55 Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
D. Professional Liability – NOT APPLICABLE
(ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that Contractor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2) or 3) will continue for a period of five (5) years beyond the termination of this Agreement.
E. General Insurance Provisions- All Lines:
a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b) The Contractor’s insurance carrier(s) must declare its insurance deductibles or selfinsured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification Item Number: 10.
56 of deductibles or self insured retention’s unacceptable to the County, and at the election of the Country’s Risk Manager, Contractor’s carriers shall either; 1) reduce or eliminate such deductibles or self-insured retention’s as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c) Contractor shall cause Contractor’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect.
Contractor shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. d) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County’s insurance and/or deductibles and/or self-insured retention’s or selfinsured programs shall not be construed as contributory. e) The County’s Reserved Rights--Insurance. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work (such as the use of aircraft or watercraft) the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate. f) Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
g) The insurance requirements contained in this agreement may be met with a program(s) of self-insurance acceptable to the County
Item Number: 10.
57 EXHIBIT B-1
HUD-4010
U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
Item Number: 10.
58 B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
D.In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker, or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
Item Number: 10.
59 If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR
5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise Item Number: 10.
60 working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii.Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website.
It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or Item Number: 10.
61 other entity, as the case may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.
F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iv. Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further Item Number: 10.
62 payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any Item Number: 10.
63 apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed. ii. Equal employment opportunity The use of apprentices and journey workers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
Item Number: 10.
64 i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were Item Number: 10.
65 withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate; D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts.The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
Item Number: 10.
66 D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.
F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
Item Number: 10.
67 FEDERAL PREVAILING WAGE DECISION
(CA ___________________________________________________ mod._________ ) Insert most recent, (10 days prior to bid opening) wage decision at this point.
LABOR STANDARDS REQUIREMENTS - PRECONSTRUCTION PHASE. A construction project covered by Federal Labor Standards Provisions (HUD-4010) requires a series of specific actions prior to the actual start of construction. Those actions are:
a. obtaining an applicable Davis-Bacon wage determination for the project; b. including that wage determination (and any modifications) in the bid documents where there is competitive bidding or in invitations for proposals; and c. including appropriate labor standards provisions and the wage determination in the construction contract.
CONSTRUCTION WAGE DETERMINATION - DEFINITION. All construction bid documents and contracts, or analogous instruments covered by the Federal Labor Standards Provisions (HUD-4010) must contain a current and applicable wage determination issued by the Department of Labor. The term “wage determination” includes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of the original decision.
Reference: Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community Development Programs'; paragraph 2-1, section 1 paragraph 1-1.
OBTAINING WAGE DETERMINATIONS
The Riverside County Department of Housing & Workforce Solutions (HWS) will be responsible to obtain and provide the appropriate Federal wage determination from the U.S. Department of Labor (DOL) for this project. The appropriate wage determination will be the most current determination, applicable for Riverside County and the construction type, that is effective ten (10) days before the opening of bids. Wage determinations shall be effective (locked-in) on the date that bids are opened provided that the contract is awarded within 90 days after bid opening. If the contract is awarded more than 90 days after bid opening, the wage determination shall be updated as of the date of award. If construction starts more than 90 days after contract award, the wage determination shall be updated as of the construction start date.
EXHIBIT B-2
Item Number: 10.
68 Item Number: 10.
69 Applicable Federal Worker Classifications
Operator – ENGI0012 07/01/2023
Cement Mason/Concrete Finisher – PLAS0500-002 07/01/2023 Truck Driver – TEAM0011-002 07/01/2024
Applicable State Worker Classifications
Item Number: 10.
70 Item Number: 10.
71 PROJECT SIGN
(For Community Development Block Grant Funded Projects) Required for all Projects $25,000 or over
(4’ X 8’)
[Contact HWS for City CDBG Funded Project]
(Enter Project Name)
$000,000.00
City of XXXXXXX
(Mayor) (City Manager)
(NAME) (NAME)
CONTRACTOR ENGINEER/ARCHITECT
COUNTY OF RIVERSIDE
DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS
SUPERVISOR (Enter First and Last Name)
(Enter District #1-5) DISTRICT
FUNDED BY: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
EQUAL OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER
EXECUTIVE ORDER 11246 AND SECTION 3 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968, AS AMENDED
Figure 1Change to your
City's Logo
EXHIBIT B-3
Item Number: 10.
72 Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). Contractor, sub-contractors, Consultants, and subconsultants agree to comply with, and are subject to, all applicable requirements as follows:
O. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, general identity or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex sexual orientation, general identity or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, sexual orientation, general identity or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C.A. Section 3145): All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
3. Davis-Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. A. Section 3141-3148) and as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under the Davis Bacon Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the U.S. Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.CA.. 32701 through 3708): Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A. 32701–3708), as supplemented by Department of Labor Regulations (29 CFR Part 5). Under Section 40 U.S.C.A. 3702, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. 40 U.S.C.A. 3704of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are Item Number: 10.
73 unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.404-3, Federal Acquisition Regulations (FAR).
7. Air Pollution Prevention and Control (formally known as the Clean Air Act) (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section 1251 et seq.), as amended:— Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.A. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 U.S.C.A. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
9. Debarment and Suspension (Executive Orders (E.O. s) 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 2424. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
10. Drug-Free Workplace Requirements— The Anti-Drug Abuse Act of 1988 (41 U.S.C.A. Section 8101- 8103)requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 2425.
11. Access to Records and Records Retention: The Consultant or Contractor, and any subconsultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions.
The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, Item Number: 10.
74 notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, Dec. 22, 1975; 42 U.S.C.A. Section 6201, et. seq., 89 Stat. 871).
14. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with 42 U.S.C. Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A. Section 6901, et seq.), as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
15. Build America, Buy America (BABA) Act: The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, If applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
16. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors of domestic and dating violence, sexual assault and stalking (‘domestic violence”). VAWA 2022 reauthorizes, amends, and strengthens the VAWA of 1994, as amended (Pub. L. 103-322, tit. IV, sec. 40001-40703; 34 U.S.C. 12291 et seq.) HUD’s implementing regulations for VAWA’S protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related provisions in HUD’s program regulations (HUD’s VAWA regulations). VAWA 2022 amendments took effect on October 1, 2022 and 2022 VAWA’s reauthorization includes new implementation requirements. Grantees, subrecipients and developers shall ensure compliance with all requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency transfer plan allowing domestic violence survivor to move to another safe and available unit; (c) Provide protections against denial, terminations, and evictions that directly result from being a victim of domestic violence; (d) Implement a low barrier certification process and allow self-certification of domestic violence.
The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct.
Item Number: 10.
75 CERTIFICATION OF BIDDER
REGARDING NONSEGREGATED FACILITIES
Project Name:_________________________________
Name of Bidder:_______________________________
The above named Bidder hereby certifies that:
I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other 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, color, religion, national origin, or because of habits, local customs, or otherwise.
I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000.
Signature: _________________________________
Name (Print): ______________________________
Title: _____________________________________
Date: _____________________________________
EXHIBIT B-4
Required Bid
Form
Item Number: 10.
76 COUNTY OF RIVERSIDE
AFFIRMATIVE ACTION PROGRAM
ECONOMIC OPPORTUNITIES FOR SECTION 3 RESIDENTS
AND
SECTION 3 BUSINESS CONCERNS
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD Assistance for housing.
EXHIBIT B-5
Item Number: 10.
77 AFFIRMATIVE ACTION POLICY STATEMENT
The County of Riverside, as the Community Development Block Grant Administrator, shall take Affirmative Action to insure to the greatest extent feasible that:
1. Contracts for work (involving both construction and non-construction projects) funded from Community Development moneys be awarded to business located in and/or owned in substantial part by persons residing within the Section 3 covered project area.
2. Lower income residents of said project area are to be provided, to the greatest extent feasible, employment and training opportunities emanating from such contracts.
It will be established policy to:
1. Enlist the support of community agencies, schools and unions in the recruitment, hiring and training of low income persons residing within Section 3 project areas.
2. Insure that project area business are afforded a maximum feasible opportunity to bid on contracts.
3. Insure that contractors understand and comply with their obligations under the Act (24 CFR Part 75).
4. Provide a system to periodically monitor and evaluate the effectiveness with which the plan is being carried out.
To insure that we continue to meet our obligations and commitments we have developed a Section 3 Affirmative Action Program. All contractors and sub-contractors are expected to demonstrate a spirit of support and cooperation in the implementation of this program.
The Executive Director of the Community Development Agency will be responsible for the implementation, administration, and monitoring of our policy and program.
Date: February 8, 1988
Supervisor Walt P. Abraham Chairman, Board of Supervisors Item Number: 10.
78 I I
DEFINITION OF TERMS
1. Business concerns located within the Section 3 covered project area: Means those individuals or firms located within the relevant Section 3 covered project area as determined, pursuant to 24 CFR 135.5.
2. Business concerns owned in substantial part by persons residing in the Section 3 covered project area: Means those business concerns which are fifty-one (51) percent or more owned by persons residing within the relevant Section 3 covered project as determined pursuant to 24 CFR 135.5.
3. Contracting party: Means any entity which contracts with a contractor for the performance of work in connection with a Section 3 covered project.
4. Contractor: Means any entity which performs work in connection with a Section covered project.
5. Lower income resident of the area: A person residing in the Community Development Block Grant project area of the County of Riverside whose annual family income does not exceed eighty (80) percent of the median income. (Calculations are to be based on the median income level as reported by HUD).
6. Project area: In most cases the project area will be bounded by the County limits (or participants' City limits as applicable). However, priority shall be given to persons living within the County's Impact Areas.
III
SPECIFIC AFFIRMATIVE ACTION STEPS
In order to comply with Section 3 regulations affirmative action must be taken. This affirmative action will be at least as extensive and specific as the following:
• Each contractor and sub-contractor shall incorporate in all contracts for work in connection with a Section 3 covered project the following Section 3 Clause:
• Every applicant, recipient, contracting party, contractor, and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with Section 3 covered project, the following clause (referred to as a Section 3 Clause):
The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development, and is subject to the requirements of Section 3 of Item Number: 10.
79 the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 570, and all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
The contractor will send to each labor organization, or representative or workers, with which he has collective bargaining agreement or other contract, or understanding, if any, a notice advising the said labor organization or workers; representative of his commitments under this Section 3 Clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment or training.
The contractor will include this Section 3 Clause in every sub-tier contract for work in connection with the project and will, at the direction of the applicant for, or recipient of, the Federal financial assistance, take appropriate action pursuant to the sub-tier contract upon finding that the subcontractor is in violation of the regulations issued by the Secretary of Housing, and Urban Development, 24 CFR 570. The contractor will not enter into any sub-tier contract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 570 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 570, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.
All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Action Plan. The Plan should include the following:
1. A preliminary statement of workforce needs (skilled, semi-skilled, unskilled labor and trainees by category).
2. Goals (in percentage) relative to utilization of lower income persons in project area.
Item Number: 10.
80 3. Goals relative to the project dollar amount of subcontractors to be awarded to project area business.
IV
DISSEMINATION OF SECTION 3 PROGRAM POLICY
In order that all contractors of the County of Riverside have a full understanding of the County's position regarding this Section 3 Affirmative Action Plan the following procedures will be initialed:
1. All advertisements and invitations to bid will include the County's Section 3 Affirmative Action Plan requirements.
2. All Community Development Block Grant contracts will include the County's Section 3 Affirmative Action Plan.
3. The Section 3 Grievance Procedure and signs shall be placed at construction sites identifying the project as a Section 3 covered project.
V
PROGRAM EVALUATION
Pursuant to Section 3 requirements (24 CFR 135.72,) the County of Riverside, as Block Grant Administrator, shall assist and actively cooperate with the Department of Housing and Urban Development in insuring the compliance of our contractors and subcontractors.
All contractors shall:
1. Maintain a list of all lower income area residents who have applied whether on their own or on referral from any source.
2. Set forth evidence, acceptable to the Executive Director or the Community Development Agency that its actions were not an attempt to circumvent program requirements, if vacant apprentice or trainee positions in its organization are filled immediately prior to undertaking work pursuant to a Section 3 covered project.
VI
COMPLAINT PROCEDURE
Who may file a complaint?
Item Number: 10.
81 The following individuals and business concerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleging noncompliance with section 3:
1. Any Section 3 resident on behalf of himself or herself, or as a representative of persons similarly situated, seeking employment, training or other economic opportunities generated from the expenditure of Section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more Section 3 residents;
2. Any Section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of Section 3 covered assistance from a recipient or contractor, or by an individual representative of Section 3 business concerns.
Where to file a complaint?
A complaint must be filed with the:
Assistant Secretary for Fair Housing and Equal Opportunity Department of Housing and Urban Development
Washington, DC, 20410.
Questions regarding Section 3 compliance, procedures for filing a complaint, or the County of Riverside’s Affirmative Action Program, should be addressed to:
Department of Housing & Workforce Solutions
CDBG Program Administrator - Section 3 Program
3403 10th Street, Suite 300
Riverside, CA 92501
(951) 955-5933
Item Number: 10.
82 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE
(Housing and Community Development Act of 1968)
Project Title: Amount of Bid:
The undersigned hereby certifies that he/she has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 1968, and further certifies adoption of, and adherence to, said program, and certifies understanding of the following for all construction contracts over $200,000.
I. Employment Opportunities
I understand and agree that in the event that I am awarded this contract, and in the event that any new employment opportunities are created as a result of this CDBG-funded project, I will:
a. Contact the U.S. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 persons, within Riverside County, to be considered for available employment opportunities; and HUD Section 3 Opportunity Portal at: https://hudapps.hud.gov/OpportunityPortal/ ________ Initial Here
b. Forward to the Department of Housing & Workforce Solutions all detailed job descriptions for new employment opportunities and Section 3 reports, in a form, at a place, and at a time as directed by the Department of Housing & Workforce Solutions. ________ Initial Here
c. Present a list, of the number of total labor hours, Section 3 worker labor hours, and Targeted Section 3 worker labor hours expected to be generated from the initial contract and a list of projected number of available positions, to include job descriptions and wage rates.
________ Initial Here
d. Notify Section 3 Coordinator of contractor interests regarding employment of Section 3 workers prior to hiring.
________ Initial Here
e. Submit a list of core employees (including administrative, clerical, planning, and other positions pertinent to the construction trades) at the time of contact award. ________ Initial Here
f. Post available positions and advertise job Section 3 workers openings at:
www.rivcojobs.org
________ Initial Here
g. Sign the Section 3 Plan.
________ Initial Here
EXHIBIT B-6
Required Bid Form for bids
$200,000 or more
Item Number: 10.
83
Complete your proposed workforce plan for this project below:
JOB CATEGORY
CURRENT
POSITIONS
NUMBER OF
NEW HIRES
IF
AWARDED
BID
NUMBER OF NEW HIRES
PROPOSED TO BE
SECTION 3 RESIDENTS
% OF NEW HIRES TO BE
SECTION 3
PROFESSIONALS
TECHNICIANS
OFFICE/CLERICAL
CONSTRUCTION BY
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
APPRENTICE
TRAINING
OTHER
TOTAL
Item Number: 10.
84 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE
II. Subcontracting Opportunities
a. I understand and agree that for any and all subcontracting opportunities that may result from this CDBG-funded project, I will contact the U.S. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 Businesses, within Riverside County, to be considered for available subcontracting opportunities prior to selecting any subcontractor for my bid submittal.
________ Initial Here
b. I understand and agree that any and all sub-contracts and sub-tier agreements resulting from this CDBG-funded project are also subject to Section 3 compliance, and therefore, as the General/Prime Contractor, I am responsible to ensure compliance from all subcontractors.
________ Initial Here
c. Contact the U.S. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 persons, within Riverside County, to be considered for available employment opportunities; and HUD Section 3 Opportunity Portal at: https://hudapps.hud.gov/OpportunityPortal/ ________ Initial Here
d. Forward to the Department of Housing & Workforce Solutions all detailed job descriptions for new employment opportunities and Section 3 reports, in a form, at a place, and at a time as directed by the Department of Housing & Workforce Solutions. ________ Initial Here
e. Present a list, of the number of total labor hours, Section 3 worker labor hours, and Targeted Section 3 worker labor hours expected to be generated from the initial contract and a list of projected number of available positions, to include job descriptions and wage rates.
________ Initial Here
Notify Section 3 Coordinator of contractor interests regarding employment of Section 3 workers prior to hiring.
________ Initial Here
f. Submit a list of core employees (including administrative, clerical, planning, and other positions pertinent to the construction trades) at the time of contact award. ________ Initial Here
g. Post available positions and advertise job Section 3 workers openings at:
www.rivcojobs.org
________ Initial Here
EXHIBIT B-6
Item Number: 10.
85
Complete your Subcontracting Plan for this project below:
TRADE
AMOUNT OF
SUBCONTRACT($)
IS THE SUBCONTRACTOR
SECTION 3 ELIGIBLE?
YES OR NO
IF SUBCONTRACTOR IS SECTION 3, INDICATE
ELIGIBLE STATUS.
51% OWNER / 30% EMPLOYEE
* Add additional sheets if necessary
Bidder (Company) Name: _________________________________________________ Authorized Representative (Type Name): _____________________________________ Signature: _____________________________________________________________ Date: ______________________________
Item Number: 10.
86 COUNTY OF RIVERSIDE’S
DEPARTMENT OF HOUSING AND WORKFORCE SOLUTIONS
SECTION 3 PROGRAM
OVERVIEW AND REQUIREMENTS
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing or residents of the community in which Federal assistance is spent.
APPLICABILITY
• Recipients and sub-recipients of Section 3 covered assistance, including contractors and subcontractors that perform work on Section 3 covered contracts/projects, are required to comply with Section 3 requirements.
• Section 3 requirements do not apply to contractors who furnish only materials or supplies and do not undertake the installation of the materials or supplies.
SECTION 3 GOALS
Contracts over $200,000 trigger Section 3. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and business concerns to meet these safe harbor benchmarks:
1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and
2.Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers.
Contractors and subcontractors must make their best efforts to provide employment and training opportunities to Section 3 Workers and document such efforts to realize the Section 3 benchmarks.
Contractors and subcontractors will be considered to have complied with Section 3, if they meet or exceed the Section 3 benchmarks, or certify that they have followed the prioritization of efforts in 24 CFR 75.9 and 24 CFR 75.19.
SECTION 3REQUIREMENTS FORBIDDERS/PROPOSERS
Section 3 Project Implementation Plan
I. Submittal of Section 3 Implementation Plan:
Bidder/Proposer AND its first-tier subcontractors are to submit a completed Section 3 Implementation Plan in bid. A “non-responsive” determination may be made due to non-submittal.
II. Submittal of Supporting Documentation:
Bidder/Proposer AND its first-tier subcontractors whose Utilization Plans indicate no subcontract awards to certified Section 3 Business Concerns will be required to submit, upon request by HWS supporting documentation for review and approval verifying efforts to outreach to and award subcontracts to Section 3 Business Concerns. A “non-responsive” determination shall be made due to a lack of documented outreach to Section 3 Business Concerns by the Bidder/Proposer.
EXHIBIT B-5
Item Number: 10.
87 Bidder/Proposer may be deemed “non-responsive” if Implementation Plan indicates the following: (1) Existing employees do not meet the definition of a Section 3 Worker; and (2) Bidder/Proposer does not agree to make a documented good faith effort to hire Section 3 Workers (when there is a need to hirenew employees).
SECTION 3 REQUIREMENTS FOR AWARDEES
Section 3Contract Language
All Section 3 covered contracts and subcontracts shall include the following language:
I. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.
III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.
V. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.
VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians Item Number: 10.
88 and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
Section 3 Quarterly Labor Hours Report
Contractors and subcontractors are to make good faith assessments of employees’ labor hours on Section 3 covered contracts/projects forthe following:
• Total labor hours worked by all employees (excludes the total labor hours from professional services) • Total labor hours worked by Section 3 Workers
• Total labor hours worked by Targeted Section 3 Workers Contractors and subcontractors are to report their good faith assessments of labor hours on the Section 3 Quarterly Labor Hours Report. Exception: Contractors and subcontractors whose contracts are subject to prevailing wage laws are to submit their weekly certified payroll reports, instead of the Section 3 Quarterly Labor Hours Report.
ComplianceMonitoring
Section 3 compliance monitoring will be performed by HWS Section 3/EOC Unit. Contractors and subcontractors who submitted approvedUtilizationPlans shall maintain their approved percentages of Section 3 participation throughout the term of the contract/project. Contractors and/or subcontractors whose Utilization Plans projected no new hires must, to the greatest extent feasible, hire certified Section 3 Workers or Targeted Section 3 Workers, when the need to hire occurs.
FREQUENCY OF MONITORING
ContractDescription Contract
Award/
Negotiation
Monthly Quarterly Completion
Construction and Maintenance (subject to prevailing
wage)
X X X
Non-Construction ( <3 months’ performance ) X X
Non-Construction ( >3 months’ performance ) X X X
Noncompliance with HUD’s regulations in 24CFR75 may result in sanctions, termination of contract for default, and debarment or suspension from future HUD-assisted contracts.
Item Number: 10.
Section 3 Project Implementation Plan
89 General Submittal Instructions:
Bidder/Proposer AND its first-tier subcontractors are to submit a completed Section 3 Implementation Plan(s) in bid. If not, A “non-responsive” determination may be made due to non-submittal.
Project Information:
Project Name: Bid/Solicitation #:
Contractor Subcontractor Information
Company Name: Address:
Authorized Representative: Title:
Phone: Email:
Proposed Dollar Value of Contract or Subcontract:
List if ELBE, DBE, DVBE, MBE, SB, SLBE or WBE (or “N/A” if non-applicable):
Section 3 Requirements
Employment and Training
To the greatest extent feasible, employment and training opportunities arising in connection with Section 3 projects shall be provided to Section 3 workers within the County of Riverside. Where feasible, priority for employment and training will be given to:
1. Section 3 workers residing within the service area or neighborhood of the project, and
2. Participants in YouthBuild programs.
Contracting
To the greatest extent feasible, work contracts awarded in connection with Section 3 projects shall be provided to business concerns that provide economic opportunities to Section 3 workers residing within the County of Riverside. Where feasible, priority for contracting opportunities will be given to:
1. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and
2. YouthBuild programs.
Compliance Benchmarks
To demonstrate compliance with Section 3, contractors are required to follow the prioritization of effort
outlined above and meet or exceed the following safe harbor benchmarks:
1. 25 percent or more of the total number of labor hours worked by all workers on the project shall be performed by Section 3 workers, and
2. 5 percent or more of the total number of labor hours worked by all workers on the project shall be performed by Targeted Section 3 workers.
Definitions
EXHIBIT B-6
Required Bid Form
Item Number: 10.
Section 3 Project Implementation Plan
90 • Section 3 worker: Any worker who currently fits or when hired within the past three years fits at least one of the following categories, as documented:
(1) The worker’s income for the previous or annualized calendar year is below the income limit established by HUD (see Income Limits table below). (2) The worker is employed by a Section 3 business concern. (3) The worker is a YouthBuild participant.
• Targeted Section 3 worker: A Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired within the past three years fit at least one of the following categories, as documented:
(i) Living within the service area or the neighborhood of the project; or (ii) A YouthBuild participant.
• Service area or the neighborhood of the project: An area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.
HUD Income Limits
The table below shows the income limits set by HUD that determine eligibility for certain programs, including Section 3. HUD develops income limits based on Area Median Income (AMI) estimates and Fair Market Rent (FMR) area definitions. For more information, please see the HUD Income Limits Documentation System online at www.huduser.gov/portal/datasets/il.html.
Riverside County, CA MSA
Fiscal Year 2023 2022 2021
Low-income
(80% AMI) $52,000 $49,300 44,250
1. Does your business qualify as a Section 3 business concern? YES NO
If you answered YES, complete the attached Section 3 Business Concern Form (Pg. 6), and submit with this Plan.
A Section 3 business concern is a business that satisfies at least one of the following criteria, as documented within the last six-month period:
a. The business is at least 51% owned and controlled by low- or very low-income persons; b. The business is at least 51% owned and controlled by residents who currently live in public housing or Section 8-assisted housing; or
c. Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers – i.e., workers who currently are, or when hired within the past three years were:
(i) low-income persons or
(ii) YouthBuild participants.
EXHIBIT B-6
(Continued)
Required Bid Form
Item Number: 10.
Section 3 Project Implementation Plan
91 2. Do you have current employees whose annual income is below the income limit? See HUD Income Limits table.
YES NO
If “YES,” prior to contract execution, the names of qualifying employees shall be provided to HWS.
3. Do you plan to hire new employees to perform on or support the contract, if awarded the contract? YES NO
If “YES,” at a minimum, you must contact the HWS Section 3 Unit at [email protected] to obtain examples of qualitative efforts to create employment.
4. Do you agree that when there is a need to hire new employees, a documented good faith effort shall be made to hire Section 3 Workers? YES NO
Implementation Plans that indicate a “No” response for question #4 may be deemed “non‐responsive.”
5. How many workers are needed to complete the project? Please list the job classifications and number of workers your company will need to complete the contract work. Attach additional sheets if necessary.
EXHIBIT B-6
(Continued)
Required Bid Form
Item Number: 10.
Section 3 Project Implementation Plan
92 Job classification
(Office/Clerical, Manager,
Engineer, Technician,
Supervisor/Foreman, Electrician,
Plumber, Laborer, Trainee,
Security, etc.)
Total
estimated
number of
workers
needed
Number of
workers in
current
workforce
Estimated
number of
additional
workers needed
8. Will you be using subcontractors on this project? YES NO If “Yes”, Bidder/Proposer is required, to the greatest extent feasible, to outreach to and award subcontracts to Section 3 Business Concerns. AT A MINIMUM, YOU MUST, CONTACT THE HWS SECTION 3/EOC UNIT AT [email protected] OR GO TO
https://rivcoeda.org/Departments /Housing/ Community-DevelopmentBlockGrant/CommunityDevelopment /Section-3-Program TO OBTAIN “Examples of Efforts to Create Employment and Contracting Opportunities.”
Section 3 Business Concerns must complete the Section 3 Business Concern Form and must be certified by HWS. For ELBE, SLBE, SB, DBE, MBE, WBE or DVBE firms, please attach a copy EXHIBIT B-6
(Continued)
Required Bid Form
Item Number: 10.
Section 3 Project Implementation Plan
93 of their certification(s). List ALL proposed subcontractors (including subconsultants) for this project on the table below.
Business name Scope of work (trade or
service description)
Section 3
business?
Yes / No
Estimated contract
value
$
$
$
$
$
$
$
$
$
$
$
$
$
4. Do you commit to engage in good faith efforts to meet or exceed the Section 3 Benchmarks?
YES NO
Such qualitative efforts may include, but are not limited to:
• Applicant Outreach –
▪ Engage in outreach efforts to generate job applicants who are Targeted Section 3 workers, including posting job openings at the job site, HUD Opportunity Portal, social media pages, and other platforms.
▪ Clearly indicate Section 3 eligibility on all job postings, notifications, and advertisements with the following statement: “This is a Section 3 eligible job opportunity. We encourage applications from individuals that are low-income, live in public housing, and/or receive a Section 8 voucher.”
▪ Include the Section 3 Worker Self-Certification form in all job postings.
EXHIBIT B-6
(Continued)
Required Bid Form
Item Number: 10.
Section 3 Project Implementation Plan
94 • One-Stop / YouthBuild Outreach – Engage in outreach or referrals with local YouthBuild programs, or other community organizations to assist with training and recruiting Section 3 and Targeted Section 3 workers.
• Training and Apprenticeship – Provide training or apprenticeship opportunities. • Job Fairs – Hold one or more job fairs or sponsor a job informational meeting in the project area.
• Business Concern Outreach –
▪ Engage in outreach efforts to identify and secure bids from Section 3 businesses by advertising notices of contracting opportunities and related information in local community papers.
▪ Provide written notice to all known Section 3 business concerns, with sufficient time for interested businesses to respond to bid invitations.
▪ Send notice of contracting opportunities to local community development organizations, business development organizations, or minority contracting associations.
▪ State clearly in all notices that the contracting opportunity is Section 3 eligible and include a copy of the Section 3 Business Concern Certification form. • Competition Assistance – Provide technical assistance to help Section 3 business concerns understand and bid on contracts.
• Contract Sizing – Size, split, or divide contracts into smaller jobs to facilitate participation by Section 3 business concerns, particularly where economies of scale or efficiency of delivery are not factors. [2 CFR 200.321(b)(3)]
• Bidder Viability Support – Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
• Business Registries – Promote the use of business registries designed to create opportunities for disadvantaged and small businesses.
Additional activities and efforts aimed at increasing economic opportunities for Section 3 workers and
businesses may include, but are not limited to:
• Employment Assistance – Provide technical assistance to help Section 3 workers compete for jobs, or connect them with assistance in seeking employment, including resume assistance, interview preparation, coaching, or job placement services. • Work Readiness and Retention – Provide or refer Section 3 workers to services supporting work readiness and retention, such as interview clothing, licensing or testing fees, transportation, or childcare.
• Financial Literacy – Help Section 3 workers obtain financial literacy training or coaching. • Education Assistance – Assist Section 3 workers to apply for or attend community college, four-year educational institution, or vocational/technical training.
5. Do you commit to prioritize your efforts in hiring, training, and contracting as required by the Section 3 regulations and outlined on page 1 of this Plan? YES NO
Item Number: 10.
95 SECTION 3 BUSINESS CONCERN FORM
Please complete this form to determine if your business may qualify as a Section 3 Business. Businesses that qualify will be contacted by HWS Section 3 Coordinator to complete a Section 3 Business Application and asked to provide additional documentation to verify their status as a Section 3 Business.
What is Section 3?
Section 3 is a provision of the Housing and Urban Development Act of 1968 (24 CFR Part 75) that requires recipients of certain HUD financial assistance, to the greatest extent possible, to provide job training, employment, and contract opportunities for low- or very low-income residents in connection with projects and activities in their neighborhood.
A business can qualify as Section 3 if it meets one of the following criteria:
A. It is at least 51% owned and controlled by low- or very low-income persons; B. Over 75% of the labor hours performed for the business over the past three-month period were performed by workers who met at least one of the criteria below; or C. It is at least 51% owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
Workers must meet one of the following criteria for a business to qualify as Section 3 under item B above:
• Reside within one mile of the Section 3 project (or, if fewer than 5,000 people live within one mile of the Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census); • Be a HUD YouthBuild participant; or
• Income for the previous or annualized calendar year is below 80% of the current area median income for the area in which the worker resides. (Use the worker’s annual gross income based on AMI for a single-person household.) HUD income limits can be found at https://www.huduser.gov/portal/datasets/il.html.)
I have reviewed the above information and my business MAY QUALIFY as a Section 3 Business.
Please contact me about completing an application and certification.
Signature of Business Owner Date
Company Name:
Contact Person:
Address:
City: State: Zip:
Phone: Email:
Item Number: 10.
96 Certification for Section 3 Compliance
(Required for Bidder and all Subcontractors)
Project Information:
Project Name: Bid/Solicitation #:
Contractor/Subcontractor Information:
Company Name: Address:
Authorized Representative: Title:
Phone: Email:
I. By completing and signing this form, I agree to comply with all applicable requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 75) and HWS’ Section 3 requirements.
INITIAL HERE
II. I understand that “to the greatest extent feasible,” work contracts awarded in connection with Section 3 projects shall be provided to business concerns that provide economic opportunities to Section 3 workers following the prioritization efforts outlined in Section 3 regulation.
INITIAL HERE
III. I understand that in the event any new employment opportunities are created as a result of this CDBG-funded project then “to the greatest extent feasible” employment and training opportunities shall be provided to Section 3 workers following the prioritization efforts outlined in Section 3 regulation.
INITIAL HERE
IV. I understand the safe harbor benchmarks for Section 3 compliance and that if these benchmarks are not met the contractor will be required to report on the qualitative efforts made to meet the benchmarks.
INITIAL HERE
V. I understand that I will be required to make good faith assessments of employee labor hours on Section 3 covered projects and submit quarterly and final Section 3 reports and supporting documentation.
INITIAL HERE
VI. I understand that any and all sub-contracts and sub-tier agreements resulting from this CDBGfunded project are also subject to Section 3 compliance and that it will be the General/Prime Contractor’s responsibility to ensure compliance from all subcontractors.
INITIAL HERE
VII. I understand that noncompliance with HUD’s regulations in 24 CFR Part 75 may result in sanctions, termination of contract for default, and debarment or suspension from future HUDassisted contracts.
INITIAL HERE
EXHIBIT B-7
Required Bid Form
Item Number: 10.
97 I declare that all statements contained in this form and any accompanying documents are true and correct and made with full knowledge that all statements given are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or revocation of funding or other penalties as prescribedunder 18 U.S. Code § 1001.
Name of President or Authorized Officer Company Name
Signature and Title Date
Item Number: 10.
98 Project Name: _________________________________ Bid/Solicitation #: ____________________ CERTIFICATION:
I hereby certify that I have reviewed and understand the diversified Federal construction contract-related requirements imposed on the Contractor(s) of HUD-funded construction projects, including but not limited to the following:
1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part 570); and
2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010 – revised 10/2023); and
3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and
4. If my bid is $200,000 or more, this project and all related contracts will be subject to Section 3 requirements (12 U.S.C.1701u); and
5. If the project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC 8301).
CONTRACTOR’S NAME:
CONTRACTOR’S LICENSE NO.:
ADDRESS:
AUTHORIZED REPRESENTATIVE: (Print Name)
SIGNATURE:
DATE:
BIDDER CERTIFICATION ON
FEDERAL CONTRACT REQUIREMENTS
EXHIBIT B-8
Required Bid Form
Item Number: 10.
99 QUESTIONNAIRE REGARDING BIDDERS
Bidder has been engaged in the contracting business under the present name of __________________________________________________, since ________________(Date).
Present business address is: _____________________________________________________ Federal Tax ID: ___________________________ Amount of Bid $_____________________ California Contractor's License No.: __________________ Expiration Date:
______________
UEI Number: _____________________________ or CAGE Code: ________________________ Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other __________
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check applicable box concerning the ownership of your business:
Woman/Female owned Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
Section 3 Business concern Non-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.
EXHIBIT B-9
Required Bid Form
Item Number: 10.
100
LIST OF SUBCONTRACTORS
SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO.
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ EXHIBIT B-10
Required Bid Form
SUPPLIERS
Item Number: 10.
101
If the project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE
MUST BE COMPLETED BY ALL SUBCONTRACTORS
(Housing and Community Development Act of 1968)
Project Title:
Subcontractor:
Contractor/Bidder:
The undersigned hereby certifies that he/she has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 1968, and further certifies adoption of, and adherence to, said program, and certifies understanding of the following for all prime construction contracts over $200,000:
a. I understand and agree that in the event that I am awarded a subcontract, and in the event that any new employment opportunities are created as a result of this CDBG-funded project, I will contact the U.S. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 persons, within Riverside County, to be considered for available employment opportunities;
________ Initial Here
b. I will forward to the Department of Housing & Workforce Solutions all detailed job descriptions and Section 3 reports, in a form, at a place, and at a time as directed by the Department of Housing & Workforce Solutions. ________ Initial Here
EXHIBIT B-10
Required Bid Form for
Item Number: 10.
102
Complete your proposed workforce plan for this project below:
JOB CATEGORY CURRENT
POSITIONS
NUMBER OF
NEW HIRES
IF
AWARDED
BID
NUMBER OF NEW HIRES
PROPOSED TO BE
SECTION 3 RESIDENTS
% OF NEW HIRES TO BE
SECTION 3
PROFESSIONALS
TECHNICIANS
OFFICE/CLERICAL
CONSTRUCTION BY
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
APPRENTICE
TRAINING
OTHER
TOTAL
Subcontractor (Company) Name:
____________________________________________
Authorized Representative (Type Name):
_____________________________________
Signature:
______________________________________________________________ Date: ______________________________
Item Number: 10.
103
POST CONTRACT AWARD FORMS
Item Number: 10.
104
PERFORMANCE BOND
Recitals: 1. ______________________________________________________________________________ (Contractor)
has entered into an Agreement dated_____________________ with _______________________________ for construction of public work known as
(Project)
2. ____________________________________________________________________ , a
corporation (Surety), is the Surety under this Bond Agreement:
We, Contractor, as Principal, and Surety, jointly and severally agree, state, and are bound unto Owner, as obligee, as follows:
1. The amount of the obligation of this Bond is 100% of the estimated contract price for the project of $ and insures to the benefit of Owner.
2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in strict conformance with the Contract Documents for the Project, otherwise it remains in full force and effect for the recovery of loss, damage and expense of Owner resulting from failure of Contractor to so act. All of said Contract documents are incorporated herein.
3. This obligation is binding on our successors and assigns.
4. For value received. Surety stipulates and agrees that no change, time extension, prepayment to Contractor, alteration or addition to the terms and requirements of the Contract Document or the work to be performed thereunder shall affect its obligations hereunder and waives notice as to such matters, except the total contract price cannot be increased by more than 10% without approval of Surety.
THIS BOND is executed as of
Date
By By
By Type Name
Title
Contractor
Note: This Bond must be executed by both parties with corporate seal affected. All signatures must be acknowledged. (Attach acknowledgments)
Its Attorney in Fact “Surety”
EXHIBIT PA-1
Item Number: 10.
105
PAYMENT BOND
(Public Work - Civil Code 3247 et seq.)
The makers of this Bond are ______________________________________________________________ as Principal and Original Contractor and_________________________________________________________ , a corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works contract dated _______________________________________ between Principal and ___________________________________________________________________ a public entity, as Owner; for the BOND is one hundred percent (100%) of said sum. Said contract is for public work generally consisting of ______________________________________________________ The beneficiaries of this Bond are as stated in 3248 of Civil Code and the requirements and conditions of this Bond are as is set forth in 3248, 3249, 3250 and 3252 of said Code. Without notice, Surety consents to extension of time for performance, change in requirements, amount of compensation, prepayment under said contract Dated
Original Contractor - Principal
By ______________________________________________
Surety
By ______________________________ Title
(If corporation - affix seal)
(Corporate Seal)
STATE OF CALIFORNIA
COUNTY OF ____________________________ ) SS SURETY'S ACKNOWLEDGMENT On ____________ before me personally appeared _____________________________________________ known to me to be the person whose name is subscribed to the within the instrument as attorney in fact of_________________________________________________ , a corporation, and acknowledged that he subscribed the name of said corporation thereto, and his own name is its attorney in fact.
Notary Public (Seal)
Riverside County Counsel
Approved Form 1-9-74
EXHIBIT PA-2
Item Number: 10.
106
SUBCONTRACTOR QUESTIONNAIRE
Subcontractor has been engaged in the contracting business under the present name of: _______ __________________________________________________, since ______________ (Date).
Present business address is: ___________________________________________________ Federal Tax ID: ___________________ Amount of Subcontract $__________________ State of California Contractor's License No.: __________________ Expiration Date: _____________
Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other __________
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check the applicable box concerning the ownership of your business:
Woman/Female owned Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or a business concern that over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
Section 3 Business concern Non-Section 3 Business concern EXHIBIT PA-3
Item Number: 10.
107
The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.
Item Number: 10.
108
Project Name:
Amount of
Contract or
Subcontract
Contractor or
Subcontractor
Business
Racial /
Ethnic
(see below)
Type of
Business
1-9
Woman
Owned
Business
(Y or N)
Prime
Contractor
Identification
(ID) Number
Subcontractor
Identification
(ID) Number
Sec. 3
(Y or N) Contact Person Contractor / Subcontractor Name and Address Name Street City
State
HWS Use Only
Project Name: _____________
File #____________________
Note: The information requested is used to compile data required by HUD for Federally funded projects. The information is used by HUD to monitor and evaluate Minority Business Enterprise activities against the total program activity and the designated minority business enterprise (MBE) goals.
Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law.
Racial / Ethnic Codes:
1 = White Americans
2 = Black Americans
3 = Native Americans
4 = Hispanic Americans
5 = Asian / Pacific Americans
6 = Hasidic Jews
Type of Business / Trade
Codes
1 = New Construction
2 = Substantial Rehab
3 = Repair
4 = Repair
5 = Project Management
6 = Professional
7 = Tenant Services
8 = Education Training
9 = Arch / Eng Appraisal
0 = Other
Section 3: Yes / No
A Section 3 Contractor or subcontractor is
a business concern that provides economic
opportunities to low and very low-income
residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 percent or more owned
by low-income residents.
PRINT NAME: ___________________________________
SIGNATURE: ____________________________________
DATE: __________________________________________
DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS
CDBG / ESG / HOME PROGRAMS
Contractor / Sub-Contractor Questionnaire
EXHIBIT PA-3 (Cumulative)
Item Number: 10.
109
CERTIFICATION OF SUBCONTRACTOR
REGARDING NONSEGREGATED FACILITIES
Project Name: ____________________________________________ Name of Subcontractor: _____________________________________________ Name of General Contractor: ___________________________________________ The above-named Subcontractor hereby certifies that:
I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, wash rooms, restaurants, and other eating areas, time clocks, locker rooms or other 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, color, religion, national origin, or because of habits, local customs, or otherwise.
EXHIBIT PA-4
Signature: _________________________________
Name (Print): ______________________________
Title: _____________________________________
Date: _____________________________________
Item Number: 10.
110
SECTION 3
LIST OF PERMANENT EMPLOYEES
This form is required for all Section 3-triggered projects (over $200,000) and must be submitted prior to contract execution and again with the final Section 3 compliance report.
Project Name Today’s Date
Please list all current permanent employees (both full and part-time) employed by your company (or local/regional office), as well as employees of all subcontractors working on this project. Use additional sheets as necessary. A computer-generated employee registry can be provided in lieu of this form if it includes the worker’s name, employer and job category and indicates Section 3/targeted Section 3 status.
No.
Name of Worker
(Identifying by worker name or
worker identification number is
appropriate.)
Employer
(Indicate if the worker is
employed by general/prime
contractor or identify applicable
subcontractor.)
Job
Category/Trade
Section
3 Worker
(Y/N)
Targeted
Section
3 Worker
(Y/N)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 EXHIBIT PA-5
Item Number: 10.
111
Section 3 Worker Employer Certification
Contractors on Section 3 projects must submit this form for each employee reported as a Section 3 worker or Targeted Section 3 worker, as defined in 24 CFR 75.5.
Section 3 Worker Name: Address:
Position/Job Title: Project:
Employer Name: Authorized Representative Name and Title:
Employer Phone #: Employer Email:
Section 3 Eligibility:
1. Does this employee qualify as a Section 3 worker per 24 CFR 75.5? YES NO Section 3 worker means any worker who currently fits, or when hired within the past three years fit, at least one of the following criteria, as documented (check all that apply):
The worker’s income for the previous or annualized calendar year is below the limit established by HUD (see below, or refer to www.huduser.gov/portal/datasets/il.html).
The worker is employed by a Section 3 business concern.
The worker is a YouthBuild participant. /Contact California Family Center: Lenore DeJesus:
E: [email protected] /PH: (951) 765-0917
HUD Income Limits: Riverside County, CA MSA
Fiscal Year 2023 2022 2021
Low-income
(80% AMI) $52,000 $49,300 44,250
2. Does this employee qualify as a Targeted Section 3 worker per 24 CFR 75.21? YES NO A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is (check all that apply):
A worker employed by a Section 3 business concern; or
A worker who currently fits or when hired fit at least one of the following categories, as documented within the past three years:
Living within the service area or neighborhood of the project, as defined in 24 CFR Part 75.5; or A YouthBuild participant. (If checked, attach a copy of the employee’s self-certification.) HWS reserves the right to request additional documentation at any time to verify the information provided on this form.
Certification:
By submitting this form, I hereby certify under penalty of perjury that the information provided above is true and correct, and that I am authorized on behalf of the company to make this certification. I agree to provide documentation verifying the employee’s Section 3 eligibility to HWS if requested.
EXHIBIT PA-5 (Continued)
Item Number: 10.
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Authorized Representative: Title:
Signature: Date:
Item Number: 10.
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DOCUMENTATION OF QUALITATIVE EFFORTS
This form is required for all Section 3-triggered projects (over $200,000) and must be submitted prior to contract execution. Please fill out this form completely. Attach additional pages if needed.
Project Name Today’s Date
1. Describe all efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, to Section 3 workers. Attach additional pages if needed.
Attach supporting documentation such as:
• Copies of all publications, notices, pictures of posted notices, and other outreach materials. • List of all Section 3 workers that responded to your responded to your outreach efforts (e.g., submitted job applications, phone logs, etc.); were any of them hired? If not, please explain why.
2. Describe all efforts made to notify Section 3 businesses of any subcontracting opportunities generated by HUD financial assistance for this project, to the greatest extent feasible. Attach additional pages if needed.
Attach supporting documentation such as:
• List of Section 3 business included in solicitation and documentation of efforts (emails, letters, phone, logs, etc.).
• List of Section 3 businesses that responded to your solicitation and/or outreach efforts; were any ofthem hired? If not, please explain why.
• Copies of all publications, notices, pictures of posted notices, and any other outreach material utilized.
DOCUMENTATION OF QUALITATIVE EFFORTS
EXHIBIT PA-6
EXHIBIT PA-6
(Continued)
Item Number: 10.
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3. Describe all additional qualitative efforts made to comply with Section 3 requirements. See below for examples. Attach all applicable supporting documentation.
4. If there are employment opportunities associated with your project, include a draft of the proposed signage.
Section 3 signage should be posted at the construction site. Signage must be large enough to be visible from the street. The sign must (a) identify the name of the project, (b) state the project is a HUD Section 3 Project, and (c) include the name, phone number and email address of an appropriate point of contact regarding employment opportunities.
Item Number: 10.
115
CDBG PROJECT LABOR CLASSIFICATION
AND WAGE RATE
PROJECT NAME: PROJECT NUMBER:
COMPANY NAME: WAGE DECISION NUMBER/MODIFICATION
NUMBER:
WORK CLASSIFICATION BASIC
HOURLY
RATE (BHR)
FRINGE
BENEFITS
TOTAL
HOURLY
RATE
LABORER
FRINGE BENEFITS: $
BRICKLAYER $
GROUP # BHR TOTAL
WAGE
CARPENTERS $ $
CEMENT MASONS $ $
DRYWALL HANGERS $ $
ELECTRICIANS $ $
IRONWORKERS $ $
PAINTERS $
OPERATORS
FRINGE BENEFITS: $
PLUMBERS
$
GROUP # BHR TOTAL
WAGE
ROOFERS $ $
SHEET METAL WORKERS
$ $
SOFT FLOOR LAYERS $ $
TILE LAYERS $ $
LANDSCAPE/ IRRIGATION
FITTERS $
TRUCK DRIVER
FRINGE BENEFITS $
OTHER CLASSIFICATIONS GROUP # BHR TOTAL
WAGE
$
$
$
ADDITIONAL CLASSIFICATIONS (HUD Form 4230-A) (Must be approved by HUD and DOL)
WORK CLASSIFICATION BASIC
HOURLY
RATE (BHR)
FRINGE
BENEFITS
TOTAL
HOURLY
RATE
DATE OF HUD
SUBMISSION TO
DOL
DATE OF DOL
APPROVAL
EXHIBIT PA-7
Item Number: 10.
116
Item Number: 10.
117
SPECIAL PROVISIONS FOR CITY PROJECT NO. 4002
PART 1
GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
Agency — Add the following to the definition in the Standard Specifications:
The Agency is the City of Desert Hot Springs.
Board — Delete Board and Replace with the following:
City Council — The City Council of the City of Desert Hot Springs.
Engineer — Replace the definition in the Standard Specifications with the following:
The Public Works Director of the City of Desert Hot Springs acting either directly or through authorized agents.
Add the following:
Bid Guaranty — The cash, certified check or Bidders surety bond accompanying the Bid as a guaranty that the Bidder will enter into a Contract with the Board for the performance of the Work.
Caltrans — The State of California Department of Transportation.
Claim — A separate demand by the Contractor for:
a) a time extension,
b) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or
c) an amount, the payment of which is disputed by the Agency.
County — The County of Riverside.
Department — The City of Desert Hot Springs Department of Public Works.
Field Acceptance — The determination by the Engineer that the Work has been Item Number: 10.
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completed.
Project — See Work.
Quality Assurance — Those standards, systems, processes, procedures and activities exercised by the Agency and the Engineer to ensure that the Work is constructed by the Contractor in accordance with the Contract Documents.
Quality Control — Those standards, systems, processes, procedures and activities exercised by the Contractor to ensure that the Work is constructed in accordance with the Contract Documents.
1-3 ABBREVIATIONS
1-3.2 Common Usage. Add the following abbreviations:
Non-standard abbreviations are listed on Sheet C-2 of the Project Plans.
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT. Replace the entire subsection with the following.
2-1.1 General. Award and execution of the Contract shall be as specified in the Special Instructions to Bidders, Notice Inviting Sealed Bid Proposal, and Special Provisions. Upon determination of the lowest responsive and responsible Bidder, the Engineer will recommend to the City Council award of the Contract to that Bidder. Upon award of the Contract by the City Council, the Agency will issue a Notice of Award to the Contractor.
Various documents and instructions for their completion will be mailed to the Contractor prior to issuance of the Notice of Award. The Contractor shall submit the completed documents to the Agency within the time specified.
The Notice to Proceed will be issued per 6-1.2.
2-4 CONTRACT BONDS. Replace the second and third sentences of the first paragraph with the following:
Item Number: 10.
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Bonds shall be duly executed by a solvent surety company; must be authorized to do business and have an agent for service of process in the State of California, be on the accredited list of the United States Department of the Treasury (Treasury Circular 570) (www.fms.treas.gov/c570/); and have an “A” policy holder’s rating and a financial rating of Class V, or better, in accordance with current Best’s Rating. 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. Add the following:
All work under this contract shall conform to the 2024 edition of the Standard Specifications for Public Works Construction, including all supplements, popularly known as the Green Book, and the Standard Plans for Public Works Construction are both written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. These publications are available for purchase at the following addresses of the publisher:
The Standard Specifications for Public Works Construction and the Standard Plans for Public Works Construction are both promulgated by Public Works Standards, Inc. These publications are available for purchase from BNI Building News, Inc.
Bookstore: Building News, Inc. (BNI)
1612 South Clementine Street
Anaheim, California 92802
Tel: (714) 517-0970
On-Line Order: Building News, Inc.: www.bnibooks.com
These publications are copyrighted and the Agency will not provide copies.
The Standard Plans of the Los Angeles County Department of Public Works are available for purchase in the Agency's Cashier's Office located at 900 South Fremont Avenue, Alhambra, California 91803-1331, (626) 458-6959, or for downloading on the internet, www.ladpw.org/des/DesignManuals/StandardPlan.pdf.
The Standard Specifications of State of California Department of Transportation (Caltrans Specifications) may be obtained from:
State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, CA 95815-3800
Item Number: 10.
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Tel: (916) 263-0822
Publication Unit Web Site: http://caltrans-opac.ca.gov/publicat.htm Add the following subsections:
2-5.1.1 Plans. The area of work is shown on the attached plans titled “New City West Parking Lot Improvements Project” City Project NO. 2025-XX, and also Included as part of the Contract Documents are the following which show the location, character, dimensions or details of the Work:
1) Project Plans consist of XX sheets, including:
2) Standard Plans (included by reference only):
a. Standard Plans for Public Works Construction 2009 Edition, promulgated by Public Works Standards, Inc.:
224-2 (Included herein at the end of UI Section of the Special Provisions) b. Standard Plans of the City of Desert Hot Springs are to be used where applicable.
2-5.1.2 Specifications. The Work shall be constructed or done in accordance with these Special Provisions and the following:
The "Standard Specifications for Public Works Construction 2024 Edition," hereinafter referred to as the "Standard Specifications." Standard Specifications shall prevail in all cases except where a Contract Document of a higher order, as defined in the “Interpretation of Plans and Documents, Special Instruction to Bidders”, and Subsection 2-5.2 “Precedence of Contract Documents” provides a different requirement on a given topic or topic aspect. All language in the Standard Specifications that is not in conflict with the language in the prevailing Contract Documents on a given topic or topic aspect shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu that Standard Specification section.
2-5.1.3 Manual.
Item Number: 10.
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2-5.1.3.1 Electrical. Installation of Electrical Conduits; and other Utility Conduits shall be constructed or done in accordance with these specifications and the following:
The Southern California Edison (SCE) Transmission and Distribution Manual of "Underground Structures Standards (USG)” 2017 Second Quarter Issue, April 28, 2017.
Note: Refer to the on-line version of this manual at SCE’s Standards & Publications Web site to ensure information is current. Printed versions and downloaded versions are not updated, and may not contain the most current information and in-force guidance. This document is classified “public per EPPPC Policy 04. 001. 001.
2-5.1.3.2 Domestic and Irrigation Waterline; and Fire Sprinkler Waterline.
Installation of Water Lines shall be constructed or done in accordance with these specifications and the following:
The Mission Springs Water District (MSWD) “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities”.
Note: Refer to the on-line version of this manual at MSWD Web site to ensure information is current. Printed versions and downloaded versions are not updated, and may not contain the most current information and in-force guidance. This document is classified “public per EPPPC Policy 04. 001. 001.
2-5.2 Precedence of Contract Documents. Replace the order of precedence under the first paragraph with the following:
1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders and/or Supplemental Agreements; whichever occurs last. 3) Contract/Agreement.
4) Addenda.
5) Bid/Proposal.
6) Special Provisions.
7) Plans.
Item Number: 10.
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8) Agency Standard Plans.
9) Other Standard Plans.
10) Notice Inviting Bids.
11) Special Instructions to Bidders.
12) Standard Specifications for Public Works Construction. 13) Reference Specifications.
Detail drawings shall take precedence over general drawings. 2-5.3 Submittals.
2-5.3.1 General. Replace the second paragraph with the following:
The Contractor shall allow a minimum of 10 working days for each review, unless otherwise approved by the Engineer. Review periods are not cumulative. The aforementioned time frames begin anew upon each submission of submittals whether it is the initial submission or a resubmission after review by the Agency. Each set of submittals shall be accompanied by a letter of transmittal describing exactly what is being transmitted.
Add the following:
Submittals shall be submitted to:
Mr. Hal Goldenberg
City of Desert Hot Springs Department of Public Works
11999 Palm Drive
Desert Hot Springs, CA 92240
Business hours: 7:00 a.m. - 5:45 p.m. Monday through Thursday Telephone No. (760) 329-6411 Ext. 250
Email: [email protected]
FAX: (760) 288-0639
All submittals shall be submitted prior to issuance of the NTP unless otherwise specified herein or approved by the Engineer.
No work shall begin on the respective items of work which require a submittal until the submittals for those items of work have been approved in writing by the City.
The City will receive, forward and coordinate the review of submittals with their consultants.
2-5.3.4 Supporting Information. Add the following:
Item Number: 10.
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n) Detailed schedule for "IMPLEMENTATION OF BMPs" per 7-8.6.2 and 9-2. 2-6 WORK TO BE DONE. Add the following:
The estimated quantifies of work and materials to be performed, constructed or furnished by the Contractor under this Contract are as shown on the “Schedule of Prices (Bid Proposal Form)” in the “Bidder’s Proposal”. 2-8 RIGHT-OF-WAY. Delete the last sentence and add the following:
The Contractor shall conduct all of its activities and operations within the work area limits as shown on the drawings and provided by the Agency or within the confines of public thoroughfares. The Contractor shall not allow its employees to use private property for any reason or to use water or electricity from such property without written permission from the owner.
If, for any reason, the Contractor elects to encroach upon other lands, it shall first obtain written permission from the owner and provide evidence of such permission in writing to the Engineer prior to entering upon such lands. In performing any work or doing any activity on lands outside of public rights of way, the Contractor shall comply with all applicable Federal, State and local laws, ordinances, and regulations. The Contractor shall indemnify and hold the Agency harmless from all claims or suits for damages occasioned by such work or activity, whether done in compliance with this Subsection and with permission from the owner or in violation of this Subsection without permission from the owner.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers. Add the following after the first paragraph:
The Contractor will perpetuate existing survey monuments and will provide construction stakes in accordance with this subsection. 2-11 INSPECTION. Add the following:
As part of the administration of the Contract and the inspection process, the Agency will perform Quality Assurance compaction testing as required. For unclassified fill, structure backfill, roadway subgrade, base material, trench backfill, and other compacted fills of any nature, the first Quality Assurance compaction test will be Item Number: 10.
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performed at no cost to the Contractor. In the event that additional Quality Assurance compaction tests are required due to the failure of the Contractor to construct to the required density, the sum of $350 for each such additional test will be deducted from any monies due the Contractor.
The Contractor and the Engineer shall confer prior to the start of the Work and review the Contractor's schedule. The Engineer will designate those operations which will require continuous inspection by the Agency. Should the Contractor perform any operations requiring continuous inspection for more than eight hours on any working day, or perform any work on a day other than a working day per 6-7.2, the Agency will deduct from any monies due the Contractor the amount of $100 per hour for each hour or portion thereof that the Contractor performs such work. The Agency reserves the option to waive this stipulation if it is in its best interests.
Unless otherwise directed by the Engineer, the Agency will perform one inspection and one re-inspection of underground conduit and appurtenant structures.
Should subsequent re-inspections be required due to the work not being in conformance with the Plans and Specifications, the Agency will deduct from any monies due the Contractor the amount of $300 per hour for each hour or portion thereof required for the time necessary to perform the second and subsequent reinspections.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK.
3-3.2 Payment.
3-3.2.2. Basis for Establishing Costs.
3-3.2.2.3 Tool and Equipment Rental. Replace the second paragraph with the following:
Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed those listed in the current edition of the "Labor Surcharge and Equipment Rental Rates" of the State of California Department of Transportation (Caltrans) (www.dot.ca.gov/hq/construc/equipmnt.html) at the time the work is performed. Standby rates shall be 50 percent of the hourly rate. Payment for standby shall not exceed 8 hours per day, 40 hours per week and 176 hours per month. If the equipment is not listed, the rate allowed shall be that calculated for a comparable item.
Item Number: 10.
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3-3.2.3 Markup.
3-3.2.3.1 Work by Contractor. Replace the entire paragraph with the following:
The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits on work performed by the Contractor:
1) Labor ................................................................................ 20% 2) Materials........................................................................... 15% 3) Equipment Rental ............................................................. 15% 4) Other Items and Expenditures .......................................... 15% To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
The above markups shall be considered as including, but not be limited to, the Contractor's labor costs for personnel not working directly on the Extra Work, including the cost of any tools and equipment which they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed. 3-3.2.3.2 Work by Subcontractor. Replace the entire paragraph with the following:
When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 3-3.2.3.1 shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor. These markups shall constitute the markup for all overhead and profit for the Contractor on work performed by the Subcontractor.
The above markups shall be considered as including, but not be limited to, the Contractor's labor costs for personnel not working directly on the Extra Work, including the cost of any tools and equipment which they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
Item Number: 10.
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4-1.2 Protection of Work and Materials. Add the following:
The Contractor shall assume all risks and expenses, including the costs of any interferences, delays to its operations and the protection from, or the repair of, damage to improvements being constructed under the Contract, as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground or other sources. However, the Contractor shall be entitled to an extension of time per 6-6. The Contractor shall also assume full responsibility for, and the expense of, protecting or removing and returning to the site of the Work, all equipment or materials under its care endangered by any action of the elements.
The Contractor shall provide the Agency with emergency callback information for the Project. The callback information shall include current names, titles, and telephone/ mobile telephone numbers for both primary and secondary response personnel.
When rain or severe weather is forecast the following procedures shall be implemented:
a) To ensure a timely and proper response, the Contractor shall designate primary and secondary response elements. Response elements shall be trained personnel such as field superintendents or foremen who are properly equipped with communication devices, tools, and equipment, and who have the authority and ability to make critical on-site decisions and commit the Contractor's resources.
b) Contractor response elements and the Engineer will patrol the Project and identify potential hazards or problems on the Project site. Should a potential hazard or problem be identified in the absence of a Contractor response element, the Engineer will notify the Contractor's listed emergency response element to report to the Project site immediately.
c) If notified, the Contractor's emergency response element shall respond immediately, irrespective of the day or time, to the Project site and take necessary corrective actions including emergency and/or temporary repairs. d) If the Contractor fails to respond, the Engineer will arrange for Agency forces to perform the necessary work. The cost to perform this work and related expenses will be deducted from any monies due the Contractor. 4-1.6 Trade Names or Equals. Replace the entire subsection with the following:
Item Number: 10.
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4-1.6 Trade Names or Equals; Material Substitutions.
4-1.6.1 General. Pursuant to the Public Contract Code, Section 3400, the Contractor may supply any of the products or materials specified or offer an equivalent.
Whenever a material, article or piece of equipment is identified on the drawings or specified by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered.
A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material or product it considers to be an equivalent to that specified.
4-1.6.2 Substitution. If the Contractor wishes to request consideration of an "or equal" product, material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to the brand name or catalog number, it shall submit such request in writing to the Agency within 2 working days after the date of the Bid opening. Requests received after that time period will not be considered.
The Contractor shall, at its expense, furnish information supporting the "or equal" product or material offered within 10 working days after the date of the Bid opening.
The Contractor shall have the material tested as required by the Engineer to determine if the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the "or equal" will fulfill the intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results.
The Agency will review the supporting information within 5 working days from the date of submission. The findings of the Agency shall be final.
If the proposed "or equal" product or material is determined to not be equal to the specified product or material, the Contractor shall furnish and install the specified product or material.
If in the opinion of the Engineer, such material, article, or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution Item Number: 10.
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and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate substitute will be made by the Contractor without a change in the Contract Price or Contract time.
Agency-approved "or equal' products or materials shall not be installed nor put into usage without the prior approval of the Engineer.
The Contract time of completion specified in 6-7 shall not be affected by any circumstance arising from the provisions of this subsection.
SECTION 5 - UTILITIES
5-1 LOCATION.
5-1.1 General. Replace the first sentence of the second paragraph with the following:
Pursuant to Government Code Section 4216, et. seq. the Contractor shall notify the appropriate required notification center and obtain inquiry identification number. The notification center for Desert Hot Springs can be reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800-422-4133. USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours’ notice. The above notice shall not be more than 14 Days prior to commencing any excavation required for the Work.
Add the following after the second paragraph:
At least two (2) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which he believes may affect or be affected by his operations. 5-1.2 Payment. Replace the entire subsection with the following:
Item Number: 10.
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5-1.2 Utility Facilities.
The contractor shall notify the following agencies at least 48 hours in advance of excavation around any of their structures or utilities. The utilities which have facilities located within the limits of the Project are as follows and can be contacted via the USA telephone number or the number listed below:
• Frontier (760) 864-1715
• Southern California Edison
(760) 202-4257
• Spectrum
Communications (760) 674-5433
• The Gas Company (909)
335-7507
• Mission Springs Water
District (Sewer & Water) (760) 329-6448
Add the following subsections:
5-1.3 Payment. Add the following after the first sentence of first paragraph:
If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. Add the following before the first paragraph:
The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities.
The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities.
Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.
No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.
Item Number: 10.
130
Replace the first sentence of the fourth paragraph with following:
Damage or disturbed Utilities: The Contractor shall immediately notify the City Engineer and the utility owner if any utility is damaged or disturbed.
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify The Gas Company's Headquarters Planning Office at least 2 working days prior to the start of construction. 5-4 RELOCATION. Add the following before the first paragraph:
The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the Work. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities.
In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Engineer of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.
Where it is determined by the Engineer that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the City Engineer will provide for the rearrangement of such facility by other forces or by the Contractor.
When the General Provisions, Special Provisions, Technical Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.
Item Number: 10.
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Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
5-5 DELAYS. Add the following to the end of the last paragraph:
Requests for extensions of time arising out of utility rearrangement delays shall be determined by the Engineer. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party.
Payment to the Contractor for actual loss due to a protracted utility delay shall be calculated based on wage increases, price increases of material and equipment, additional insurance costs and actual direct costs of maintaining the Project site incurred as a result of such utility delay.
SECTION 6 - PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1.1 Construction Schedule. Replace the entire paragraph with the following:
6-1.1.1 General. The Contractor shall prepare and submit a baseline schedule prior to commencing work, and within five (5) working days of Notice of to Proceed and accepted by the Engineer before the first partial payment can be made. The Construction Schedule shall show all major items of work complete with start dates, durations, end dates, and relationships between tasks. In addition, during the course of construction, the contractor shall provide City staff weekly and monthly progress schedule updates throughout the duration of the Contract, and an "as-built" schedule upon acceptance of the Work by the Engineer. The term "construction schedule" shall refer to the baseline schedule; weekly and monthly updates; and the "as-built" schedule.
6-1.1.2 Requirements. Construction schedules shall conform to the following requirements:
a) The construction schedule shall be computer-prepared using the latest version of Primavera "Suretrak", Microsoft "Project 2007 Professional", Item Number: 10.
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Primavera "Project Planner (P6)", or Agency-approved equal. b) The schedule shall be prepared using the Critical Path Method (CPM), illustrating the chronological relationship and sequence of work activities.
Activities on the critical path shall be clearly delineated. c) The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated d) The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list:
i) The start and completion dates of all each work activity shall be illustrated.
ii) The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement. iii) Progress milestone events or other significant stages of completion. iv) The lead time required for testing, inspection and other procedures required prior to acceptance of the work.
v) All activities, other than procurement activities, shall be cost-loaded. e) Activities shall be no longer than 10 workdays, except for submittals and delivery items. If an activity takes longer, it shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the City Engineer, for repetitious activities of longer durations for which progress can be easily monitored.
f) Work activities shall be based on the Bid items listed in the Schedule of Prices and the following:
i) Contract Unit Price items shall be subdivided into those portions to be constructed during each stage or phase of construction, or portions which do not exceed 30 calendar days, whichever is less. ii) Lump sum items shall be subdivided into those portions to be constructed during each stage or phase of construction, or portions which do not exceed 30 calendar days, whichever is less. iii) Utility relocations in coordination with the Contractor per 5-4 shall be considered as individual activities.
iv) The procurement of construction materials and equipment shall be included as activities.
v) Work to be performed by subcontractors shall be identified and shown as work activities.
vi) Each submittal, and the corresponding Agency review period, shall be Item Number: 10.
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shown as an individual activity.
vii) NTP requirements shall be shown as individual activities. g) The schedule shall commence on the date of issuance of the NTP. h) Any activity that cannot be completed by its original completion date shall be considered to be "behind schedule."
i) At not less than monthly intervals and when requested by the Engineer, the Contractor shall submit a revised schedule for all work remaining. If, at any time, the Engineer considers the project completion date to be in jeopardy because of activities "behind schedule, "the Contractor shall submit additional schedules and diagrams indicating how the Contractor intends to accomplish the remaining work to meet the Contract completion date.
J) All change orders, regardless of origin, shall be reflected in the schedule. 6-1.1.3 Constraints. Construction schedules shall reflect the following:
a) Utility relocations in coordination with the Contractor per 5-4. b) The impact on the schedule of the protection, removal, or relocation of utilities per 5-5.
c) All Construction operations and maintenance of equipment within one half mile of human occupancy shall only be performed only during the time periods as follows unless otherwise approved by the Engineer:
October 1 to April 30: Monday - Friday 7: 00 AM to 5: 30 PM The foregoing time frames are the typical working hours allowed by the City, but other restrictions may apply for certain operations as specified elsewhere in these specifications.
d) The Time of Completion per 6-7. A schedule submitted showing completion earlier or later than the time of completion specified will be rejected. e) Completion of the Work in accordance with the Plans and Specifications. 6-1.1.4 Time Impact Analysis. When change orders are initiated, delays are Item Number: 10.
134
experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the Engineer a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date. 6-1.1.5 Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
6-1.1.6 Baseline Schedule. The Contractor shall submit a baseline schedule in accordance with 2-5.3 and 6-1.1. The baseline schedule submittal shall include an executable digital format, accessible using the latest version of Primavera "Suretrak", Microsoft "Project 2007 Professional," Primavera "Project Planner (P6)," or Agencyapproved equal, and three (3) printed hard copies. 6-1.1.7 Weekly Detailed Schedules ("Look-Aheads"). Weekly detailed schedules shall be prepared and submitted on the last working of every week. These detailed schedules shall reflect the logic and sequence of the Construction Schedule, may be in bar chart format, and shall include the following:
a) Status of the construction activities of the past week, scheduled vs. actual, including an outline narrative of the progress and an explanation for deviations from planned/scheduled activities, together with actions taken or planned to adjust the schedule and/or recover lost time, if applicable. b) Detailed two-week "look-ahead" schedule, detailing all work activities scheduled during the next two weeks, including all work to be performed by others. The "look-ahead" schedule will be used during the Project weekly on-site management meetings to manage, coordinate and schedule all upcoming project activities. Activities included in the Construction Schedule per 6-1.1(a) shall be further broken down into detailed activities, by specific task, by specific area, at the crew level or lower. The "look-ahead" schedule shall also reflect key milestones and interfaces/coordination with local community activities, e. g. schools, businesses, etc.
6-1.1.8 Monthly Updates. The Contractor shall submit 2 paper copies and an executable digital file of the updated construction schedule (using the software approved for use as the baseline schedule) to the Engineer 5 working days prior to the date the Engineer files the monthly progress estimate specified in 9-3.2. The updates shall be accompanied by a request for the Engineer to process the monthly progress estimate and a brief written description of the changes since the last update was submitted. The Engineer will compare the schedule update to the monthly progress Item Number: 10.
135
estimate. Should the update not reflect the monthly progress estimate, the update will be returned to the Contractor for revision and re-submittal. The Engineer will not submit the monthly progress estimate for processing until the update has been accepted.
Updates shall conform to 6-1.1.2 and the following:
a) Actual progress versus the original approved schedule shall be illustrated. b) Actual start and completion dates versus the original approved schedule shall be illustrated.
c) Deviations in the progress and sequence of the Work shall be identified and supported by a detailed narrative justification. Schedule updates shall include revisions to those activities and sequences of the Work, with narrative justifications, necessary to recover delays to the schedule to meet the Contract milestones.
6-1.1.9 "As-Built" Schedule. Upon completion and acceptance of the Work by the Agency, the Contractor shall prepare an "as-built" schedule. The Contractor shall submit 2 paper copies and an executable file on a compact disc (CD), of the "as-built" construction schedule (using the software approved for use as the baseline schedule) to the Engineer within 10 working days after acceptance of the Work by the Engineer.
The "as-built" schedule shall reflect the actual progress of the work from the date of acceptance of the baseline schedule through acceptance of the Work by the Engineer.
The Engineer will compare the "as-built" schedule with the previously accepted monthly updates and the final progress estimate. Should the "as-built" schedule not reflect the latter, the "as-built" schedule will be returned to the Contractor for revision and resubmittal. The Engineer will not submit the final estimate for final payment as specified in 9-3.2 until the "as-built" schedule has been accepted. 6-1.1.10 Payment. Full compensation for preparation of Construction schedules shall be considered as included in the Contract Unit Price for each item in the Bid. No additional compensation will be made for the preparation of the construction schedule.
6-1.2 Commencement of the Work. The Notice to Proceed (NTP) for this Contract will be issued after the Contractor satisfactorily submits all of the documentation required in the Instructions to Bidders, the Agency has executed the Contract, and the contractor has performed the following:
a) Submit all required Submittals per 2-5.3 and receive Agency approval for such submittals unless otherwise specified.
Item Number: 10.
136
b) Ensure that all labor, equipment, and materials required for the Contract will be available when required by the Construction Schedule per 6-1.1. c) Attend Preconstruction meetings with the Agency.
d) Apply and secure for an Encroachment “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.
The Contractor shall complete all of the above-stated activities within 14 working days after award of contract. Each additional working day in which the Contractor is not in compliance with this requirement will be subtracted from the number of working days allowed for the Time of Completion per 6-7. When the working days specified in 6-7.1 are exhausted, the Contractor will be subject to liquidated damages.
All costs related to the requirements of the NTP except for the Items as indicated in subsection 7-8.6.5 shall be considered as included in the lump sum Bid price for "MOBILIZATION".
6-2 PROSECUTION OF THE WORK. Add the following before the first paragraph:
6-2.1 General.
Add the following subsections after the last paragraph:
6-2.2 Work by Others Due to Unsatisfactory Work Prosecution. If, as determined by the Engineer, the Contractor is not prosecuting the Work in a satisfactory manner or is not providing for public safety, traffic and protection of the Work, the Engineer will notify the Contractor of such unsatisfactory conditions and will indicate the date and time when corrective work must be completed. If the Contractor fails to comply, the Agency may elect to do the Work or have the Work performed by others and deduct the cost thereof from any monies due the Contractor. Such action shall not relieve the Contractor from liability.
6-2.3 Saturday, Sunday, Holiday and Overtime Work. No work shall be done on Saturdays, Sundays or holidays recognized by the City and no work shall be performed outside of normal working hours without the prior approval of the Engineer, unless otherwise specified. In any event, all such work shall be subject to the prior approval of the Engineer. Prior to the start of such work, the Contractor shall arrange with the Engineer for the continuous or periodic inspection of the Work and tests of Item Number: 10.
137
materials, when necessary. If such a request is made by the Contractor to work overtime, nights, Saturdays, Sundays or holidays, and such a request is granted, the Contractor shall bear all of the extra expense to the Agency for inspection, material testing, and other incidental expenses incurred by such overtime work. If the Contractor is requested, in the interests of the Agency, to work overtime by the Agency, or if overtime work is specifically required by the Specifications, all of the extra expense of inspection, material testing, and other incidental expenses will be paid by the Agency.
Should the Contractor find it necessary in order to complete the Work according to its schedule to perform certain operations on Saturdays, Sundays, holidays or overtime, the costs of these operations shall be considered as being included in the Contract Price and shall not constitute a basis for additional payment.
The Agency reserves the right to direct the Contractor to perform work outside of normal working hours in order to avoid inconvenience to the public or to perform special operations that, in the judgment of the Agency, best serve the intent of the Contract Documents and the orderly prosecution of the Work. If the Agency elects to request work outside of normal working hours, the Contractor shall make all arrangements to supply an adequate work force for the task to be accomplished. The Agency will compensate the Contractor for the premium portion of the wages paid, plus labor burdens applicable to the premium portion only of the wages paid, in accordance with 3-
3.2. The Contractor shall submit copies of its payrolls to the Engineer indicating the premium portion of wages actually paid. The Agency will issue a Change Order to reimburse the Contractor for the Contractor's actual costs for the premium portion of the wages only.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. Replace the second paragraph with the following:
No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating the cessation of work, or other similar action of the elements. 6-6.2 Extensions of Time. Add the following:
Extensions of time will be reflected as non-working days on the Statement of Working Days except when such extensions are a result of Extra Work. 6-7 TIME OF COMPLETION.
Item Number: 10.
138
6-7.1 General. Replace the first sentence with the following:
The Contractor shall complete the Work within 30 working days. 6-7.2 Not Used Replace the entire subsection with the following:
6-7.2 Working Day. A working day is any day within the period between the date of the start of the contract time as specified in 6-1 and the date of field acceptance of the Work by the Engineer, other than:
1. Saturday,
2. Sunday,
3. Any day designated as a holiday by the Agency,
4. Any day the Contractor is prevented from working at the beginning of the workday for cause as specified in 6-6.1 and the following:
a) Inclement weather or conditions resulting immediately therefrom. b) Installation, relocation and/or alteration of public and/or private utilities by others.
or,
5. Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as specified in 6-
6.1 and the following:
a) Inclement weather or conditions resulting immediately therefrom. b) Installation, relocation and/or alteration of public and/or private utilities by others.
Item Number: 10.
139
c) 6-9 LIQUIDATED DAMAGES. Replace the third sentence of the first paragraph with the following:
For each consecutive calendar day in excess of the time specified for the completion of Work in 6-7.1, as adjusted in accordance with 6-6, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $1,000.
Replace the first sentence of the second paragraph with the following:
Execution of the Contract shall constitute agreement by the Agency and the Contractor that $1,0000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time.
Add the following as the last paragraph:
It is further agreed that in case the Work is not finished and completed in all parts and requirements within the specified number of working days, the Agency shall have the right to increase the number of working days if it deems best to serve the interest of the Agency. If the Agency decides to increase the said number of working days in lieu of charging liquidated damages, it shall further have the right to charge to the Contractor, its heirs, assignees or sureties and to deduct from the final payment for the Work all or any part, as the Agency may deem proper, the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that the costs of final surveys and preparation of the final estimate will not be included in such charges.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. Add the following after the first paragraph:
Action by the Agency to take over and utilize any part of the Project shall become effective only upon issuance of a written notice, signed by the Engineer, setting forth a description of the completed improvements to be taken over, the effective date, location and limits thereof.
Add the following subsection:
6-11 NONCOMPLIANCE WITH THE PLANS AND SPECIFICATIONS. Failure of the Contractor to comply with any requirement of the Plans and Specifications, and to immediately remedy any such noncompliance upon notice from the Engineer, may Item Number: 10.
140
result in suspension of contract progress payments on all items of work. Any progress payments so suspended shall remain in suspension until the Contractor's operations are brought into compliance to the satisfaction of the Engineer. Upon determination by the Engineer that the Contractor is no longer in noncompliance, progress payments will resume for those items of work which have been constructed in conformance with the Plans and the Specifications. No additional compensation shall be due the Contractor as a result of the suspension of progress payments due to noncompliance with the Plans and Specifications.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Prevailing Wages. Replace the entire subsection with following:
7-2.2.1 General
Pursuant to section 1773.2 of the California Labor Code, the Director of the Department of Industrial Relations (DIR) has established the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute contracts for public works and improvements. The General Prevailing Wage Rate Determinations are available at www.dirca.qov/DLSR/PWD/index.htm. Copies of the General Prevailing Wage Determinations are on file at the office of the Engineer. Copies will be made available to any interested party upon request. Future effective wage rates will be on file with the Department of Industrial Relations, and are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date of the current determinations and apply to the Contract in the same manner as if they had been included or referenced in the Contract.
Pursuant to Section 1774 of the Labor Code, the Contractor and any Subcontractors shall pay not less than the specified prevailing rates of wages to workers employed on the Contract.
Pursuant to Section 1775 of the Labor Code, the Contractor and any Subcontractors, shall, as a penalty to the Agency, forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.
7-2.2.2 Posting of Prevailing Wage Rates. Pursuant to Section 1773.2 of the Item Number: 10.
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California Labor Code, the Contractor shall post a copy of the prevailing wage rates at the Project site. The Agency will furnish copies of said wage rates for the Contractor's use.
7-2.2.3 Work Records. Pursuant to Section 1812 of the California Labor Code, the Contractor shall maintain an accurate written record of all employees working on the Project each calendar day. The record shall include each employee's name, Social Security number, job classification and the actual number of hours worked. The Contractor shall submit a signed copy of this record to the Engineer at the end of each week.
7-2.3 Payroll Records. Replace the entire subsection with the following:
Pursuant to Section 1776 of the California Labor Code, the Contractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee the Contractor employs in connection with the Work.
Whenever so requested by the Engineer, the Contractor shall submit to the Engineer a certified copy of each such employee's payroll record ("certified payrolls") at the end of each week for the period ending the previous week. Failure to submit such payroll records will result in the Agency withholding from any monies due the Contractor the amount of $500 for each week in which certified payrolls have not been submitted. 7-3.2 General Liability Insurance. Replace the first paragraph with the following:
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the Agency, its officers, employees, and agents while acting within the scope of their duties on the Work, shall be the insured or named as an additional insured with respect to liability and all claims arising out or in connection with of the Contractor's ongoing and completed operations. The certificate of insurance submitted to the Agency shall state the Contractor’s insurance is primary to and not contributing with any other insurance or self-insurance programs maintained by the Agency.
Add the following to the end of the first paragraph:
The City of Desert Hot Springs, Hill International, and Pak-Sha, Inc. along with their officers, employees and agents shall be named under the policy as an insured or additional insured covering the Work.
Item Number: 10.
142
The endorsement shall contain the language provided in the sample included at the end of this Section G.
Replace the second and third paragraphs with the following paragraphs:
The Contractor may file general liability insurance acceptable to the Agency covering more than one Contract. General liability insurance shall be written on ISO policy form CG 00 01 or its equivalent with limits of not less than the following:
Personal and Advertising Injury: $1,000,000
Combined single limit for Each Occurrence: $1,000,000
Products/Completed Operations Aggregate: $1,000,000
General Aggregate: $2,000,000
Confirm deductible or self-insured retentions shall not exceed $25,000. The Agency retains the right to require such retained losses and costs attributable to the Contractor's retention, or, withhold payment to the Contractor in the amount of all or any deductibles/retentions as the Agency deems appropriate. The Contractor's policies shall not obligate the Agency to pay any portion of the Contractor's deductible or self-insured retention.
To the fullest extent permitted by law, the Contractor waives its and its insurer(s) rights of recovery against the Agency under all required insurance policies for any loss arising from or related to the Contract. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver.
The notification shall be sent to the Community Development Director, City of Desert Hot Springs, 65-950 Pierson Blvd., Desert Hot Springs, CA 92240.
The Contractor shall include all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement as insured under the Contractor’s own policies, or provide the Agency with each party’s separate evidence of insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. The Contractor shall be responsible for verifying each of the parties as described above complies with the insurance requirements in the Specifications and shall require that each subcontractor name the Agency and each additional insured, and the Contractor as additional insured on the Subcontractors general liability policy. The Contractor shall obtain the Agency's prior review and approval of any Subcontractor request for Item Number: 10.
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modification of the insurance requirements in the Specifications. 7-3.3 Worker’s Compensation Insurance. Add the following after the last Paragraph:
Should evidence of the renewal or replacement of the policy not be filed with the Agency prior to the expiration or cancellation date, the Agency will stop all work on the Project and no further work shall be performed until new insurance coverage has been obtained by the Contractor. Such stop order shall not be a cause for a time extension to the Contract duration.
Such policy shall be endorsed to waive subrogation against the Agency for injury to the Contractor's employees. If the Contractor will provide leased employees, coverage shall also include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the Agency as the Alternate Employer and the endorsement form shall be modified to provide that the Agency will receive not less than 30 days advance written notice of cancellation of this coverage provision.
In all cases, the above insurance shall include employer's liability coverage with limits not less than:
Each Accident: $1,000,000
7-3.4 Automobile Liability Insurance. Replace the entire subsection with the following: The Contractor shall further procure, provide and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. Such insurance shall be written on ISO policy form CA 00 01 or its equivalent. The insurance shall include coverage for all "owned", "hired", and "non-owned" vehicles, or coverage for "any auto." 7-4 Not Used. Replace the entire subsection with the following:
7-4 AUDITS AND RECORDS The Contractor shall maintain all data and records pertinent to the Work performed under the Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of four (4) years from the date of final payment under the Item Number: 10.
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Contract, or for such longer period, if any, as is required by applicable statute or by other provisions of the Contract. The authorized representatives of the Agency shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor shall covenant and agree that it shall require any subcontractor utilized in the performance of the Contract to permit the authorized representatives of the Agency, to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under the Contract for the same time period. 7-5 Permits. Replace the first sentence of the first paragraph with the following:
The Contractor must apply and secure a “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.
Replace the second paragraph with the following:
The Contractor and all subcontractors shall possess valid business licenses for the City of Desert Hot Springs prior to commencement of their work and prior to the issuance of the first payment made under this contract. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Add the following as the last paragraph:
The failure of the designated representative(s) to faithfully prosecute the Work, including, but not limited to, failure to adhere to the Contractor's construction schedule shall be deemed grounds for removal from the Work per 7-2.1. 7-8 WORK SITE MAINTENANCE.
7-8.1 General. Replace the first paragraph with the following:
Throughout all phases of construction, including suspension of the Work, and until acceptance per 6-8, the Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control. The contractor shall, at all times keep the Work site on which work is in progress and the adjacent properties clean and free clear from accumulations of waste material, rubbish and debris caused by employees or by the Work. Rubbish and debris collected on the Work site shall only be stored in roll-off, enclosed containers prior to disposal. Stockpiles of such will not be allowed. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall Item Number: 10.
145
remove all temporary structures, rubbish, and waste materials resulting from his operations, or as directed and to the satisfaction of the appropriate City representative.
Replace the second paragraph with the following paragraphs:
Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, during all phases of trenching operations and whenever dirt or base material is stored on paved roadways, the Contractor shall furnish and operate a selfloading motorized street sweeper with spray nozzles at least once a day within the areas of its operations and, as determined by the Engineer, along haul routes to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. Dust control measures and cleaning shall be to the satisfaction of the appropriate City representative. The sweeping shall be near or after the end of construction operations for the day. At the same time, the Contractor shall also sweep the sidewalks either manually or with a motorized street sweeper in the vicinity of the construction operations. The sweeping operations shall produce a clean surface throughout the Project area.
If, in the opinion of the Engineer, this effort does not result in satisfactorily clean streets and sidewalks, then the Contractor shall take whatever other measures are necessary to keep the streets and sidewalks clean. Such measures may include, but not be necessarily limited to, more frequent use of a motorized street sweeper as noted above, the use of a self-loading vacuum sweeper and/or sufficient hand labor to satisfactorily comply with this specification.
7-8.2 Air Pollution Control. Add the following before the first paragraph:
7-8.2.1 General.
Add the following subsections:
7-8.2.2 Control of Fugitive Dust. The Contractor shall comply with Amended Rule 403 and Rule 1186 of the South Coast Air Quality Management District. Copies of these rules and further information may be obtained from the following:
South Coast Air Quality Management District
21865 Copley Drive Diamond Bar, CA 91765
Telephone: (909) 396-3600
Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of dust. The Contractor will be responsible for watering the work area where dust is generated from traffic, Contractor’s operations and wind. Contractor’s area of operations includes areas outside of roadbed or trench limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above-described areas in the project area during the life of the project, including holidays and weekends. Dust control measures shall be to the satisfaction of the Item Number: 10.
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Engineer.
The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliative, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet and clean during excavation and hauling operations.
Prior to occupation of the project site, the contractor shall submit and receive approval of a fugitive dust control plan prepared in accordance with PM-10 Rule 403.1.
A copy of the ordinance is available for review at the City.
Upon completion of the project, the contractor shall apply a polymer based soil stabilizer to all areas disturbed by the construction operation. The contractor shall submit soil stabilizer details and manufacturer recommendations to the City for acceptance prior to application. Application shall be warranted for a minimum of one (1) year from date of application.
7-8.2.3 Local Air Quality Management Plan (LAQMP). Dust Control shall be in accordance with the approved Local Air Quality Management Plan (LAQMP) for this project. The Contractor shall prepare for review and approval by the Agency, the required PM-10 plan. The plan shall be prepared in accordance with South Coast Air Quality Management District guidelines. The Contractor shall have a designated person Certified by the SCAQMD to prepare and the PM-10 plan and oversee the approved dust control measures. Dust control shall include, but is not limited to the following:
1) Maintain dust control at all times by watering, including developing a water supply, and furnishing and placing all water required for work done in the contract.
2) Provide means to prevent track out onto public streets. 3) Provide street sweeping of material tracked onto public streets. 4) The Contractor shall be responsible for the procurement and application of an AGENCY approved soil stabilizer, at an AGENCY approved rate of application, which complies with the AGENCY's PM-10 ordinance and the Local Water Quality Control Board. The Contractor shall place this approved dust palliative on all unimproved areas which have been disturbed by their Item Number: 10.
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operations. Unimproved areas shall include as a minimum the disturbed areas behind the curb and gutter. Measurement and payment for the soil stabilizer for the supply and application of the AGENCY approved material shall be included in the contractors bid item for Dust Control and no additional compensation shall be allowed. The soil stabilization shall conform to the following:
a. All surface areas of the earth in the project area and associated with the project work disturbed by the Contractor’s operations must be stabilized by an approved Contractor using an approved soil stabilization material. b. “Disturbed surface area” is described as that portion of the earth’s surface which, through the activities of the Contractor, has been physically moved, uncovered, destabilized, or otherwise modified form its undisturbed natural soil condition.
c. Contractor’s activities are described as any activity by Contractor’s work force, equipment, vehicles, suppliers, vendors, etc. in the construction of this project. The project area and Contractor’s area of operations includes areas outside of the project area used for excavation, fill, or stockpiling of soils, material, and debris.
d. The soil stabilization material to be used must be a material that is not prohibited for use by the California Regional Water Quality Control Board, the Environmental Protection Agency, or any other law, rule, or regulation. e. The soil stabilization material shall provide a method of dust control to mitigate fugitive dust and PM-10 emissions. The application rates shall be per manufacturer’s requirements and additionally shall be applied in sufficient quantities to eliminate wind erosion from disturbed surface areas for a one-year duration measured from the time of application. 7-8.3 Noise Control. Replace the entire subsection with the following:
Operations shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.
Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.
Item Number: 10.
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Construction operations and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows:
October 1 to April 30: Monday - Friday 7: 00 AM to 5: 30 P.M.
The foregoing time frames are the typical working hours allowed by the City, but other restrictions may apply for certain operations as specified elsewhere in these specifications. The Contractor shall be responsible for any inspection and additional administration costs incurred by the City for work by the Contractor after the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work described in the Special Provisions specifically required to be performed outside the normal working hours are excluded from the provisions of this paragraph.
The Contractor shall notify the City Engineer at least 72 hours prior to any work outside the normal working hours defined above, on weekends or holidays. 7-8.4 Storage of Equipment and Materials. Add the following subsections:
7-8.4.3. Parking and Storage Areas. All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Engineer.
7-8.4.4. Disposal of Material. The Contractor shall make arrangements for disposing of materials outside the right-of-way and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth.
7-8.6 Water Pollution Control.
7-8.6.2 Best Management Practices (BMPs). Replace the entire subsection with the following:
7-8.6.2.1 General.
This Project lies within the boundaries of the County of Riverside and shall conform to the following requirements:
a) Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Item Number: 10.
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Discharges within the County of Riverside, and the Incorporated Cities Therein.
b) Other applicable Federal, State and local requirements.
The Contractor shall be responsible throughout the duration of the Contract for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and material pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of work.
In order to ensure a minimum level of water quality control, the Contractor shall effectively implement and maintain appropriate Construction Site BMPs, as shown in Table 7-8.6.2.1 (A).
Item Number: 10.
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TABLE 7-8.6.2.1 (A)
CONSTRUCTION SITE BMPS(1)
ID BMP Name Minimum
Requirement
Temporary Soil Stabilization
SS-1 Scheduling (2) X
SS-2 Preservation of Existing Vegetation (2)
SS-3 Hydraulic Mulch (3)
SS-4 Hydroseeding (3)
SS-5 Soil Binders (3) X
SS-6 Straw Mulch (3)
SS-7 Geotextiles, Plastic Covers, & Erosion Control Blankets/Mats (3) SS-8 Wood Mulching
SS-9 Earth Dikes/Drainage Swales & Ditches X
SS-10 Outlet Protection/Velocity Dissipation Devices X
SS-11 Slope Drains X
SS-12 Streambank Stabilization
Temporary Sediment Control
SC-1 Silt Fence X
SC-2 Sediment/Desilting Basin
SC-3 Sediment Trap
SC-4 Check Dam
SC-5 Fiber Rolls
SC-6 Gravel Bag Berm X
SC-7 Street Sweeping and Vacuuming (2) X
SC-8 Sandbag Barrier (2) X
SC-9 Straw Bale Barrier
SC-10 Storm Drain Protection (2) X
Wind Erosion Control
WE-1 Wind Erosion Control (2) X
Tracking Control
TC-1 Stabilized Construction Entrance/Exit (2) X
TC-2 Stabilized Construction Roadway
TC-3 Entrance/Outlet Tire Wash
Non-storm Water Management
NS-1 Water Conservation Practices (2) X
NS-2 Dewatering Operations (4) X
NS-3 Paving and Grinding Operations (2) X
NS-4 Temporary Stream Crossing
NS-5 Clear Water Diversion
NS-6 Illicit Connection/Illegal Discharge Detection and Reporting (2) X NS-7 Potable Water/Irrigation
NS-8 Vehicle Equipment Cleaning (2) X
Item Number: 10.
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NS-9 Vehicle Equipment Fueling (2) X
NS-10 Vehicle Equipment Maintenance (2) X
NS-11 Pile Driving Operations
NS-12 Concrete Curing X
NS-14 Material and Equipment Use Over Water
NS-14 Concrete Finishing X
NS-15 Structure Demolition Over or Adjacent to Water
NS-16 Temporary Batch Plant
Waste Management and Material Pollution Control
WM-1 Material Delivery (2) X
WM-2 Material Use (2) X
WM-3 Stockpile Management (2) X
WM-4 Spill Prevention and Control (2) X
WM-5 Solid Waste Management (2) X
WM-6 Hazardous Waste Management (5) X
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management (2) X
WM-9 Sanitary/Septic Waste Management (2) X
WM-10 Liquid Waste Management (6 X
(1) Additional BMPs may be required as a result of actual field conditions, Contractor activities, or construction operations.
(2) Required on all Projects as determined by the Engineer. (3) The Contractor shall elect an effective combination of erosion and sediment controls which may require one or a combination of these soil stabilization BMPs.
(4) Required for discharging accumulated precipitation if the Project will be constructed during the rainy season (Oct. 1 — Apr. 15) and for potential contact with groundwater during excavation. Separate permit requirements may be applicable for groundwater dewatering. Refer to 7-5. (5) Required if vehicles and equipment fueling, cleaning or maintenance on the Project site may generate hazardous waste or other construction activities may generate other hazardous waste such as from sewage spills, concrete cure spills, or other material or waste spills, leaks or other sources. (6) Required for potential sewage spills as well as any plan for emergency spill cleanup and response under 7-8.5.3.
The Contractor shall have a minimum of two readily accessible copies of the BMP Manual on the Project site at all times.
The Contractor shall become fully knowledgeable and fully comply with the applicable provisions of the BMP Manual, Permits and Federal, State and local regulations that govern the Contractor's operations and storm water discharges from Item Number: 10.
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the Project site.
7-8.6.2.2 Year-Round Implementation Requirements.
The Contractor shall effectuate a year-round program for implementing, inspecting, and maintaining water pollution control practices for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control.
Soil stabilization, erosion and sediment control practices conforming to the "Minimum Requirements" specified in Table 7-8.6.2.1 (A) shall be implemented throughout the rainy season, defined as between October 1 and April 15, and whenever the National Weather Service predicts rain within 24 hours. The National Weather Service weather forecast shall be monitored by the Contractor on a daily basis. An alternative weather forecast service may be used if approved by the Engineer. If precipitation is predicted, the rainy season water pollution control practices shall be deployed prior to the onset of the precipitation.
The non-rainy season shall be defined as all days outside the defined rainy season. Disturbed soil areas within the Project site shall be protected in conformance with the requirements in the Manual with an effective combination of tracking control, soil stabilization, and erosion and sediment control. Additionally, if the Agency has determined that the Contractor has not properly maintained an effective year round program for implementing, inspecting and maintaining appropriate water pollution control practices for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control, the Engineer will direct the Contractor to immediately deploy effective BMPs conforming to the requirements in Table 7-
8.6.2.1 (A).
7-8.6.2.3 Drainage Control.
In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage to water from the site or due to altered drainage patterns from construction operations.
Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, Item Number: 10.
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and natural water courses.
7-8.6.2.4 Maintenance.
The Contractor shall be responsible throughout the duration of the Contract for installing, constructing, inspecting, maintaining, removing and disposing of the water pollution control BMPs. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. The Project site shall be inspected and findings recorded on a weekly BMP checklist by the Contractor as follows:
1) Prior to a forecast storm;
2) After a precipitation event which causes site runoff; 3) At 24 hour intervals during extended precipitation events; 4) Routinely, a minimum of once every week.
7-8.6.2.5 Report of Discharge, Notices, or Orders.
If the Contractor identifies any discharge into receiving waters in a manner causing, or potentially casing, a condition of pollution, or if the Project receives a written notice or order from any regulatory agency, the Contractor shall so inform the Engineer within 24 hours. The Contractor shall submit a written report to the Engineer within 5 working days of the discharge event, notice or order. The report shall include the following information:
a) The date, time, location, nature of the operation and type of discharge, including the cause or nature of the notice or order.
b) The water pollution control practices deployed before the discharge event, or prior to receiving the notice or order.
c) The date of deployment and type of water pollution control practices deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent recurrence.
d) An implementation and maintenance schedule for any affected water pollution control practices.
Item Number: 10.
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7-8.6.2.6 Enforcement and Penalties.
The Agency, as a permittee, is subject to enforcement action by the State Water Resources Control Board (SWRCB), Environmental Protection Agency, private citizens and citizen groups. The Agency will assess the Contractor a penalty of $1,000 for each calendar day that the Contractor does not fully implement or comply with the provisions set forth in these Special Provisions. The penalty will be deducted from Contract progress payments due the Contractor if the Contractor is determined by the Engineer to be non-compliant, including but not limited to, the following:
1)Noncompliance with these Special Provisions
2)Noncompliance with the applicable provisions of the BMP Manual. 3)Noncompliance with the immediate corrective action specified on the Agency issued "Notice of BMP Noncompliance" form.
4)Applicable local permits.
5)Federal, State and local water pollution control regulations.
The Contractor shall be responsible for the costs and for the liabilities imposed by law as a result of the Contractor's failure to comply with these Special Provisions.
Costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the Agency or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition, the Agency will deduct, from any monies due the Contractor, the total amount of a legal fees, staff costs, and consultant fees as a result of the Contractor's noncompliance with these Special Provisions.
The Contractor shall notify the Engineer immediately following receipt of a request for many jurisdictional regulatory agency, to enter, inspect, sample, monitor or otherwise access the Project site or the Contractor's records pertaining to water pollution control 7-8.6.5 Payment. Replace the entire subsection with the following:
Full compensation for the implementation of "Work Site Maintenance" such a Water Pollution; Fugitive Dust Control; BMPs, including construction, deployment, maintenance, removal, and the furnishing of all necessary labor, equipment, materials, and all other related costs including "Work Site Maintenance Plans" shall be considered as included in the Contract Unit Price for "Implementation of SWPPP, BMPs and Fugitive Dust Control."
Item Number: 10.
155
7-8.7 Graffiti Removal. Add the following subsection:
The Contractor shall maintain the Work, all of its equipment, and all traffic control devices, including signage, free of graffiti throughout the duration of the Contract. The Contractor shall respond to any request from the Engineer to remove graffiti within 4 hours of notification. Should the Contractor fail to respond to such request, the Agency reserves the right to make other arrangements for the requested graffiti removal and deduct the cost from any monies due the Contractor.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.
Replace the entire subsection with the following:
The Contractor shall be responsible for the protection of public and private properties at and adjacent to the Work and shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e. g., curbs, sidewalks, driveways, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within right-of-way must be removed; the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 701-2.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be restored with sod.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, irrigation, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the work.
Except as may otherwise be provided in specific instances, nothing in the Contract or any permit shall be construed as vesting in the Contractor any property right Item Number: 10.
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in any material, article or structure existing at the time of award of the Contract within the area in which the Work is to be done; or in any material or article subsequently furnished for the Work by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in 9-3.
In the latter event any such material, article, structure or work shall become the property of the Agency after being so accounted for.
Unless otherwise specified in the Special Provisions, all costs to the contractor for protecting, removing, and restoring existing improvements shall be included in the Bid.
7-10.4.1 Work Site Safety.
7-10.4.1.1 General. Replace the first paragraph with the following:
The Contractor shall provide all safety measures as necessary to protect the public and workers within, or in the vicinity of, the Work site. The contractor shall insure that its operations will not create safety hazards. Particular attention is directed to the possibility of children playing or going to or from school in the Project area. The Contractor shall take all the necessary precautions to ensure that its operations will not create any safety hazard for children.
Replace the second paragraph with the following:
The Contractor shall be solely responsible for ensuring that all work performed under the Contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The contractor shall take any and all actions appropriate to providing a safe Project site. The Contractor shall provide at its expense all safeguards; safety devices and protective equipment; material; and assistance to Agency personnel so that they may properly inspect all phases of the Work. 7-10.4.1.2 Work Site Safety Official. Add the following at the end of the first paragraph:
Failure by the Contractor to provide the required Project Safety Official shall be grounds for the Agency to direct the cessation of all work activities and operations at no cost to the Agency until such time as the Contractor is in compliance. 7-10.4.2 Safety Orders.
Item Number: 10.
157
7-10.4.2.1 General. Add the following to the end of first paragraph:
The contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.
7-13 LAWS TO BE OBSERVED. Add the following:
The contractor and its Subcontractors shall obtain and pay for a City business license prior to start of their work.
Add the following subsection(s):
7-15 AUDITS AND RECORDS.
The Contractor shall maintain all data and records pertinent to the Work performed under the Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of four (4) years from the date of final payment under the Contract, or for such longer period, if any, as is required by applicable statute or by other provisions of the Contract. The authorized representatives of the Agency shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor shall covenant and agree that it shall require any subcontractor utilized in the performance of the Contract to permit the authorized representatives of the Agency, to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under the Contract for the same time period.
Add the following subsections:
7-16 SAFETY INDEMNIFICATION. To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the Agency and its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or Agency, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal/OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites.
The Agency may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceeding brought by Cal/OSHA Item Number: 10.
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arising out of the Project.
7-17 PROJECT MEETINGS.
7-17.1 General.
The Contractor shall attend and participate in all meetings scheduled by, or at the request of, the Engineer. These include, but are not limited to, a Pre-Construction, and a regularly scheduled weekly management meetings.
7-17.2 Pre-Construction Conference.
7-17.2.1 Meeting.
The Engineer will schedule a pre-construction conference and organizational meeting at the project site or other convenient location upon award and/or execution of the Contract and prior to commencement of construction activities. 7-17.2.2 Attendees
The City and its consultants, and the Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work.
7-16.2.3 Agenda
The Engineer will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction. 7-17.3 Management Meetings.
A regularly scheduled weekly management Meeting on-site for the purposes of the management of the construction and for the management of the Project site operations. The Contractor shall make available those resources, reports and records necessary to effectuate timely and productive management meetings. The Contractor shall formally record and publish the minutes, which shall be furnished to all attendees and other interested parties not later than 72 hours following the conclusion of the meeting.
Item Number: 10.
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SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. Replace the entire subsection with the following:
This contract Does Not require for the Contractor to furnish a Class "A" field office for the Project.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK.
Replace the first sentence of the second paragraph with the following:
For work on a lump sum Bid Items as indicated in the “Schedule of Prices”, the Contractor shall submit a detailed price breakdown schedule to the Engineer, to be used only as a basis for determining progress payments, for the following lump sum Bid Items:
Bid Items.
The price breakdown shall be submitted to the Engineer prior to the first payment and within twenty (20) calendar days after award of the Contract. The price breakdown for the lump sum Items, as agreed upon by the Contractor and the Engineer, shall be used for preparing future estimates for partial payments on a lump sum contract or designated lump sum bid items. The lump sum breakdown shall list the major items of work with a price fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the City Engineer, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses.
The price breakdown will be subject to the approval of the Engineer, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the Engineer as one of the bases for evaluating requests for payments. The City Engineer shall be the sole judge of the adequacy of the price breakdown.
Item Number: 10.
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9-3 PAYMENT.
9-3.1 General. Replace the last sentence of the seventh paragraph with the following:
Responsibility of ownership shall remain with the Contractor who shall store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to the time that the Contractor is relieved of responsibility to protect the Work as provided in 6-8 and 6-10.
Replace the last paragraph with the following:
Following the expiration of 35 Days from the date of acceptance of the performance of the Contract by the Agency or City Council or as the prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by property executed and filed notices to stop payments, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. Replace the first sentence of the first paragraph with the following:
The closure date for the purpose of making the monthly progress payment shall be the last day of each month. Monthly progress payments will be made only if the number of working days for the Project plus any extensions of time granted by the Agency after the Work has started equals 20 or more working days.
Add the following after the first sentence of the second paragraph:
The Agency will transmit to the Contractor within 10 days after each established monthly payment closure date a copy of the Engineer's Monthly Estimate showing the amount of work completed as of the closure date.
Add the following after the second paragraph:
In the case of a Bid item where several types of work are included in the item, the Agency may make partial payment for the portions of such work that are completed at Item Number: 10.
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the time of making the monthly progress estimates, provided, in the opinion of the Engineer, the work considered for payment has been completed in compliance with the requirements of the Plans and the Specifications. As an aid to the Agency in making partial payments, the Contractor shall, upon request from the Engineer, furnish a detailed schedule of the costs included in its Contract Unit Price for the Bid item.
Payment for a lump sum Bid item will be based upon the lump sum Bid price and the Engineer's estimate as to the percentage of completion.
Replace the third paragraph with the following:
From each progress payment, 5 percent will be deducted and retained by the Agency. The Agency will withhold 5 percent of the total Contract amount until acceptance of the Work.
Replace the last paragraph with the following:
Pursuant to Section 22300 of the California Public Contract Code, the Contractor at its own expense may deposit securities with the Agency or with a State or Federally chartered bank as the escrow agent in lieu of having funds withheld by the Agency to ensure performance under the Contract.
The securities which will be allowed to be substituted are those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit.
The amount of securities to be deposited shall be equivalent to the maximum amount permitted to be withheld. The Agency may claim and receive all or a portion of these funds to be used for the same purposes and expenditures as if the funds had been withheld as specified above. Formal acceptance of the Project by the Agency terminates the Agency's interest in the securities.
9-3.3 Delivered Materials. Replace the entire subsection with the following:
When approved by the Engineer, payment may be made for materials and equipment other than conduits delivered to and stored at the Project site or other approved location, for use on the Project but not yet incorporated in the Work. Before accounting for these materials and equipment on the monthly estimate, the Contractor shall furnish to the Engineer paid invoices therefor. The payment will be limited to the cost shown on said invoices until incorporated into the Work.
Item Number: 10.
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9-3.4 Mobilization. Replace the entire subsection with the following:
When a Bid item is included in the Bid for "MOBILIZATION", the costs of work in advance of construction operations and not directly attributable to any specific Bid item will be included in the progress estimate.
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project site and for all other work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on the Project site.
Payments for mobilization will be made as follows:
1) When the monthly progress payment estimate of the amount earned, not including the amount earned for mobilization, is 5 percent or more of the Contract Price, the total amount earned for mobilization shall be 50 percent of the Contract Unit Price for mobilization or 5 percent of the Contract Price, whichever is less, and said amount will be included in said estimate for payment.
2) When the monthly progress payment estimate of the amount earned, not including the amount earned for mobilization, is 10 percent or more of the Contract Price, the total amount earned for mobilization shall be 75 percent of the Contract Unit Price for mobilization or 7.5 percent of the Contract Price, whichever is less, and said amount will be included in said estimate for payment.
3) When the monthly progress payment estimate of the amount earned, not including the amount earned for mobilization, is 20 percent or more of the Contract Price, the total amount earned for mobilization shall be 95 percent of the Contract Unit Price for mobilization or 9.5 percent of the Contract Price, whichever is less, and said amount will be included in said estimate for payment.
4) When the monthly progress payment estimate of the amount earned, not including the amount earned for mobilization, is 50 percent or more of the Contract Price, the total amount earned for mobilization shall be 100 percent of the Contract Unit Price for mobilization or 10 percent of the Contract Price, whichever is less, and said amount will be included in said estimate for payment.
5) After completion of the Contract Work, the amount, if any, of the Contract Item Number: 10.
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Unit Price for mobilization in excess of 10 percent of the Contract Price will be included in the final progress payment.
Add the following subsection:
9-3.5 Final Pay Items. When an item of work is designated as a Final Pay Item in the Schedule of Prices, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
The estimated quantity for each item of work designated as a Final Pay Item shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the Plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Schedule of Prices for a Final Pay Item and the quantity or summation of quantities for the same item shown on the Plans, payment will be based on the quantity shown in the Schedule of Prices.
Add the following subsection:
9-4 RESOLUTION OF CONSTRUCTION CLAIMS. Claims shall be resolved in accordance with Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code. All claims shall be in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment.
For claims of less than $50,000, the Agency will respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the Agency may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to mutual agreement of the Agency and the Contractor. The Agency's written response to the claim, as further documented, will be submitted to the Contractor within 15 days after Item Number: 10.
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receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
For claims of over $50,000 and less than or equal to $375,000, the Agency will respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the Agency may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to mutual agreement of the Agency and the Contractor. The Agency's written response to the claim, as further documented, will be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
If the Contractor disputes the Agency's written response, or the Agency fails to respond within the time prescribed, the Contractor may so notify the Agency, in writing, either within 15 days of receipt of the Agency's response or within 15 days of the Agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the Agency will schedule a meet and confer conference within 30 days for settlement of the dispute.
If following the meet and confer conference the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits its written claim until the time the claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
The following procedures apply for all civil actions filed to resolve claims subject to this Subsection:
a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court will submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
Item Number: 10.
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b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 [Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure] shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo.
c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
Item Number: 10.
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Policy Number:
Number: Effective Date:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Project Name: Reflection Park Phase II Project
Project ID No.: City of Desert Hot Springs Project No. 2025-2 City of Desert Hot Springs, shall be named under the policy as insureds or additional insureds with respect to liability arising out of the Contractor's ongoing and completed operations.
This Endorsement shall apply to claims arising from occurrences during the time period from the commencement of work until the completion of the work to be performed and the acceptance of the work by the City of Desert Hot Springs.
In the event of expiration or proposed cancellation of this policy for any reason whatsoever, the insurer shall notify the City of Desert Hot Springs by registered mail, return receipt requested, sent to the City of Desert Hot Springs c/o Community Development Director, 65-950 Pierson Blvd. ,Desert Hot Springs, CA 92240, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective.
Item Number: 10.
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SPECIAL PROVISIONS
REFLECTION PARK
GENERAL STANDARD SPECIFICATIONS
The Standard Specifications for the construction materials and construction methods as set forth in the "Standard Specifications for Public Works Construction”, Latest edition and supplements shall be the Standard Provisions for all the Work to be done and the provisions of the Contract for the Work. In case of conflict between the Standard Specifications and these Technical Provisions, the Technical Provisions shall take precedence over and prevail over such conflicting portions.
BID ITEM 1: MOBILIZATION
Mobilization shall consist of preparatory work and operations including all of the labor, equipment, tools, supplies, overhead costs, fees for bonds and permits, insurance costs, arrangements, and all others that are necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed including, but not limited to securing an adequate storage site for equipment and materials, prior to beginning work on the various contract items on the project site.
Mobilization shall include the cost of temporary water for use during construction, for compaction, and dust control. The contractor shall coordinate with the Engineer for a temporary water connection and pay for construction water by metered hydrant connection or as directed by the Engineer.
Mobilization shall include the cost to relocate existing traffic signs that conflict with proposed improvements.
The cost of time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period shall have been included in the bid.
Mobilization shall not exceed 5% of the total construction cost.
PAYMENT
Payment for the preceding shall be included in the LUMP SUM for mobilization and shall be considered full compensation including the cost for mobilizing, demobilizing, and obtaining all the required business licenses and permits.
Item Number: 10.
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BID ITEM 2: TEMPORARY CONSTRUCTION FENCE
Work under this bid item shall include all costs associated with providing, installing and removing the Temporary Construction Fence, 6’ in Height with footings and/or secured with base plate and sandbag weights satisfactory to the City Engineer.
Temporary Construction Fence shall be maintained in place during construction operations and shall be removed acceptance of the site by the City Engineer at substantial completion. The contractor shall provide shop drawings including method of temporarily securing fence in-place. Fence shall be chain link with scrim capable of withstanding required wind loads. Scrim may be deleted at the discretion of the Engineer.
PAYMENT - Payment for Temporary Construction Fence shall be at the Lump Sum (LS) contract unit price for as set forth in the Project Bid Schedule and shall be considered full compensation for cleaning, removing graffiti, repairing and maintaining fence, as well as all labor, materials, tools, equipment, and incidentals, and for doing all work involved preparation, installation and removal, for the Temporary Construction Fence, encompassing hardscape and landscape improvements on-site. No additional compensation shall be allowed.
BID ITEM 3: TRAFFIC CONTROL AND WORK SITE PROTECTION
1.1 DESCRIPTION
Traffic control, construction signing and traffic maintenance shall comply with the provisions of Subsection 7-10 of the Standard Specifications and the current requirements set forth in the "Manual of Traffic Controls for Construction and Maintenance Work Zones" and “Manual on Uniform Traffic Controls” published by the Department of Transportation, State of California, these Technical Provisions, and as directed by the Engineer.
1.2 PROTECTION OF WORK AND PUBLIC
The Contractor shall take all necessary measures to protect work and prevent accidents during all phases of the work. The Contractor shall repair all damaged new improvements as a result of vandalism (i.e., vehicle tracks, footprints, writing, etc.). If deemed necessary by the City, the Contractor shall repair, at its cost, the defective area in accordance with these Technical Provisions.
1.3 CONSTRUCTION SIGNING
Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the "Manual of Traffic Controls for Construction and Maintenance Work Zones". The traffic control system shall be installed prior to starting work and shall not be removed until all work has been completed.
Item Number: 10.
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Also, in conjunction to the public relations effort, Contractor shall supply and erect project construction information signs at the designated locations as determined by the City. Such signs shall conform to the City's specifications. Specific verbiage to be determined by the City. There shall be a minimum of two (2) such signs posted.
1.4 TRAFFIC MAINTENANCE
The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 7-10 of the Standard Specifications and these Technical Provisions.
The Contractor shall cooperate with the Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to the park drive areas.
Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. Overnight parking of construction equipment in the work zone or on adjacent roads is not permitted. Parking of construction equipment shall be confined to the approved storage site.
1.5 STRIPING
Temporary striping and marking for traffic control if required shall conform to Section 310-5.6.5 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses.
1.6 RESTRICTIONS ON SITE CLOSURE OF STREETS AND TRAFFIC LANES The Contractor shall conduct all operations so as to provide reasonable access to the existing park facilities and have no greater quantity of work under construction that can be properly constructed with a minimum of inconvenience to the public.
PAYMENT
Payment for traffic control shall be made at the contract LUMP SUM price bid and shall be considered full payment for furnishing all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Technical Provisions.
BID ITEM 4: DEMOLITION AND SITE CLEARING
Perform demolition work in a pre-planned, systematic, efficient, and orderly manner.
Deploy customary and acceptable methods as required to complete the Work indicated Item Number: 10.
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on the Plans in accordance with governing regulations.
Provide services for effective air and water pollution controls as required by City and County Air Pollution Control District and the Southern California Air Quality Management District and requirements per the PM10 plan.
Remove paving, light poles, footings etc. as indicated on the construction documents and per Section 02 05 00 Demolition included in the Technical Specifications.
1.1 DISPOSAL OF DEMOLISHED MATERIALS
All removed materials not salvaged or reused shall be removed from the project site no later than the end of each work day and transported legally for disposal at a qualified site.
If hazardous materials are encountered, notify the City Inspector immediately.
1.2 CLEANUP AND REPAIR
The Contractor, at the end of each workday, shall dispose of all removed materials from the site. The Contractor also shall protect the site and the new improvements from vandals or other damages at all times until City acceptance.
PAYMENT
Payment for demolition and site clearing shall be made at the contract LUMP SUM included in the bid price and shall have included all of the costs for labor, equipment, supplies, tools, haulers, permit and disposal dump fees, recycle fees, and other items of work to dispose of all unwanted materials and to clear, protect, and maintain the jobsite at no additional cost to the City.
BID ITEM 5: EARTHWORK AND GRADING
Earthwork and grading, including the removal / export and disposal of unclassified excavation, structural excavation, removal of excavations from planting pits, spoils from fine grading, and import of backfill as indicated on Plans, etc. for proposed improvements shall conform to the applicable portions of Section 300 of the Standard Specifications for Public Works Construction.
Such work shall include all the cost of all labor, equipment, tools, supplies, and all other costs required to:
• Arrange with DigAlert to mark all potential interfering underground wet and dry utilities within the work limits;
• To the extent possible search, identify, and mark other underground utilities that were not identified by DigAlert;
Item Number: 10.
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• Expose, cut, and cap all existing irrigation lines and components along the excavate limits;
• Excavate, remove, and properly dispose of existing interfering soil and landscape materials;
• Remove and dispose of all interfering tree roots and organic matters. Root prune as described on the Landscaping Plan;
• Grade to the elevations shown on plans. Backfill all voids and holes with similar and clean materials. Import as needed.
• Remove, and dispose of existing subgrade and compact soil backfill under the new concrete walks, monument sign, and other areas of work as shown.
PAYMENT
Payment for this item shall be made per the contract LUMP SUM bid price for earthwork, grading including the removal and disposal/export of excavated material and no additional compensation for this item of work shall be made.
BID ITEM 6: WATER POLLUTION CONTROL, PM10 / DUST CONTROL Construction activities will be conducted in a manner to protect channels, storm drains, and bodies of water from pollution. Water pollution control work shall consist of activities necessary to meet the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Area wide Urban Storm Water Runoff Permit, The State’s General Construction Activities Permit (Order No. 2009-0009-DWQ, NPDES No CAS000002, adopted September 2, 2009 and effective July 1, 2010), and as required by the Engineer. The contractor shall complete and submit PM10 forms and all work shall comply with PM10 requirements. The Contractor shall coordinate water pollution control work and PM10 Dust Control work with all other work done on the contract.
Refer to Section 01 74 20 Storm Water Pollution Control Measures.
The Contractor shall be required to comply with all requirements of the NPDES Permit, including preparation and implementation of a Storm Water / Clean Water Pollution Prevention Plan. Two (2) hard copies and one (1) electronic copy of the Pollution Prevention Site Map shall be submitted to the City for review and approval. Refer to the County’s requirements for BMP and Storm water / Clean Water Protection Program.
Refer to www.floodcontrol.co.riverside.ca.us. A hard copy of selected BMP’s and Pollution Prevention Site Map shall be retained on-site at all times as long as the contractor is responsible for the project site conditions.
Implementation of the Storm water / Clean Water Protection Program shall not reduce effectiveness of existing storm drain system or interfere with traffic on public streets.
The Contractor will implement the Storm water / Clean Water Protection Program and make changes both to the BMP’s and in the field as conditions warrant it. The Contractor will be solely responsible to prevent any pollutants from leaving the site.
Item Number: 10.
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The Contractor shall notify the City Engineer and the City of Desert Hot Springs Stormwater/Wastewater Compliance Specialist immediately upon request from any regulatory agency to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor’s records pertaining to stormwater pollution control work. The Contractor shall provide copies of correspondence, notices of violation, enforcement actions, or fines proposed by regulatory agencies to the City’s Stormwater/Wastewater Compliance Specialist.
Failure to update, implement and maintain the Storm water / Clean Water Protection Program will result in withholding of any progress payment(s) to the Contractor. Reinspection staff costs due to NPDES non-compliance will be billed to the Contractor in 15-minute increments if the Contractor fails to maintain the site, water pollution testing data, Contractor inspection forms, and/or reports as detailed in the WPCP and as site conditions warrant. Contractor will also be responsible for any enforcement actions and penalties enacted on the City by the State Water Resources Control Board, Regional Water Quality Control Board, and/or any other agency due to Contractor’s noncompliance with applicable water pollution regulations. Progress payments and/or final payments may be withheld to cover enforcement liabilities which include, but are not limited to, maximum financial penalties, legal costs, staff costs, economic savings from violations and/or costs associated with corrective actions as required by enforcing agency.
Contractor shall install erosion and sediment control measures as indicated on Improvement Plans.
PAYMENT
Payment for water pollution control and complying with NPDES and County of Riverside including Dust Control and PM10 requirements shall be at the contract LUMP SUM bid price and shall be full compensation for all items of work and all appurtenant work including installation of all erosion and sediment control measures, dust control and BMP’s, and furnishing all labor, materials, water, tools, equipment and incidentals.
BID ITEM 7: PCC PEDESTRIAN PAVEMENT 4” THICK
All concrete work shall conform to Section 201-1 of the Standard Specifications and Section 03 30 53 Miscellaneous Concrete in the Technical Specifications. Finish and color shall be per the landscape construction material schedule in the construction drawings.
PAYMENT
Payment for PCC Pedestrian Pavement 4” thick shall be per SQUARE FOOT, complete in place, and shall be in conformance with the provisions of Subsection 201-2.4, “Measurement and Payment” of the Standard Specifications. Full compensation for labor, materials, and equipment to complete the construction is considered as included in the Item Number: 10.
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price paid, and no additional compensation shall be made.
BID ITEM 8: DECOMPOSED GRANITE MULCH 3” THICK
Work under this bid items shall include all costs associated with the preparation, furnishing, and installation of Decomposed Granite Surfacing as indicated in the Construction Drawings and technical specifications Section 32 15 40 Decomposed Granite Surfacing.
Finish and color shall be per the landscape construction material schedule in the construction drawings. Decomposed Granite shall be hauled with a moisture content as required by their manufacturer safety data sheets (SDS).
PAYMENT
Payment for Decomposed Granite shall be at the contract unit price for Square Foot as set forth in the Project Bid Schedule, and shall be considered full compensation for cleaning, furnishing labor, materials, hardware, decomposed granite, tools, equipment, containers, and incidentals, and for doing all work involved in subgrade preparation, and placement of Decomposed Granite complete in-place as shown on the Plans and as directed by the City Engineer. No additional compensation shall be allowed.
BID ITEM 9: ROCK COBBLE WITH GRAVEL INFILL 6” THICK
Work under this bid items shall include all costs associated with the preparation, furnishing, and installation of Rock Cobble with Gravel Infill 6” Thick as indicated on the construction material schedule and construction details located in Construction Drawings.
Finish and color shall be per the landscape construction material schedule in the construction drawings.
PAYMENT
Payment for Rock Cobble with Gravel Infill 6” Thick shall be at the contract unit price for Square Foot as set forth in the Project Bid Schedule and shall be considered full compensation for furnishing ornamental rock, ornamental gravel, labor, materials, hardware, tools, equipment, and incidentals, and for doing all work involved in subgrade preparation, and placement of Rock Cobble with Gravel Infill complete in-place as shown on the Plans and as directed by the City Engineer. No additional compensation shall be allowed.
Item Number: 10.
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BID ITEM 10: PCC MAINTENANCE BAND 6” WIDE
PCC Maintenance Band shall be constructed in accordance with standards and details as indicated on Plans. PCC Maintenance band color and finish shall be as indicated on the construction material schedule located in the construction drawings. Top of curb elevation shall be flush with adjacent PCC walkway. The finished surface shall be free from blemishes. Refer to Sections 03 10 00 Concrete Formwork, Section 03 20 22 Concrete Reinforcement, and Section 03 30 53 Miscellaneous Concrete.
PAYMENT
Payment for PCC Maintenance Band shall be at the contract unit price per LINEAR FOOT. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work in place and no additional compensation shall be made.
BID ITEM 11: REINSTALL 6’ HT. SALVAGED FENCE WITH NEW POSTS AND
FOOTINGS
Work under this bid item shall include all costs associated with the preparation and reinstallation of the 6’ height salvaged metal fence with new posts and footings in a new location as indicated on the construction drawings and per specifications: Section 32 16 00 Ornamental Metal Fence and Gates, and Section 03 30 53 Miscellaneous Concrete.
All fence panels shall be salvaged and reinstalled with new posts, mounting hardware, and footings. All components shall be primed with 2 coats of metal primer and painted with 2 colors of paint. Unless indicated otherwise in the construction material schedule and construction plans, paint color shall match the existing metal fence.
Do not step fence. Fence shall be raked to follow site contours. Review grading and fence layout with the Engineer prior to digging footings. Fine grade area immediately adjacent to the fence to maintain 2 – 3” maximum between the finish grade and lower fence rail.
PAYMENT
Payment for the reinstallation of the 6’ ht. salvaged fence with new posts and footings shall be at the contract unit price for Linear Foot (LF) as set forth in the Project Bid Schedule and shall be considered full compensation for cleaning, furnishing labor, materials, inspections, testing, primer, paint, new fittings, welding, tools, equipment, containers, and incidentals for doing all work involved in fabrication, preparation, installation, complete in-place, with color and finish as shown on the Plans. No additional compensation shall be allowed.
BID ITEM 12: NEW 6’ HT. METAL FENCE
Item Number: 10.
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Work under this bid item shall include all costs associated with the preparation, furnishing, and installation of the 6’ height metal fence as indicated on the construction drawings and per specifications: Section 32 16 00 Ornamental Metal Fence and Gates, and Section 03 30 53 Miscellaneous Concrete. New metal fence shall match the existing fence in style, height, color and finish.
Do not step fence. Fence shall be raked to follow site contours. Review grading and fence layout with the Engineer prior to digging footings. Fine grade area immediately adjacent to the fence to maintain 2 – 3” maximum between the finish grade and lower fence rail.
PAYMENT
Payment for the New 6’ ht. metal fence shall be at the contract unit price for Linear Foot (LF) as set forth in the Project Bid Schedule and shall be considered full compensation for cleaning, furnishing labor, materials, inspections, testing, welding, tools, equipment, containers, and incidentals for doing all work involved in fabrication, preparation, installation, complete in-place, with color and finish as shown on the Plans.
No additional compensation shall be allowed.
BID ITEMS 13, 14, & 15: LANDSCAPE BOULDERS
Work under these bid items shall include all costs associated with the preparation, furnishing, and installation of Boulders with sizes as indicated on the construction material schedule in the construction drawings. Boulders shall have one side meet the required length to be accepted by the Engineer.
Boulders are to be installed 1/3 buried per the landscape details located in the construction drawings. Finish and color shall be per the landscape construction material schedule in the construction drawings.
PAYMENT
Payment for Boulders shall be at the contract unit price for Each (EA) as set forth in the Project Bid Schedule and shall be considered full compensation for furnishing Boulders, labor, tools, equipment, and incidentals for doing all work involved in subgrade preparation, and placement of Boulders complete in-place as shown on the Plans and as directed by the City Engineer. No additional compensation shall be allowed.
BID ITEM 16: SALVAGED BOULDERS
Work under these bid items shall include all costs associated with the preparation, and reinstallation of salvaged Boulders located on site to new locations identified in the Item Number: 10.
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construction drawings. New placement and orientation shall be approved by the Engineer.
Boulders are to be installed 1/3 buried per the landscape details located in the construction drawings.
PAYMENT
Payment for the reinstallation of Salvaged Boulders shall be at the contract unit price for Each (EA) as set forth in the Project Bid Schedule and shall be considered full compensation for furnishing labor, tools, equipment, and incidentals for doing all work involved in subgrade preparation, and placement of Boulders complete in-place as shown on the Plans and as directed by the City Engineer. No additional compensation shall be allowed.
BID ITEM 17: MONUMENT SIGN WITH SOLAR LIGHT
Work under this bid item shall include all costs associated with the construction of Monument sign with solar light, including construction of the monument footing, CMU construction, tile, veneer, lettering, wall cap, non-sacrificial anti-graffiti coating, and fabrication of the metal cap with interior solar light, with colors and finishes as indicated on the Construction Material Schedule and in the Construction details located in the construction drawings and specifications: Section 02 80 50 Non-sacrificial Anti-graffiti Coating, Section 03 11 13 Concrete Formwork, Section 03 20 00 Concrete Reinforcement, Section 03 30 53 Miscellaneous Concrete, Section 04 20 00 Concrete Masonry Units, and Section 05 50 00 Metal Fabrications.
PAYMENT
Payment for Monument Sign with Solar Light, shall be at the Lump Sum (LS) contract unit price as set forth in the Project Bid Schedule and shall be considered full compensation for furnishing labor, materials, inspections, internal solar light, nonsacrificial anti-graffiti coatings, reinforcement, tools, equipment, containers, and incidentals, and for doing all work involved in subgrade preparation, forming, and construction Cast-in-place (CIP) and/or Concrete Masonry Unit (CMU) Walls complete inplace as shown on the Construction Drawings. No additional compensation shall be allowed.
BID ITEM 18: SOIL PREP AND FINE GRADING
Work under this bid item shall include all costs associated with Soil Preparation and Fine Grading as indicated on the Landscape Planting notes in the Construction Item Number: 10.
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Documents and specifications Section 32 90 00 Landscaping. This work shall include agronomic soils testing as required per the Landscape Planting notes.
PAYMENT - Payment for Soil Preparation and Fine Grading shall be at the contract unit price for Square Foot (SF) as set forth in the Project Bid Schedule and shall be considered full compensation for providing all labor, materials, tools, equipment, testing, disposals of spoils, and other related work as required. No additional compensation shall be allowed. Payment for this item of work shall be paid as a percentage of completed work to date. No additional compensation shall be allowed.
BID ITEM 19: WEED ABATEMENT
Work under this bid item shall include all costs associated with Weed Abatement as required per the Landscape Planting notes in the Construction Plans and specifications Section 32 90 00 Landscaping. Weed Abatement shall comply with local code requirements. On-going weed abatement will be required during construction and into the construction maintenance period.
PAYMENT
Payment for Weed Abatement shall be at the contract unit price for Square Foot (SF) as set forth in the Project Bid Schedule and shall be considered full compensation for providing all labor, materials, tools, equipment, disposals, and other related work as required. No additional compensation shall be allowed. Payment for this item of work shall be paid as a percentage of completed work to date. No additional compensation shall be allowed.
BID ITEM 20: IRRIGATION
Work under this bid item shall include all costs associated with furnishing and installing the automatic Irrigation System per the irrigation plans, legends, notes, details and calculations in the construction drawings and specifications: Section 32 81 00 Irrigation.
The contractor shall be responsible for locating, coordinating, and replacing the existing 1” meter and backflow with local agencies and shall pay any fees and permit costs. The new irrigation system shall be installed complete with solar controller as indicated on the plans.
PAYMENT
Payment for Irrigation shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall be considered full compensation for furnishing equipment, as-builts, all materials, labor, service connections, and irrigation equipment, such as spray heads, drip line tubing, drip emitters, valves, PVC piping, sleeving, backflow preventer, quick couplers and irrigation controller, flow sensors, wire, gate Item Number: 10.
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valves, conduit, for the Irrigation System complete and operational in place as shown on the plans and specifications with acceptance from the City’s Maintenance Division. No additional compensation shall be allowed.
BID ITEM 21: PALM TREES 18’ BTH
Work under this bid item shall include all costs associated with the furnishing and installation of the Palm Trees of the species indicated in the construction documents and of an 18’ nursery standard size for Brown Trunk Height and quality as prescribed in the Technical Specifications Section 32 90 00 Landscaping, Section 32 93 45 Palm Trees, Section 32 93 95 Ninety Day Maintenance, and Section 32 81 00 Irrigation.
PAYMENT
Payment for Palm Trees shall be paid for at the contract price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved to complete in place. No additional compensation shall be allowed.
BID ITEM 22: SHRUBS – 5 GAL
Work under this bid item shall include all costs associated with the furnishing and installation of the Shrubs of the species and size indicated in the construction documents and of a nursery standard size and quality as prescribed in the Technical Specifications Section 02 90 00 Landscaping.
PAYMENT
Payment for Shrubs shall be paid for at the contract price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved to complete in place. No additional compensation shall be allowed.
BID ITEM 23: 90-DAY MAINTENANCE PERIOD
Work under this bid item shall include all costs associated with the Ninety Day Maintenance Period per technical specifications Section 32 93 95 and as per the direction of the City Engineer.
PAYMENT
Payment for the Ninety Day Maintenance shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mulching, removals and incidentals for doing all work involved, complete and in place. No additional compensation shall be allowed.
Item Number: 10.
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BID ITEM 24: LIGHT POLES W/SOLAR FIXTURES
Work under this bid item shall include all costs associated with the furnishing and installation all Light pole and Solar fixtures fully operational, complete and in place, with footings and base plate covers as indicated on the Electrical Plans and all Electrical technical specifications Sections 26 00 10 through Section 26 56 00 and Section 03 30 53 Miscellaneous Concrete.
The contractor shall provide structural footing designs for the 16’ solar light poles including calculations and details indicating steel reinforcement. Footings shall be 24” in diameter with their top of foundation 6” above the adjacent finish surface. Footing depth and reinforcement shall be per the contractor’s structural design. This cost shall be included in the contractor’s line-item bid for Solar Lighting.
Poles shall be 16’ in height with color and finish per the landscape architect and Engineer. Submit cut sheets with color selection and finish to the Engineer and Landscape Architect. Light pole shall have a tamper resistant or single piece base plate cover.
PAYMENT - Payment for the Light Poles with Solar Fixtures shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall be considered full compensation for furnishing labor, materials, tools, equipment, containers, steel plates, fittings, components, conduit, pullboxes, hardware, footings, panels, and equipment described in the construction drawings and specifications including incidentals for doing all work involved in hauling, excavation, lifting, assembling, compaction, testing, complete and in place as shown on the plans, specifications, structural details, and calculations. No additional compensation shall be allowed.
BID ITEM 25: SOLAR LIGHTS AT PALMS AND MONUMENT
Work under this bid item shall include all costs associated with the furnishing and installation all solar up lights located at the palm trees, solar up lights at monument sign, and solar light located inside the monument sign cap, fully operational, complete and in place, with concrete footings and secure attachments as indicated on the Electrical Plans and all Electrical technical specifications Sections 26 00 10 thru Section 26 56 00 and Section 03 30 53 Miscellaneous Concrete.
All light fixtures to be installed with concrete footing to the satisfaction of the Engineer including concrete rings for up lights.
PAYMENT
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Payment for the Solar Lights at Palms and Monument shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall be considered full compensation for furnishing labor, materials, tools, equipment, containers, steel plates, fittings, components, conduit, pullboxes, hardware, footings, panels, and equipment described in the construction drawings and specifications including incidentals for doing all work involved in hauling, excavation, lifting, assembling, compaction, testing, complete and in place as shown on the plans, specifications, structural details, and calculations. No additional compensation shall be allowed.
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SR-25-178
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: Public Works
Prepared by: Raul Arauz, Associate Engineer
Subject: Award Construction Agreement for the Wardman Park Improvement Project, Project #: 4012
RECOMMENDATION:
1) Award the construction agreement for Wardman Park Project, City Project No. 4012, to the lowest responsive qualified bidder Landmark Associated Builders, inc.; and 2) Authorize the City Manager to draft and execute the construction agreement for Wardman Park Improvement Project, City Project No. 4012, with Landmark Associated Builders, Inc., in an amount not to exceed $179,500.00 (Base Bid), with a 10% contingency of $17,950.00 bringing the total amount to $197,450.00, and approve a total project budget in an amount of $232,442.00. for additional project expenses for construction management.
BACKGROUND:
The Wardman Park Improvement Project will improve the existing park site, by providing shade structures over the existing Home & Visitor’s team bleacher seating areas on the upper and lower Little League baseball’s fields. Wardman Park is located at 66190 8th St, on the northwest corner of Cactus Dr and 8th Street. The project consists of the fabrication and installation of four (4) preengineered shade structures over the existing bleacher seating area. These are intended to improve the aesthetics of the park while providing shaded seating areas for the Little League teams, their families, youth sports enthusiasts and the community.
On November 7, 2023, City Council adopted a resolution of the City Council authorizing the City of Desert Hot Springs to participate in and authorize the City Manager to approve all agreements and necessary documents associated with the Community Development Block Grant for Fiscal Year 2024-2025.
On June 17, 2025, City Council approved Two Year Budget for All Funds and Capital Improvement Projects for Fiscal Year 2025-2026 and Fiscal Year 2026-2027, appropriating $189,809.00 for the Wardman Park Shade Structures.
DISCUSSION:
On April 16, 2025, the City received approval from Riverside County to issue a Notice of Inviting Bids for construction of Wardman Park Improvement Project, City Project No. 4012. The Notice of Inviting Bids was posted on the City’s website on April 24, 2025, and with Planit Reprographics, a local valley Item Number: 11.
SR-25-178
clearing house for public bid solicitations. The Notice of Inviting Bids was released for 35 days, closing on May 29, 2025.
On May 29, 2025, City Staff received and publicly opened one (1) bid package from Landmark Associated Builders, Inc. in the amount of $224,375.00, this amount included a base bid of $179,500.00 and an additive alternate for $44,875.00 for removing and replacing a shade structure over the existing BBQ/Picnic area. At this time Staff recommends awarding only the base bid of $179,500.00 which is below the engineer’s estimate of $185,000.00 and within the CDBG funding of $189,809.00. Landmark’s bid packet is included as an exhibit.
City Staff, as well as the County of Riverside CDBG Coordinator, reviewed Landmark’s bid and verified all submittals and determined them to be the lowest responsible bidder with a total bid amount of $224,375.00, of which $179,500.00 corresponds to the base bid. City Staff verified references and found Landmark to meet the necessary qualifications.
FISCAL IMPACT:
Construction Cost:
Contract Amount (base bid) = $179,500.00
Contingency 10% = $17,950.00
Construction Management and Certified payroll = $29,992.00 Material Testing Services = $5,000 (estimated)
Total Project Budget = $232,442.00.
Funding Sources
Fiscal Year 2025/26
CDBG FY24/25 = $189,809.00
Quimby Funds = $42,633.00
Total Project Budget = $232,442.00.
OPTIONAL:
Strategic Alignment
This initiative supports the following goals of the City's Strategic Plan:
Goal 7: Community Parks - Provide strategic upgrades to existing parks ATTACHMENTS:
1) Notice Inviting Bids & RFP - Wardman Park
2) Bid Opening
3) Landmark Associated Builders, Inc. - Bid Submittal
Item Number: 11.
NOTICE INVITING SEALED BID PROPOSALS
For
Wardman Park Improvement Project
CITY PROJECT NO. 4012
CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for installing shade structures, and other work required as more particularly described in the plans and specifications under City Project No. 4012, Wardman Park Improvement Project, in the City of Desert Hot Springs.
The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2;00 P.M. on May 29, 2025. Public Works “Bid:
Wardman Park Improvement Project, City Project No. 4012” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:05 P.M. on May 29, 2025.
The Prospective Bidders who will submit Bid Proposals are advised that a “Pre-Bid Conference” for this project will be held at 11 A.M. on Monday, May 14, 2025, at the Wardman Park, located at 66190 8th Street, Desert Hot Springs, CA 92240. Attendance at this meeting is not mandatory for award of the contract.
Each submitted bid proposal must be accompanied by a
certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.
No bid proposal will be accepted from a CONTRACTOR who
has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “A” or Class “B” contractor's license.
Item Number: 11.
The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.
TIME OF COMPLETION AND LIQUIDATED DAMAGES:
BIDD
ER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 60 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for are ONLY available to be ordered online at:
www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Jesus Lopez at (760) 329- 6411 Ext. 221.
The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at
www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2015 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site:
http://caltrans-opac.ca.gov/publicat.htm.
ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Prebid inquiries and questions shall be directed to Jesus Lopez, via email at [email protected] and include “Pre-bid Questions for Wardman Park Improvement Project, City Project No. 4012” in the “Subject Line”.
Prebid questions will only be accepted from Tuesday, May 6, 2025, through Monday May 19, 2025 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not Item Number: 11.
be answered.
The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.
The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non- responsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.
A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.
The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.
All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.
The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders.
Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.
The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:
A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.
A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.
Item Number: 11.
A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
A “Certificate of Worker’s Compensation Insurance”.
And a “Certificate of Commercial Vehicle Liability Insurance” See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council.
Bonding forms are included in this document.
As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.
Affirmative action to ensure against discrimination in
employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
The City supports and encourages equal opportunity contracting.
FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions.
PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments Item Number: 11.
for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.
The Federal minimum wage rate requirements, as
predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.
Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $185,000
Item Number: 11.
PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.
April 24, 2025 Request For Proposal Released
May 14, 2025 Pre-Bid Job Walk @ 11:00 AM
May 19, 2025 Last day for bidder to submit questions
May 29, 2025 Sealed Bids Submitted by 2:00PM
June 17, 2025 Anticipated award of construction contract July 7, 2025 Contracts fully executed/ Notice to proceed issued July 7, 2025 Pre-Construction meeting
September 5, 2025 Construction completed.
CITY OF DESERT HOT SPRINGS
JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Released: April 24, 2025
Advertised: April 30, 2025, and May 7, 2025
Item Number: 11.