub-consultants) including background on key personnel (including all sub-consultants) qualifications, abilities, local experience on comparable projects and length of service with the firm, reference information preferably with municipal agencies; scaled 1-50 with 1 being personnel has limited experience with all deliverables and 50 being team has multiple personnel with experience across multiple deliverables.
15 The City retains full discretion in determining the applicability and weight of the criteria listed above and is not required to select the lowest cost proposal. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from Proposers, or to allow corrections of error or omissions.
SELECTION OF QUALIFIED PROPOSALS
The City will review the proposals submitted by all proposers. Based on the evaluation criteria, the City will determine which proposal is most advantageous for the award of the contract.
The City may at any time investigate a Proposer’s ability to perform work. The City may ask for additional information about a company and its work on previous contracts.
Proposers may choose not to submit such information in response to the City’s request.
However, if failure to submit such information does not clarify the City’s questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal. The City would typically be interested in previous experience in performing similar or comparable work, staffing and personnel turnover, financial statement of resources for current and past periods and other relevant information.
Please be aware that the City may use sources of information not supplied by the Proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City.
ORAL PRESENTATIONS OF PROPOSAL SUBMISSION
After selection of best qualified proposers, the Evaluation Committee may determine that oral presentations are required before making a final decision. The City will invite the proposers with the highest evaluation scores to make such presentations.
Discussions will be on an individual basis and closed to third parties and other Proposers.
During the presentation, the City and the Proposer will review in detail all aspects of the City’s requirements and the proposal. During these reviews, the Proposer may offer revisions and the City may accept the revisions in the proposal. Similarly, the City may ask for revisions, and the Proposer may accept.
If it is necessary to conduct interviews, the City will choose the number of proposers to be interviewed and schedule them accordingly.
16 AWARD
The award may be awarded to the most advantageous proposal based on the evaluation criteria. Alternatively, the top scoring proposals may require the candidate to submit final and best offers.
VIII. PROPOSAL SUBMITTAL
Three (3) hard copies of the proposal and an electronic copy (flash drive) shall be presented in an envelope or package. Hard copies should be bound and include the name of the Proposer and the title “Request for Proposal – Professional Security Guard Services” The envelope of package shall bear the name, address, and telephone number of the individual or entity submitting the proposal and shall be addressed as follows:
Office of the City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Proposals can be hand delivered or mailed to the address listed above. Proposals will not be accepted by fax or e-mail.
The proposal shall be delivered to the above address on or before 3:00 P.M. on September 19, 2024.
X. STAFF CONTACT
For inquiries, please contact John Peraza at (323) 773-5143 or email at [email protected].
Issued by:
CITY OF CUDAHY
City Manager’s Office
____________________________
John Peraza
Assistant to the City Manager
APPENDIX A
SAMPLE CONTRACT
PROFESSIONAL SERVICES AGREEMENT
(CONSULTANT NAME – DESCRIPTION OF ENGAGEMENT)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ___________day of _________________ 20______ (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and CONSULTANT NAME, a CORPORATION TYPE (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.
WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services:__________________________; and
WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and
WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”
1.2 TERM: This Agreement shall have a term of TERM PERIOD commencing from EFFECTIVE DATE, unless CITY issues written notice of its intent not to authorize an additional extension term(s). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is [_____THIS LANGUAGE MAY VARY DEPENDING ON THE LOCATION OF ANY APPLICABLE COMPENSATION SCHEDULE – SOME SCHEDULES
ARE EMBEDDED IN THE SCOPE OF SERVICES WHILE OTHERS CAN BE
FOUND IN A SEPARATE STAND-ALONE SCHEDULE WHICH SHOULD BE ATTACHED AS AN EXHIBIT TO THE AGREEMENT______] (hereinafter, the “Approved Rate Schedule”).
B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of NOT-TO-EXCEED SUM (hereinafter, the “Not-toExceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the Superintendent and the Director of Fiscal Services. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Reserved; No text.
1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement.
CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be
compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the CITY REPRESENTATIVE TITLE (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The Superintendent shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates CONSULTANT REPRESENTATIVE NAME AND TITLE to act as its
representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of
Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion.
The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of
any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.
CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital
status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss,
claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide.
As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polices of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that its shall
furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance
of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable
cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period.
The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced
efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its
employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to
CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports,
analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically.
This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconslutants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.
CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
CONSULTANT NAME
ADDRESS
Attn:
Phone:
Fax:
Email:
City of Cudahy
Office of the City Manager
5220 Santa Ana Street
Cudahy, CA 90201
Attn: Assistant to the City Manager
Phone: (323) 773-5143
Fax: (323) 771-2072
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.