7 corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
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 as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
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 DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, 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 (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction 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 shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which 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. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990). - 222 -
8 3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance - 223 -
9 with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant - 224 -
10 who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
- 225 -
11 submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier - 226 -
12 subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. - 227 -
13 ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
- 228 -
General Decision Number: CA180037 12/21/2018 CA37
Superseded General Decision Number: CA20170037
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: San Bernardino County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 01/19/2018
3 02/09/2018
4 05/04/2018
5 05/18/2018
6 06/15/2018
7 06/29/2018
8 07/06/2018
9 07/13/2018
- 229 -
10 07/20/2018
11 08/17/2018
12 08/24/2018
13 08/31/2018
14 09/07/2018
15 09/28/2018
16 10/05/2018
17 11/02/2018
18 12/07/2018
19 12/21/2018
ASBE0005-002 07/01/2018
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 39.72 20.81
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 27.92 18.31
---------------------------------------------------------------- ASBE0005-004 07/02/2018
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 19.93 11.72
---------------------------------------------------------------- BOIL0092-003 03/01/2018
Rates Fringes
- 230 -
BOILERMAKER......................$ 44.07 33.52
---------------------------------------------------------------- * BRCA0004-011 05/01/2018
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BRICKLAYER; MARBLE SETTER........$ 40.39 13.65
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 07/01/2017
Rates Fringes
MARBLE FINISHER..................$ 30.93 12.95
TILE FINISHER....................$ 25.98 11.23
TILE LAYER.......................$ 37.76 16.37
---------------------------------------------------------------- BRCA0018-010 09/01/2017
Rates Fringes
TERRAZZO FINISHER................$ 29.75 12.91
TERRAZZO WORKER/SETTER...........$ 36.75 13.82
---------------------------------------------------------------- CARP0409-001 07/01/2018
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 41.84 19.17
(2) Millwright..............$ 42.91 19.17
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
- 231 -
Rockslinger, Shingler
(Commercial)................$ 42.54 19.17
(4) Pneumatic Nailer,
Power Stapler...............$ 40.09 19.17
(5) Sawfiler...............$ 39.83 19.17
(6) Scaffold Builder.......$ 31.60 19.17
(7) Table Power Saw
Operator....................$ 40.93 19.17
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0409-002 07/01/2016
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Diver
(1) Wet.....................$ 712.48 17.03
(2) Standby.................$ 356.24 17.03
(3) Tender..................$ 348.24 17.03
(4) Assistant Tender........$ 324.24 17.03
Amounts in "Rates' column are per day
---------------------------------------------------------------- * CARP0409-005 07/01/2015
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 37.35 11.08
STOCKER/SCRAPPER............$ 10.00 7.17
---------------------------------------------------------------- CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer......$ 17.00 7.41
---------------------------------------------------------------- ELEC0440-004 01/01/2018
- 232 -
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer...................$ 32.49 3%+13.52
Technician..................$ 30.18 4%+11.45
SCOPE OF WORK:
Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarms, and low voltage master clock systems in commercial buildings. Communication Systems
that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data
systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station.
---------------------------------------------------------------- ELEC0477-002 06/01/2018
Rates Fringes
Electricians:....................$ 38.29 3%+24.24
CABLE SPLICER: $1.50 per hour above Electrician rate.
TUNNEL WORK: 10% above Electrician rate.
ZONE PAY:
Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all
contractors
Zone B - Any work performed outside Zone A's 80 road miles, shall add $12.00 per hour to the current wage scale.
- 233 -
---------------------------------------------------------------- ELEC1245-001 06/01/2018
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LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 56.79 17.91
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 45.36 16.74
(3) Groundman...............$ 34.68 16.36
(4) Powderman...............$ 49.55 3%+17.65
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2018
Rates Fringes
ELEVATOR MECHANIC................$ 53.85 32.645
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-003 07/01/2018
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 45.30 25.25
GROUP 2....................$ 46.08 25.25
- 234 -
GROUP 3....................$ 46.37 25.25
GROUP 4....................$ 47.86 25.25
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 48.08 25.25
GROUP 8....................$ 48.19 25.25
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 48.31 25.25
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 48.48 25.25
GROUP 13....................$ 48.58 25.25
GROUP 14....................$ 48.61 25.25
GROUP 15....................$ 48.69 25.25
GROUP 16....................$ 48.81 25.25
GROUP 17....................$ 48.98 25.25
GROUP 18....................$ 49.08 25.25
GROUP 19....................$ 49.19 25.25
GROUP 20....................$ 49.31 25.25
GROUP 21....................$ 49.48 25.25
GROUP 22....................$ 49.58 25.25
GROUP 23....................$ 49.69 25.25
GROUP 24....................$ 49.81 25.25
GROUP 25....................$ 49.98 25.25
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 46.65 25.25
GROUP 2....................$ 47.43 25.25
GROUP 3....................$ 47.72 25.25
GROUP 4....................$ 47.86 25.25
GROUP 5....................$ 48.08 25.25
GROUP 6....................$ 48.19 25.25
GROUP 7....................$ 48.31 25.25
GROUP 8....................$ 48.48 25.25
GROUP 9....................$ 48.65 25.25
GROUP 10....................$ 49.65 25.25
GROUP 11....................$ 50.65 25.25
GROUP 12....................$ 51.65 25.25
GROUP 13....................$ 52.65 25.25
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 47.15 25.25
GROUP 2....................$ 47.93 25.25
GROUP 3....................$ 48.22 25.25
GROUP 4....................$ 48.39 25.25
GROUP 5....................$ 48.58 25.25
GROUP 6....................$ 48.69 25.25
- 235 -
GROUP 7....................$ 48.81 25.25
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine - 236 -
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; - 237 -
Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
- 238 -
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 - 239 -
yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
- 240 -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist - 241 -
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over - 242 -
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection - 243 -
of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, - 244 -
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of - 245 -
Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2015
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 49.50 23.60
(2) Dredge dozer............$ 43.53 23.60
(3) Deckmate................$ 43.42 23.60
(4) Winch operator (stern
winch on dredge)............$ 42.87 23.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 42.33 23.60
(6) Barge Mate..............$ 42.94 23.60
---------------------------------------------------------------- IRON0377-002 07/01/2018
Rates Fringes
Ironworkers:
Fence Erector...............$ 31.58 22.41
Ornamental, Reinforcing
and Structural..............$ 38.00 31.05
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine - 246 -
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 01/01/2018
Rates Fringes
Asbestos Removal Laborer.........$ 33.19 17.78
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2018
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 42.18 18.27
GROUP 2.....................$ 41.23 18.27
GROUP 3.....................$ 37.69 18.27
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar - 247 -
type of structure, when such structure is in excess of
75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0783-002 07/01/2018
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 40.19 19.07
GROUP 2.....................$ 40.51 19.07
GROUP 3.....................$ 40.97 19.07
GROUP 4.....................$ 41.66 19.07
LABORER
GROUP 1.....................$ 34.24 19.07
GROUP 2.....................$ 34.79 19.07
GROUP 3.....................$ 35.34 19.07
GROUP 4.....................$ 36.89 19.07
GROUP 5.....................$ 37.24 19.07
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, - 248 -
repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
- 249 -
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, - 250 -
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0783-005 07/01/2018
Rates Fringes
Brick Tender.....................$ 32.26 18.40
---------------------------------------------------------------- LABO1184-001 07/01/2018
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 35.70 14.03
(2) Vehicle Operator/Hauler.$ 35.87 14.03
(3) Horizontal Directional
Drill Operator..............$ 37.72 14.03
(4) Electronic Tracking
Locator.....................$ 39.72 14.03
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 35.86 16.21
GROUP 2.....................$ 37.16 16.21
GROUP 3.....................$ 39.17 16.21
GROUP 4.....................$ 40.91 16.21
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
- 251 -
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1414-003 08/08/2018
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 33.82 19.40
PLASTER TENDER..............$ 36.37 19.40
Work on a swing stage scaffold: $1.00 per hour additional.
Work at Military Bases - $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station, Vandenberg AFB.
---------------------------------------------------------------- PAIN0036-001 07/01/2018
Rates Fringes
- 252 -
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 27.59 14.92
(2) All Other Work..........$ 31.12 15.04
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-008 10/01/2018
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 40.18 19.22
---------------------------------------------------------------- PAIN0036-015 06/01/2018
Rates Fringes
GLAZIER..........................$ 42.20 25.50
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 05/01/2018
Rates Fringes
SOFT FLOOR LAYER.................$ 33.85 14.56
---------------------------------------------------------------- PLAS0200-008 08/01/2018
Rates Fringes
PLASTERER........................$ 36.86 18.00
FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. - 253 -
---------------------------------------------------------------- PLAS0500-002 07/01/2018
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 35.75 22.48
---------------------------------------------------------------- PLUM0016-002 09/01/2018
Rates Fringes
PLUMBER, PIPEFITTER,
STEAMFITTER
Plumber and Pipefitter
All other work except
work on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft.
of floor space and work
on strip malls, light
commercial, tenant
improvement and remodel
work.......................$ 50.13 22.16
Work at Edwards AFB........$ 57.13 22.16
Work at Fort Irwin Army
Base, Marine Corps
Logistic Base at Nebo,
Marine Corps Logistic Base
at Yermo and Twenty-Nine
Palms Marine Base...........$ 60.03 22.16
Work ONLY on new additions
and remodeling of bars,
restaurants, stores and
commercial buildings, not
to exceed 5,000 sq. ft. of
floor space.................$ 48.58 21.18
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 37.10 19.51
---------------------------------------------------------------- PLUM0345-001 07/01/2017
Rates Fringes
- 254 -
PLUMBER
Landscape/Irrigation Fitter.$ 32.30 21.00
Sewer & Storm Drain Work....$ 33.24 17.13
---------------------------------------------------------------- ROOF0036-002 08/01/2018
Rates Fringes
ROOFER...........................$ 38.12 16.97
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay.
---------------------------------------------------------------- SFCA0669-009 04/01/2018
Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario
Rates Fringes
SPRINKLER FITTER.................$ 39.73 21.90
---------------------------------------------------------------- SFCA0709-004 01/01/2018
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO:
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 42.26 25.92
---------------------------------------------------------------- SHEE0105-003 07/01/2018
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO
COUNTIES
- 255 -
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 44.28 28.46
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 44.28 28.46
---------------------------------------------------------------- TEAM0011-002 07/01/2018
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 30.59 28.59
GROUP 2....................$ 30.74 28.59
GROUP 3....................$ 30.87 28.59
GROUP 4....................$ 31.06 28.59
GROUP 5....................$ 31.09 28.59
GROUP 6....................$ 31.12 28.59
GROUP 7....................$ 31.37 28.59
GROUP 8....................$ 31.62 28.59
GROUP 9....................$ 31.82 28.59
GROUP 10....................$ 32.12 28.59
GROUP 11....................$ 32.62 28.59
GROUP 12....................$ 33.05 28.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
- 256 -
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
- 257 -
operation to which welding is incidental.
============================================================= ===
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were - 258 -
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. - 259 -
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
- 260 -
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ============================================================= ===
END OF GENERAL DECISION
- 261 -
REQUEST FOR PROPOSAL
TO PROVIDE
CONSTRUCTION MANAGEMENT SERVICES
For the
Split Rock Avenue Bridge
Federal-Aid Project Number BR-NBIL(533)
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Telephone: (760) 367-6799
April 9, 2024
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
I. INVITATION
The City of Twentynine Palms is soliciting Proposals from qualified firms (Proposer) to provide professional Resident Engineer, Structure Representative, inspection, materials testing, construction staking quality assurance, environmental monitoring coordination, and contract administration services for the “Split Rock Avenue Bridge” project.
Major elements of the project include the following:
• 17,625 CY of channel excavation
• 663 TON of hot mix asphalt
• 10,135 CY of concreted-rock slope protection and 3,439 CY of rock slope protection • 429 CY of bridge structural concrete
• 81,531 LB of bridge bar reinforcing steel
• Bridge is 73 ft. long and 46 ft. wide
• Total new pavement is 520ft. long
• Channel rock protection is 770 ft. long
• 2 traffic lanes; one each way
This phase of the project is partially funded with Federal funds and, therefore, the work must conform to all Federal requirements and the Proposer should be familiar with administering projects with federal funds.
II. BACKGROUND
The project consists of replacing an existing 2-lane low water crossing with a new 2-lane bridge on Split Rock Avenue across the Twentynine Palms Flood Control Channel north of State Route 62 from Buena Vista Drive to Bagley Avenue in the City of Twentynine Palms using Highway Bridge Funds.
The existing facility consists of a low-water crossing which floods with water during summer monsoonal rains and other large precipitation events. These events continue to compromise the structural integrity of the roadway and pose a hazard for local residents during large storm events. Creation of the two-lane bridge will provide for multimodal safety, ensure compliance with current safety standards, and provide access across the drainage area during precipitation events.
The NEPA Categorical Exemption/Categorical Exclusion Determination revalidation was approved on 04/04/2023. The attached Environmental Determination also describes the purpose and need for the project and also stipulates the requirements for biological monitoring.
III. SCOPE OF SERVICES
General Requirements
The City requires the services of a competent and experienced consulting engineering firm (CM) to provide all administration and construction management services for the construction of the Split Rock Avenue Bridge project. The scope of services includes, but is not limited to, administration of the construction contract, quality control, materials testing, inspection, coordination of environmental monitoring, and surveying quality control. The successful firm shall provide a field site representative who is a licensed professional civil engineer in the
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
State of California, and who will be subject to the approval of the City, to perform and function as the Resident Engineer (RE). Significant preference will be given to firms that propose a RE with at least ten years of RE experience on projects of similar size and type, and that have been completed using Caltrans procedures and guidelines.
A Structure Representative (SR) will also be required for the full duration of the structural work. Significant preference will be given to firms that propose a SR with at least 5 years of experience completing structures that involve deep soil foundations and similar bridge type construction.
In addition to the RE and SR, the CM shall provide qualified support staff, including subconsultants, to assist the City in managing the Project, monitoring construction staking, coordinating the environmental monitoring services, providing inspection and testing services, and monitoring the work performance of the Construction Contractor. The CM team shall be available as necessary to support the work upon receipt of the Notice to Proceed for this contract.
The CM Project Manager (PM) and RE shall report directly to the City. The CM PM and the RE can be the same person.
Scope of Service
See Attachment B for the planned Scope of Services for the CM firm. Provide an outline of the Scope of Services in accordance with Attachment B that include modifications or methodology suggestions your firm recommends are appropriate for this project based on your experience. Include a description of why the changes are recommended.
Field Office
City will assist in designating an area on the plans for a construction yard and field office trailers for both the contractor and CM firm. The CM firm will shall provide and equip its own trailer. City, through the construction contractor, will provide power and sewer pump service to the CM trailer. All other services, office equipment and materials needed to successfully manage the project shall be provided by the CM.
The trailer location will be available within 30 days of the construction contractor being issued a Notice to Proceed.
IV. FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section. Provide the information in the specified order. Failure to include all of the elements specified may be cause for rejection. Additional information may be provided but should be succinct and relevant to the goals of this RFP. Excessive information will not be considered favorably.
The Consultant’s Proposal package shall be limited to 40 single-sided 8.5-inch by 11-inch pages. Charts, exhibits, and schedules may be included in 11-inch by 17-inch page format and shall be folded to fit into an 8.5-inch by 11-inch sheet and will count as one (1) page. The page limit does not include the outside cover, section dividers, cover letters, and sub consultant commitment memorandum, Scope of Services, or contract comments. Proposals that do not contain the required information as described in this RFP or do not contain the required number of copies (8 copies) may be rejected.
A. Cover Letter with the following information:
• Title of this RFP
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
• Name and Mailing Address of Firm (include physical location if mailing address is a PO Box)
• Contact Person, Telephone Number, Fax Number, and Email Address • A statement that the submitting firm will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).
• Acknowledgement that all proposals may be considered public information. Subsequent to award of a contract, or rejection of all proposals, all of part of any submittal may be released to any person or firm who may request it. Therefore, proposers shall specify in their Cover Letter if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge. • The Cover Letter must be signed by an officer empowered by the Consultant to sign such material and thereby commit the Consultant to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter a binding contract.
B. Capabilities of Firm / Team
Provide a brief narrative of your firm’s approach to the project. Include information related to the Firm’s Organization, including its constituent parts, and size variation of staffing levels over the past five years.
Provide relevant summaries of the firm’s experience with similar projects. The summaries should include the dates and duration of the project, one reference and a brief description of the project. The description is to include, at a minimum, an outline of the complexities of the project and the firm’s approach to the completing the project. Related experience to local agency projects using Caltrans standards of similar size and magnitude should be included in this summary, including consultant staff that worked on the project. Preference is given to project references that demonstrate an understanding by staff proposed for this project of the type of work relevant in this RFP.
C. Qualifications and Availability of Proposed Staff
Identify specific staff members to be assigned to the project and a table showing the percentage of time key staff members are available during the course of the project.
Provide a brief summary of the qualifications and experience of each team member assigned, including length of service with the firm and résumé, and the qualifications/experience of any sub consultant staff on your project team. Include an organization chart. Résumés should not be more than two (2) pages for key team members and one page or less for support staff.
Describe current and anticipated workload of each team member; include a discussion of project commitments made to other agencies and a table showing the percentage of time key staff members are available during the course of the projects.
Identify and include qualifications and experience of any subconsultant(s) to be used. Identify the services which would be completed by your firm’s staff and those provided by subconsultant(s).
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
D. Project Understanding & Approach
Provide a detailed discussion of your firm’s approach to the successful implementation of the project. Include thorough discussions of methodologies you believe are essential to accomplishing this project including engineering constraints, milestones, and required approvals relating to the projects. Include a proposed work schedule to accomplish all of the required tasks within the desired timeline; the schedule should include submittal review/approval times for the City and other project stakeholders. Identify the staff who would be assigned to each task, including sub consultants.
Provide an outline, from the details in Section III - Scope of Services, of your firm’s plan to accomplish the project and include any special services your firm offers to meet the City’s need for a timely completion and overall success.
Illustrate to the City how your firm will manage the construction of the project effectively from the initial plan, specification and estimate review to the final punch list and close-out.
E. Contract Exceptions/Deviations
Provide a written discussion of any objections or concerns relative to the Terms and Conditions of the attached City Contract Services Agreement (CSA). Refer to Section VI.2 and Attachment C. Please note that the City expects making no substantive changes to the CSA Terms and Conditions.
If the Consultant has ever been terminated from a contract, describe the facts and circumstances in detail on a separate sheet.
V. EVALUATION CRITERIA
After the Proposal have been received and opened by the City, a selection committee will review and evaluate all Proposal for responsiveness to the RFP to determine whether the Respondent possesses the professional qualifications necessary for the satisfactory performance of the services required. The selection committee will determine and recommend the most qualified firm by applying the following criteria:
Criteria Max Points Rating
Understanding of the work to be done 25
Experience with similar kinds of work 20
Quality of staff for work to be done 15
Capability of developing innovative or advanced techniques 10 Familiarity with state and federal procedures 10
Financial responsibility 10
Demonstrated Technical Ability 10
Total 100
VI. ADDITIONAL INFORMATION
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
1. Financial Management and Accounting System Requirements The selected Consultant shall have an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.
2. Professional Services Agreement
The selected Consultant will be required to execute a City of Twentynine Palms Professional Services Agreement. A sample Agreement showing the typical requirements and content is included for your information.
3. Business License
Prior to entering into an Agreement, the selected Consultant must have a current City of Twentynine Palms Business License.
4. Protest Procedures
Any protest relating to the form or content of the RFP or Contract Documents must be submitted in writing to the City’s City Clerk at least ten (10) business days before the original date set for the RFP opening. Any candidate who submits a Proposal without making a protest shall be deemed to have waived any objection to the form or content of the RFP or Contract Documents not previously stated in writing.
Candidates may file a protest with the City Clerk’s office. The protest must:
A. Be filed in writing not later than 5:00 PM on the fifth business day after the selection of a contractor;
B. Clearly identify the specific alleged irregularity or other basis for the protest; C. Specify, in detail, the factual and legal grounds for the protest; and D. Include all relevant supporting documentation with the protest at time of filing.
If the protest does not meet all requirements, the City may reject it without further review.
If the protest is timely and complies with all of the above requirements, the City Clerk’s office, or other designated City staff member, shall review the protest, any response from the challenged respondent, and all other relevant information. The City will provide a written response to the protestor.
The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the award protest, including filing a Government Code Claim or legal proceedings.
VII. EVALUATION CRITERIA
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
The primary objective of the City is to select a qualified Consultant CM to perform necessary professional services to successfully manage the construction of the Slit Rock Avenue Bridge at a fair and reasonable cost. The City has established the following criteria for the selection process:
• The selection process shall be fair, open, and competitive. • Selection shall be based upon demonstrated competence, professional qualifications, experience, and capabilities to perform the required services at a fair and reasonable price. Ranking of the Consultants shall follow the scoring criteria described below.
• After the Proposals are reviewed, a short list will be prepared by the selection committee.
• The short-listed firms will be interviewed. At the completion of the interviews, the firms will be rated and ranked. Negotiations will commence with the top-ranked firm. If negotiations are successful, then the sealed Cost Proposals from the remaining firms will be returned. If negotiations are unsuccessful, then the City will begin negotiations with the second-ranked firm. The City reserves the right to reject any and all Proposals and to negotiate with any responsible, responsive firm. The City is under no obligation to issue contracts for the services described in this RFP.
The following evaluation criteria and rating schedule will be used to determine the most highly qualified firm(s).
Evaluation Criteria
Maximum
Points
Possible
1. Overall Approach to Project 5
2. Capabilities of Firm / Team 20
3. Qualifications and Availability of Proposed Staff 35
4. Project Understanding and Approach 35
5. Ability to Meet Contract Requirements 5
Total Possible Points: 100
Reference checks will be performed at the sole discretion of the selection committee for the top teams selected for interviews. If reference checks are performed, the evaluation results of reference checks will be included in the interview evaluation process.
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
VIII. SELECTION SCHEDULE
Schedule (subject to change)
Deadline for Inquires April 23, 2024
Proposals Due May 8, 2024, no later than 5:30 PM
Proposal Evaluation by selection committee May 9 through May 22, 2024 Interviews May 22, 2024
Recommend to Council Approval of CM Contract June 2024
Construction Project Advertises July 2024
IX. SUBMITTAL PROCEDURES AND REQUIREMENTS
Submittals shall comply with all conditions, requirements and specifications contained herein. Any material departure constituting sufficient cause for rejection of the Proposal shall be at the City’s sole discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the respondent.
Respondents shall provide three (3) hard copies of the proposal, one hard copy of the cost proposal in a separate sealed envelope, and one (1) electronic (pdf) copy of the proposal via email. All submittals received shall become the property of the City of Twentynine Palms and will not be returned. Submissions can be sent electronically to [email protected].
Although emailed will be accepted, faxed submittals will not be accepted. Respondent’s paper and electronically formatted proposals shall be delivered no later than the submittal deadline to:
City of Twentynine Palms
Attn: Richard Pedersen, City Engineer
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
If the Respondent is in doubt as to the meaning of any part of this RFP or finds discrepancies or omissions, the Respondent shall submit to the City a written request for information or clarification prior to April 23, 2024, at 5:30 PM. All questions regarding this RFP must be submitted in writing to the attention of Richard Pedersen or via email at [email protected]. Respondents are prohibited from contacting members of the City Council or staff regarding this submittal. Failure to adhere to this provision shall be cause for disqualification from this process.
It is the Respondent's responsibility alone to ensure that the Proposal is received by the City prior to the hour and date noted in this RFP. Any submittals received after that hour and date shall be returned unopened.
Compensation - The Proposal shall include the estimated cost per design element along with a maximum cost which is anticipated for each and a total for the entire project. This document must be separate from the Proposal and sealed.
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
Certificate of Insurance - Insurance coverage with a minimum aggregate coverage of $1,000,000 for Professional Errors and Omissions and General Liability will be required. A statement certifying the required insurance coverage shall be provided.
References - Provide a list of non-City of Twentynine Palms references with emphasis on the completion of projects similar in scope to this project. The following information should be provided:
• Name and title of reference
• Contact phone number and email address
• Name of project
• Brief project scope
Proposer DBE Commitment and DBE Information Forms - The City has established a goal for this Contract. The goal is 4%. Proposers are required to obtain DBE participation for this contract. If the DBE goal is not met, Proposers are required to provide a Good Faith form as required by Federal-Aid projects.
IX. LIST OF ATTACHMENTS
A. Location Map and Project Layout
B. Scope of Services
C. Sample City Contract Services Agreement
D. Plans, Specifications & Estimate
E. Environmental documents
F. Flood Control Agreement
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
ATTACHMENT A
LOCATION MAP AND PROJECT LAYOUT
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
ATTACHMENT B
SCOPE OF SERVICES
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
ATTACHMENT C
CONTRACT SERVICES AGREEMENT
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
ATTACHMENT D
PLANS, SPECIFICATIONS & ESTIMATE
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
ATTACHMENT E
ENVIRONMENTAL DOCUMENTS
REQUEST FOR PROPOSAL: Split Rock Avenue Bridge – Federal-Aid Project Number BR-NBIL(533)
ATTACHMENT F
FLOOD CONTROL AGREEMENT
Standard Contract Page 1 of 13
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County
Flood Control District
Department Contract Representative David Drake, P.E.
Engineering Manager
Telephone Number (909) 387-7963
Contractor City of Twentynine Palms
Contractor Representative Larry Bowden, Interim City
Manager
Telephone Number (760) 367-6799
Contract Term 5/21/2024 – 5/21/2029
Original Contract Amount $4,690,125
Amendment Amount 0
Total Contract Amount $4,690,125
Cost Center 1960002540 – F01284 – Zone 6
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District, (DISTRICT) and the City of Twentynine Palms (CITY), are signatories to this AGREEMENT, and may hereinafter be individually referred to as a “PARTY” and, collectively referred to as the “PARTIES”; and
WHEREAS, the PARTIES desire to cooperate and facilitate the construction of their respective proposed projects that include CITY’s improvements to the Split Rock Avenue Bridge (BRIDGE PROJECT) across the DISTRICT’s Twentynine Palms Channel and the construction of drainage improvements to the Twentynine Palms Channel (CHANNEL PROJECT), and may hereinafter be collectively referred to as “PROJECTS”; and WHEREAS, the CHANNEL PROJECT is the construction of a trapezoidal rock lined channel from the Donnell Basin Outlet to approximately 768 linear feet downstream; and Contract Number
SAP Number
Revised 3/20/24 Page 2 of 13
WHEREAS, the DISTRICT owns and operates Donnell Basin and the Twentynine Palms Channel, both of which facilities serve as a major drainage course and flood control system for the area; and WHEREAS, the DISTRICT is developing, funding, and constructing a regional drainage facility, generally referred to as the Donnell Basin Improvement Project, located within the incorporated area of the CITY, north of Twentynine Palms Highway between Mesquite Springs Road and Split Rock Avenue; and WHEREAS, the CHANNEL PROJECT has been recognized as a regional Flood Protection Facility, and the funding was recommended as part of DISTRICT’s Zone 6 Priority Project List and Ten-Year Construction Funding Program as part of the Donnell Basin Improvement Project; and WHEREAS, the PARTIES agree that the CHANNEL PROJECT will be of mutual benefit to the PARTIES; and WHEREAS, DISTRICT agrees to reimburse CITY for one hundred percent (100%) of the construction costs (CHANNEL PROJECT) associated with the construction of a trapezoidal rock lined channel from the Donnell Basin Outlet to approximately 768 linear feet downstream; and WHEREAS, DISTRICT estimates, as set forth in Section 2.2, that the CHANNEL PROJECT shall cost approximately $4,690,125 to construct; and
WHEREAS, CITY is willing to advance the cost of constructing the CHANNEL PROJECT, subject to reimbursement by DISTRICT as set forth herein; and
WHEREAS, the BRIDGE PROJECT is delineated on the plan set on file with the DISTRICT under Permit Number P-62018034; and
WHEREAS, Split Rock Avenue is a CITY-maintained road providing public access; and WHEREAS, the PROJECTS (collectively defined above as the BRIDGE PROJECT and the CHANNEL PROJECT) will benefit both the CITY and the DISTRICT by enhancing the functionality of both the Twentynine Palms Channel and Split Rock Avenue; and
WHEREAS, the PARTIES desire to set forth their respective responsibilities and obligations regarding construction of the PROJECTS.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION I
Revised 3/20/24 Page 3 of 13
1.0 CITY AGREES TO:
1.1 Process necessary environmental documents as required, including but not limited to compliance with the California Environmental Quality Act (CEQA) as Lead Agency, and obtain all necessary environmental agencies’ clearances for construction of the PROJECTS.
1.2 (1) Prepare engineering plans, specifications, engineer’s estimates, right-of-way related documents and (2) conduct all construction administration, including advertisements for bids, bid reviews, contract awards, construction, and all other needed inspections of the PROJECTS. Should the lowest bid for the construction of the CHANNEL PROJECT exceed $4,690,125, CITY shall confer with and obtain DISTRICTS’s consent in writing before an award is made.
1.3 Submit to DISTRICT engineering plans, specifications, engineer’s cost estimate, invoices and progress reports regarding the portion of the PROJECTS which are within DISTRICT’s right-of-way for review and approval. CITY shall not commence advertising for the BRIDGE PROJECT contract bids until DISTRICT has reviewed and approved the engineering plans, specifications, and engineer’s cost estimate for the portion of the BRIDGE PROJECT which is within DISTRICT’s rightof-way in writing. CITY shall not commence advertising for the CHANNEL PROJECT contract bids until DISTRICT has reviewed and approved the engineering plans, specifications, and engineer’s cost estimate for the CHANNEL PROJECT in writing.
1.4 Provide notification to the DISTRICT of any meetings related to the PROJECTS and schedule project development meetings periodically before and during construction to ensure that DISTRICT has the opportunity to be represented.
1.5 Provide DISTRICT with copies of all reports and other technical documents related to the PROJECTS and allow DISTRICT to comment prior to accepting or finalizing such report or document.
1.6 Construct the CHANNEL PROJECT from the Donnell Basin outlet to approximately 768 linear feet downstream.
1.7 Construct the BRIDGE PROJECT and related road improvements at the CITY’s sole cost.
1.8 Arrange for relocation of any utilities that may interfere with construction of the PROJECTS within the PROJECTS’ sites.
1.9 Ensure PROJECTS are constructed in accordance with the plans and specifications approved by the DISTRICT.
Revised 3/20/24 Page 4 of 13
1.10 Enter into construction contract(s) with contractor(s) for the PROJECTS.
1.11 Advertise, award, administer, and fund construction of the PROJECTS in accordance with the applicable provisions of the California Public Contract Code and all other applicable State laws, including, but not limited to, the California Civil and Labor Codes.
1.12 Perform inspections of all items of work performed under the construction contract(s) with the CITY’s contractor or subcontractors for the PROJECTS and maintain adequate records of inspection and materials testing made available for review to DISTRICT. The CITY shall provide copies of all records of inspection including inspection notes and materials testing to DISTRICT within ten (10) business days of the CITY’s receipt of written request from the DISTRICT for such records.
1.13 Submit quarterly progress reports to accompany or precede the quarterly invoices to meet the DISTRICT’s requirement for reimbursement of funds. The progress reports shall be sent via email to the DISTRICT’s Engineering Manager. The progress reports shall provide a brief description of the work performed during the reporting period including activities, milestones achieved, major accomplishments, and any problems encountered in the construction of the CHANNEL PROJECT.
1.14 Submit quarterly invoices to the DISTRICT for costs incurred on the CHANNEL PROJECT, which invoices shall include, at minimum, the following information:
a. Costs incurred for work performed in implementing the CHANNEL PROJECT during the period identified in the particular invoice.
b. Invoices submitted shall meet the following format requirements:
1. Cover letter with signature from the responsible CITY official.
2. Invoice must contain date of invoice, time period covered by the invoice, and the total amount due.
3. A cost breakdown in table format with Vendor (Contractor, Invoices, and Staff Time), description of costs, total costs for each line item and the DISTRICT’s cost share for every invoice.
4. Invoices must be itemized.
5. Sufficient backup documentation (e.g. receipts, copies of checks, time sheets, labor reports, cost accounting reports) as determined by the DISTRICT much be provided to support all charges and all costs included in the invoice. Additional cost share shall be accounted for separately in the progress reports. c. Cost incurred for the relocation of any utility associated with CHANNEL PROJECT before or during construction.
Revised 3/20/24 Page 5 of 13
d. Invoices shall be issued with a net sixty (60) calendar day payment term with the corresponding Agreement number stated on the invoice.
e. Submit the original, signed, invoice to the following address:
David Drake, Engineering Manager
San Bernardino County Flood Control District
825 East Third Street, Room 140
San Bernardino, CA 92415-0835
1.15 Upon completion of the PROJECTS, CITY shall own, operate and maintain the local drainage improvements, including all catch basins and lateral connections to the Twentynine Palms Channel and all manhole covers and appurtenances for the PROJECTS, and shall indemnify DISTRICT pursuant to Section 3.3.1.
1.16 Except in instances of emergencies, issue a no-fee permit to DISTRICT when the DISTRICT submits to the CITY Engineer, at least sixty (60) days in advance, plans for any proposed construction and/or maintenance of the CHANNEL PROJECT which requires a CITY road closure.
1.16.1. In instances of emergencies, DISTRICT may perform work on the CHANNEL PROJECT but shall, as soon as reasonably possible, notify CITY of emergency work.
1.17 Except in instances of emergencies, the CITY agrees to obtain a no-fee permit from the DISTRICT by submitting to the DISTRICT at least sixty (60) days in advance, plans for any proposed construction and/or maintenance of the street, lateral connections to the channel and manhole covers and appurtenances within the CHANNEL PROJECT area which may endanger, interfere with or conflict with any structures, facilities, operation, or uses which DISTRICT has or intends to have associated with the CHANNNEL PROJECT or which may alter in any way or obstruct the flow of or potential flow of waters.
1.17.1. In instances of emergencies, the CITY may perform work on the streets, lateral connections to the channel, and manhole covers and appurtenances, but shall immediately notify the DISTRICT of the emergency work.
1.18 Obtain a no-cost encroachment permit from DISTRICT for all work within DISTRICT-owned land, DISTRICT right-of-way or DISTRICT- maintained land.
1.19 Require all contractors and vendors working on the PROJECTS to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. All policies, except for
Revised 3/20/24 Page 6 of 13
the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the San Bernardino County Flood Control District (DISTRICT) and San Bernardino County (COUNTY) and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsement shall not limit the scope of coverage for the DISTRICT and COUNTY to vicarious liability but shall allow coverage for the DISTRICT to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2020.11 85. If not self-insured, the CITY shall require the carriers of required coverage to waive all rights of subrogation against the DISTRICT, COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CITY and its employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY hereby waives all rights of subrogation against the DISTRICT and/or COUNTY.
1.20 CITY shall include the following in all PROJECTS contracts: The Contractor agrees to indemnify, defend (with counsel reasonably approved by San Bernardino County Flood Control District (DISTRICT) and hold harmless the DISTRICT, San Bernardino County and their authorized officers, employees, agents and volunteers (the “Indemnitees”) from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor’s indemnification obligation applies to the Indemnitee’s “active” as well as “passive” negligence but does not apply to the Indemnitee’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
1.21 Bid and Contract Documents. CITY shall (1) name the DISTRICT as an express third-party beneficiary in all of the construction contracts relating to the PROJECTS, (2) require the contractor(s) to provide Performance and Payment Bonds for each phase of the PROJECTS in an amount not less than 100% of the amount of that particular phase of the PROJECTS which bonds shall name the DISTRICT as an obligee, and (3) include the DISTRICT and San Bernardino County as an additional insured on all insurance provided by the contractor(s) for the PROJECTS, as set forth in Section 1.20 above. The Performance Bond obtained for the PROJECTS shall be in a form approved by the DISTRICT if the CITY does not utilize the DISTRICTS’s standard Performance Bond form. CITY shall provide DISTRICT the proposed bid and contract documents for the PROJECTS, including the proposed bond forms, for the DISTRICT’s review and approval no less than ten (10) business days prior to the proposed day for the publication of the notice inviting bids.
Revised 3/20/24 Page 7 of 13
The Payment and Performance Bonds shall be delivered to DISTRICT prior to the commencement of any work on PROJECTS.
1.22 Provide to the DISTRICT, upon completion of PROJECTS, one (1) electronic set of “Record Drawings” of the PROJECTS.
1.23 Provide to DISTRICT, upon completion and written acceptance by the DISTRICT of the PROJECTS, a final accounting of actual total PROJECTS costs incurred.
1.24 Retain or cause to be retained for audit by DISTRICT or other government auditors for a period of three (3) years from the date of the final payment, all records and accounts relating to the PROJECTS.
1.25 Maintain all current and future Split Rock Avenue Road and bridge improvements, including, but not limited to, keeping the area free of weeds, trash, graffiti, unauthorized encroachments and trespassers, within the public road right of way and below the Split Rock Avenue Bridge that lies below the deck of the road.
SECTION II
2.0 DISTRICT AGREES TO:
2.1 Reimburse the CITY in an amount equal to one hundred percent (100%) of the actual cost of the construction, survey, and contract administration of the CHANNEL PROJECT. PARTIES acknowledge that the amounts set forth in Section 2.2 are a good faith estimate of the CHANNEL PROJECT. The actual cost will not be known until costs are incurred and completion of CHANNEL PROJECT and receipt of all invoices. The PARTIES recognize and agree that the CHANNEL PROJECT costs may be greater than estimated herein and additional costs may be warranted for a variety of reasons, including, but not limited to, unforeseen site conditions, emergency repairs, increased bid prices, increased quantities and/or change orders. Payment to CITY shall be within sixty (60) calendar days of invoicing. All payments shall be made via electronic funds transfer (EFT) directly deposited into CITY’S designated checking or another bank account. DISTRICT shall promptly comply with directions and accurately complete forms provided to process EFT payments.
2.2 The total reimbursement cost is presently estimated to be $4,690,125, which includes fifteen percent (15%) of the estimated construction cost for administration and surveying, and ten percent (10%) of the estimated construction cost for a construction contingency.
Revised 3/20/24 Page 8 of 13
TABLE A
DESCRIPTION PHASE OF WORK
TOTAL COST OF
CHANNEL
PROJECT
DISTRICT
SHARE
CITY
SHARE
CONSTRUCTION $3,752,100 $3,752,100 $0
CONSTRUCTION
ADMINISTRATION & SURVEY
(15%)
$562,815 $562,815 $0
CHANNEL
PROJECT
CONSTRUCTION CONTINGENCIES
(10%) $375,210 $375,210 $0
TOTAL $4,690,125 $4,690,125 $0
2.3 Prior to construction, the DISTRICT shall review and provide written comments or approval of the plans for construction of the CHANNEL PROJECT within (10) business days from the receipt thereof from the CITY. In the event that the DISTRICT provides the CITY with comments to the plans, the DISTRICT shall review any resubmittals from the CITY within five (5) business days of resubmittals by the CITY and either provide further comments or written approval to the CITY. The DISTRICT shall review and approve (or provide written comments) any bid package and/or contract documents within five (5) business days of being provided with the documents by CITY staff.
2.4 At no cost to the CITY, assign a representative Project Manager who shall have the authority to discuss and resolve with the CITY, issues concerning the construction of the improvements except those matters which require the approval of the governing board of DISTRICT or the Chief Flood Control Engineer (or Interim Chief Flood Control Engineer, if applicable, or his or her designee) as set forth in Section 2.6. The Project Manager assigned to the PROJECTS shall be David Drake unless otherwise designated by the Chief Flood Control Engineer in writing.
2.5 Prior to the commencement of construction, the DISTRICT shall issue a no-cost construction or encroachment permits to the CITY as necessary for all work within DISTRICT-owned land, DISTRICT right-of-way or DISTRICT- maintained land.
.
2.6 The DISTRICT’s Chief Flood Control Engineer or Interim Chief Flood Control Engineer, if applicable, or his or her designee, is authorized to review and approve the documents identified in Section 2.3.
2.7 The DISTRICT shall designate an inspector for the CHANNEL PROJECT. The CITY shall ensure that the DISTRICT’s inspector has site access, is included in CHANNEL PROJECT meetings, and
Revised 3/20/24 Page 9 of 13
is timely provided with construction documentation, including materials testing results, and any other documentation as may requested by the DISTRICT inspector.
2.8 Maintain the CHANNEL PROJECT upon completion and written acceptance of the CHANNEL PROJECT by the DISTRICT.
SECTION III
3.0 IT IS FURTHER UNDERSTOOD AND AGREED:
3.1 The Effective Date of the AGREEMENT shall be the first date upon which both the DISTRICT’s Board of Supervisors and City’s Council have approved the AGREEMENT.
3.2 Except with respect to the PARTIES’ operation, maintenance, and indemnification obligations contained herein, which shall survive the termination of this AGREEMENT, this AGREEMENT shall terminate upon the completion of the PROJECT and DISTRICT’s provision of written final acceptance by DISTRICT, unless otherwise earlier terminated as set forth herein.
3.3 Indemnification and Insurance
3.3.1 The CITY agrees to indemnify, defend (with counsel reasonably approved by the DISTRICT) and hold harmless the DISTRICT, COUNTY and their authorized officers, employees, agents, consultants and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this AGREEMENT and construction of the PROJECTS from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the DISTRICT and/or the COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The CITY’s indemnification obligation applies to the DISTRICT’s and COUNTY’S “active” as well as “passive” negligence but does not apply to the DISTRICT’s and/or COUNTY’S “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
3.3.2 The DISTRICT agrees to indemnify, defend (with counsel reasonably approved by the CITY) and hold harmless the CITY and it authorized officers, employees, agents, consultants and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this AGREEMENT and construction of the PROJECTS from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law.
This indemnification provisions shall apply regardless of the existence or degree of fault of
Revised 3/20/24 Page 10 of 13
indemnitees. The DISTRICT’s indemnification obligation apply to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
3.3.3 Comparative Fault – In the event the DISTRICT and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, the DISTRICT and the CITY shall indemnify the other to the extent of this comparative fault.
3.3.4 Self-Insurance – The PARTIES are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker’s Compensation and warrant that, through their respective programs of self-insurance and/or excess liability coverage, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
3.4 Default Provisions
3.4.1 The CITY will be in default under this AGREEMENT if any of the following occur:
a. Material breaches of the AGREEMENT, or any supplement or amendment to it. b. Making any false warranty, representation, or statement with respect to this AGREEMENT. c. Failure to make any remittance required by this AGREEMENT. d. Failure to submit timely progress reports.
e. Failure to routinely invoice the DISTRICT.
Should an event of default occur, the DISTRICT shall provide written notice of default to the CITY and shall give the CITY at least thirty (30) calendar days to cure the default from the date the notice is sent via first-class mail to the CITY; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within the thirty (30) day period, the CITY shall not be deemed in default if it diligently commences such cure within such period and thereafter diligently proceed to rectify and cure said default as soon as possible. If the CITY fails to cure the default within the time prescribed by the DISTRICT, the DISTRICT may do any of the following:
a. Terminate this AGREEMENT.
b. Take any other action that it deems necessary to protect its interest.
3.4.2 The DISTRICT will be in default under this AGREEMENT if any of the following occur:
a. Material breaches of this AGREEMENT, or any supplement or amendment to it. b. Making any false warranty, representation, or statement with respect to this AGREEMENT.
Revised 3/20/24 Page 11 of 13
Should an event of default occur, the CITY shall provide written notice of default to the DISTRICT and shall give the DISTRICT at least thirty (30) calendar days to cure the default from the date the notice is sent via first-class mail to the DISTRICT; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within the thirty (30) day period, the DISTRICT shall not be deemed in default if it diligently commences such cure within such period and thereafter diligently proceed to rectify and cure said default as soon as possible. If the DISTRICT fails to cure the default within the time prescribed by the CITY, the CITY may do the following:
a. Terminate this AGREEMENT.
b. Take any other action that it deems necessary to protect its interest.
3.5 Since the PARTIES or their agents have participated fully in the preparation of this AGREEMENT, the language of this AGREEMENT shall be construed simply; according to its fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days or period for performance shall be deemed workdays. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this AGREEMENT.
3.6 No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed in writing and signed by all PARTIES.
3.7 All notices, approvals, contents or other documents required or permitted under this AGREEMENT shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage fully prepaid, addressed as follows:
3.8 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.
3.9 This AGREEMENT shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this AGREEMENT invalid, illegal, or otherwise unenforceable. The remaining provisions shall continue in full force and effect, unless the purpose of this AGREEMENT is City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Attn: Larry Bowden, Interim City
Manager
San Bernardino County
Flood Control District
825 East Third Street, Room 140
San Bernardino, CA 92415-0835
Attn: David Drake, Engineering Manager
Revised 3/20/24 Page 12 of 13
frustrated. Any dispute or action to enforce any obligation under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of litigation arising from this AGREEMENT, each PARTY to the AGREEMENT shall bear its own costs, including attorney’s fees. This provision concerning costs shall not apply to costs or attorney’s fees relative to Section 3.3 of this AGREEMENT.
3.10 This AGREEMENT contains the entire AGREEMENT of the PARTIES with respect to the subject matter hereof, and supersedes all other prior negotiations, understandings, or contracts regarding the same. This AGREEMENT may only be modified in writing, signed by all PARTIES.
3.11 Time is of the essence for each and every provision of this AGREEMENT.
3.12 This AGREEMENT may be cancelled upon thirty (30) days prior written notice of any PARTY, provided however, that no PARTY may cancel this AGREEMENT without cause after CITY awards contract(s) to construct the BRIDGE PROJECT and/or the CHANNEL PROJECT.
3.13 The Recitals preceding the terms of this AGREEMENT are incorporated into the terms hereof by this reference and constitute constructive terms of this AGREEMENT.
3.14 This AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the PARTIES.
3.15 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
Revised 3/20/24 Page 13 of 13
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the CITY by their duly authorized officers, effective as of the date hereunder written.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by District Sophie A. Curtis, Deputy County Counsel Andy Silao, P.E. Noel Castillo, Chief Flood Control Engineer Date Date Date
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
City of Twentynine Palms
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair (Authorized signature - sign in blue ink) Dated: Name Larry Bowden
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Interim City Manager
Lynna Monell, Clerk of the Board (Print or Type)
By Dated:
Deputy
Address
6136 Adobe Road
Twentynine Palms, CA 92277
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Apr 09 2024
SUBJECT: Project Phoenix- Treatment System Improvements Continuation from March 26, 2024 RECOMMENDATION:
The City Council continue the discussion on the "Project Phoenix- Treatment System Improvements" (Continuation from March 26, 2024, Council Meeting).
ORDER OF PROCEDURE:
Request Staff Report (Interim City Manager
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Project Phoenix-Treatment System
Improvements staff report
•
ProjectPhoenixTreatmentDwgs_Final
BACKGROUND:
At the Council Meeting of March 26, 2024, the City Council reviewed the request to award the construction contract for a new Treatment System Facility at Phoenix Project. After public input, the Council moved to continue this item to the next available Council meeting.
Attached is the staff report from the last Council meeting.
Also attached, are the plans for the project for the Council's review and adoption.
ENVIRONMENTAL:
The Mitigated Negative Declaration for the entire Project Phoenix project included analysis of the treatment plant in 2019.
Under CEQA, unless substantial changes are made to a project, or conditions change substantially, the analysis and its conclusions remain valid. In this case, neither the project nor conditions in the downtown area have changed since the analysis was completed, and the conclusions, mitigation measures and requirements are still effective to mitigate the impacts of the plant to less than significant levels.
ALTERNATIVES:
The City Council could reject the bids and re-advertise the project.
FISCAL IMPACT: Page 375 of 407
Funding for the project has been appropriated in the City Council adopted Fiscal Year 2023/2024 budget and
includes Federal funds from the United States Department of Commerce, Economic Development Administration.
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Mar 26 2024
SUBJECT: Project Phoenix – Treatment System Improvements.
RECOMMENDATION:
That the City Council:
1. Adopt the design of the project represented by the Plans and Specifications for the Project Phoenix – Treatment System Improvements;
2. Award a contract for the “Project Phoenix – Treatment System Improvements” to 316 Engineering & Construction, Inc. in the amount of $1,999,934 and authorize a Ten Percent (10%) Contingency in the amount of $199,993, for a total contract amount of $2,199,927;
3. Authorize the Interim City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
ORDER OF PROCEDURE:
Request Staff Report (Interim City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Project Phoenix Contract for
Construction
BACKGROUND:
Project Phoenix encompasses about 10.4 acres in Downtown Twentynine Palms in an area bounded by SR 62 (Twentynine Palms Highway) to the north, Cactus Drive to the south, Tamarisk Avenue to the west, and Cholla Avenue to the east. The overall project has been completed in various phases. The first phase of improvements involved the installation of a new sewer system that replaced the individual septic tank systems and conveyed the wastewater to a new central treatment facility consisting of a large septic tank and seepage pits. This phase of work also consisted of the installation of new water pipelines and appurtenances which resulted in an increase in fire flow protection for the new community center, visitor center, and existing businesses. The first phase of work was completed in late 2020.
The second phase of work involved the undergrounding of the existing overhead electric, telephone and internet lines and new service conversions to existing businesses from the overhead system to the underground system.
This phase of work was completed in mid-2021.
The third phase of work involved all site improvements including the new community center and visitor center, street improvements including curb and gutter, pavement and sidewalks, parking lots, drainage improvements and underground retention basins, streetlights and landscape lighting, landscape and irrigation improvements,
signing and striping, and other miscellaneous improvements. A ribbon cutting celebrating the completion of all three phases was held on March 12, 2022.
The final phase of work involves the installation of an advanced treatment system to treat the wastewater from the existing businesses, community center, visitor center, and future hotel. The system involves the construction of a packaged wastewater treatment plant and will utilize the existing septic tank as a holding tank to increase capacity of the system.
The project was advertised for construction bids beginning on August 17, 2023 and bids were received, opened and publicly read on November 9, 2023. The bid results are as follows:
The Van Dyke Corporation $1,571,265
316 Engineering & Construction Co. inc. $1,999,934
Garney Pacific, inc. $3,687,440
Engineer’s Estimate $1,681,250
The technical specifications that were included in the bid documents specified that the package treatment system “shall be an integrated Orenco treatment unit or approved equal.” Paragraph 1.6(B) of Section 01630 “Product Options and Substitutions states “Proposed substitutions must be provided by the Contractor with their submitted Project bid. No substitutions will be considered after the receipt of Project bids.” In the “Information Required of Bidders”, Item 10 requested “Package Treatment Plant System”. The apparent low bidder, The Van Dyke Corporation, listed “Biological Double Efficiency Process manufactured by BDP EnviroTech.” As this system was submitted as “an approved equal”, Staff reviewed the conditions included in the bidding documents that were required for “approved equal” at the time of the bid.
One of the conditions identifies the experience in the design and construction of package treatment plant units similar to the system specified for Project Phoenix. The bidding documents state:
“The equipment furnished shall be manufactured and supplied by a company experienced in the design and manufacture of wastewater treatment systems. The manufacturer shall have a minimum of ten (10) years of experience in the design and manufacture of wastewater treatment systems of similar size and equipment specified. Manufacturer shall have a minimum of ten (10) successful installations of wastewater treatment systems, five (5) of which shall be located within the state of California and at least the size of the system being bid. In lieu of this experience, the system Manufacturer is required to submit a 3-year performance bond for 150% of the cost of the equipment, to guarantee replacement of equipment in case of failure." The Project Reference List provided by The Van Dyke Corporation for BDP EnviroTech identified nine (9) completed Municipal Package Treatment Plants. Of these, seven are located in China, one is located in France, and one is located in California (the other two completed California projects are not Municipal Package Treatment Plants). The proposed system does not meet the experience requirements as stated in the bidding documents.
However, as stated in the bid documents, in lieu of meeting the experience requirement, a 3-year performance bond for 150% of the cost of the equipment is required. According to a letter dated February 13, 2024, for The Van Dyke Corporation, their bonding company is unable to meet this enhanced bonding requirement.
Based on this, Staff recommends that the bid from The Van Dyke Corporation be deemed non-responsive as it does not meet the requirements as stipulated in the bidding documents.
Staff reached out to the second apparent low bidder, 316 Engineering and Construction Company, and inquired if their bid was still active since the bid withdrawal deadline ended on January 9, 2024. The Company provided a letter stating that “316 Engineering and Construction will hold our submitted bid price on Project Phoenix – Treatment Systems Improvements until April 30, 2024.” 316 Engineering and Construction Company listed Orenco as the manufacturer of the package treatment system. Upon review of the submitted bids and bid documents, it is the Staff’s recommendation that 316 Engineering and Construction Company, Inc. is the lowest responsive/responsible bidder.
Staff has provided the bid information to the Economic Development Administration’s Civil Engineer Project Manager who reviewed Staff’s recommendation and authorized the award to 316 Engineering Construction Company.
ENVIRONMENTAL:
The City approved a Mitigative Negative Declaration for the entire Project Phoenix project on February 12, 2019.
ALTERNATIVES:
The City Council could reject the bids and re-advertise the project.
FISCAL IMPACT:
Funding for the project has been appropriated in the City Council adopted Fiscal Year 2023/2024 budget and includes Federal funds from the United States Department of Commerce, Economic Development Administration.
Page L - 1
CONTRACT AGREEMENT
CITY OF TWENTYNINE PALMS
This Contract Agreement is made and entered into for the above-stated project this 26 th day of
March 2024, BY AND BETWEEN the City of Twentynine Palms, as AGENCY, and 316 Engineering and Construction Co., Inc. as CONTRACTOR.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions, Contract Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
Said compensation shall not exceed one million nine hundred ninety-nine thousand nine hundred thirtyfour dollars ($1,999,934), provided that the City Manager or his designee may approve additional payment notto-exceed the City Council authorized amount for change orders and for contingencies.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
The CONTRACTOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of itsservice pursuant to this Contract. The
Page L - 2
CONTRACTOR shall at all times observe and comply with allsuch laws and regulations. The AGENCY, and its officers, employees, and agents shall not be liable at-law or in-equity occasioned by failure of the CONTRACTOR to comply with this Section.
The CONTRACTOR assures AGENCY that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. §§ 12101 et seq.)
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions.
CONTRACTORS and any Subcontractor are required to meet the provisions of the California Senate Bill 584 for the payment of Department of Industrial Relations (DIR) established prevailing wages. This applies to all public projects as defined in California Code 22002 for contracts exceeding $1,000.00. CONTRACTORS shall register with the DIR in accordance with California Labor Code Section 1771.1(a) and 1725.5, and will be subject to compliance monitoring and enforcement by the DIR, subject to Section 1771.4. CONTRACTORS must submit certified payrolls electronically to DIR. By signing this Contract, CONTRACTOR is indicating that he/she/it have registered with DIR and have submitted the required PWC-100 Information Form online at www.dir.ca.gov.
ARTICLE VI
CONTRACTOR hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Labor Code Section 3700, he/she/it will be required to secure the payment of compensation to his/her/its employees.
ARTICLE VII
CONTRACTOR acknowledges that, in accordance with Labor Code Section 1777.5, he/she/it will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.
ARTICLE VIII
CONTRACTOR hereby waives for himself/herself/itself and for CONTRACTOR’s Subcontractors any right CONTRACTOR may now or in the future possess in relation to this Contract and these Contract Documents and the work thereunder, to utilize the provisions of Civil Code Section 47(b) in any action, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seq.
ARTICLE IX
CONTRACTOR acknowledges and agrees that CONTRACTOR must have all appropriate CONTRACTOR’s licenses. CONTRACTOR further warrants and represents that he/she/they has/have the appropriate CONTRACTOR’s license to pursue the work hereunder. CONTRACTOR’s failure to have or maintain all appropriate licenses during the entire term of this Contract, or any period thereof, shall be cause for the immediate and summary termination of this Contract by AGENCY. CONTRACTOR shall be liable for all AGENCY’S costs to complete the work and this Contract.
ARTICLE X
Page L - 3
Hazardous Waste or Other Unusual Conditions. If the Contract involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are distributed, notify AGENCY, in writing, of any:
A. Hazardous Waste. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided in the Contract.
AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s costs of, or the time required for, performance of any part of the work may issue a change order under the procedures described in this Contract.
In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE XI
Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may latter designate by notice:
To CITY: CITY OF TWENTYNINE PALMS
Attention: City Clerk 6136 Adobe Road
Twentynine Palms. CA 92277
To CONTRACTOR: 316 ENGINEERING AND CONSTRUCTION CO., INC Attention: John Massie, President
7434 Garvalia Ave.
Rosemead, CA 91770
ARTICLE XII
The AGENCY and CONTRACTOR understand and agree that the laws of the State of California shall govern
Page L - 4
the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.
ARTICLE XIII
Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the AGENCY. CONTRACTOR covenants and agrees that he/she has made himself/herself aware of Public Contract Code Sections 4100 et seq. pertaining to the identification and use of Subcontractors in the bid submitted and CONTRACTOR is fully aware and knowledgeable of the liability to the CONTRACTOR for violations of said Sections of the Public Contract Code.
ARTICLE XIV
CONTRACTOR is and shall at all times remain asto the AGENCY a wholly independent CONTRACTOR.
The personnel performing the services under this Contract on behalf of CONTRACTOR shall at all times be under CONTRACTOR’s exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s officers, employees, or agents, except as set forth in this Contract. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.
No employee benefits shall be available to CONTRACTOR in connection with the performance of this Contract. Except for the fees and other payments paid to CONTRACTOR as provided in the Contact, AGENCY shall not pay salaries, wages, or other compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
ARTICLE XV
CONTRACTOR agrees to protect, indemnify, defend and hold harmless AGENCY and all of its officers, agents and employees from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.
ARTICLE XVI
INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, CONTRACTOR shall protect, indemnify, defend and hold harmless AGENCY and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of CONTRACTOR, its officers, agents, employees or subcontractors, or any entity or individual that CONTRACTOR shall bear the legal liability thereof.
Page L - 5
(b) Indemnification Provisions Pertaining to Subcontractors and Others Performing Work. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend AGENCY as set forth herein is binding on successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or thissection. (c) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of AGENCY under any provision of this Agreement, CONTRACTOR shall not be required to indemnify, defend or hold harmless AGENCY from such liability, claims. losses, damages or expenses arising from AGENCY’s sole negligence or willful acts.
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR shall use existing coverage to comply with these requirements.If that existing coverage does not meet the requirementsset forth here, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY.
CONTRACTOR shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, or employees. All Sections of this Agreement and any provision in AGENCY's Request for Proposal and CONTRACTOR'ssubmitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.
CONTRACTOR shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
Page L - 6
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds. CONTRACTOR shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Professional Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the AGENCY for review.
7. CONTRACTOR’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the CONTRACTORs Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the CONTRACTORs Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the AGENCY requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the AGENCY. At the option of the AGENCY, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the AGENCY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the AGENCY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be
Page L - 7
endorsed to provide, that the self-insured retention may be satisfied by either the named insured or AGENCY.
OTHER INSURANCE PROVISIONS:
Additional Insured
The AGENCY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR.
General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
Primary Insurance
For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the AGENCY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the AGENCY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
Notice of Cancellation
CONTRACTOR shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, CONTRACTOR shall forthwith obtain and submit proof of substitute insurance.
Builder’s Risk (Course of Construction) Insurance
CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the AGENCY as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the AGENCY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the AGENCY’s site.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the AGENCY.
Waiver of Subrogation
CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
Page L - 8
regardless of whether or not the AGENCY has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the AGENCY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
Verification of Coverage
CONTRACTOR shall furnish the AGENCY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to AGENCY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The AGENCY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONTRACTOR shall ensure that AGENCY is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
AGENCY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
ARTICLE XVII
This Contract is entered into for the sole benefit of AGENCY and CONTRACTOR, and their successors, transferees, and assigns. No other person shall have any right of action based upon any provision of this Contract and no third party beneficiaries shall be created thereby.
ARTICLE XVIII
If any term, provision, condition, or covenant of this Contract, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application ofsuch term, provision, condition, or covenant to persons or circumstances other than those asto whom or which it is held invalid or unenforceable,shall not be affected thereby, and each term and provision of the Contract as amended shall be valid and enforceable to the fullest extent permitted by law.
ARTICLE XIX
This Contract may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpartshall be deemed an original or deemed or presumed delivered unless and until the counterpart executed by the other party to this Contract is in the physical possession of the party seeking enforcement thereof.
Page L - 9
ARTICLE XX
This Contract containsthe complete, final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the modification, amendment, or alteration in violation hereof shall be void.
ARTICLE XXI
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.
Page L - 10
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators,successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this 27th day of February, 2023.
CONTRACTOR:
(Print Name and Title)
CONTRACTOR's License No. Class
Federal Tax Identification No.
CONTRACTOR’S SIGNATURE MUST BE NOTARIZED. SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENT.
AGENCY OF TWENTYNINE PALMS
By:
Larry Bowden, Interim City Manager
ATTEST:
By:
Cindy Villescas, City Clerk
APPROVED AS TO FORM:
By:
Patrick Munoz, City Attorney
T-1
IN THE CITY OF TWENTYNINE PALMS, COUNTY OF SAN BERNARDINO
PROJECT PHOENIX
TREATMENT SYSTEM IMPROVEMENTS
SHEET INDEX
CACTUS AVENUE TAMARISK AVENUE FREEDOM WAY SMOKETREE AVENUE CHOLLA AVENUE TWENTYNINE PALMS HIGHWAY (SR-62) DESERT QUEEN
OWNER
VICINITY MAP
SITE
UTILITY CONTACT INFORMATION
INDEX MAP
TREATMENT SYSTEM IMPROVEMENTS
TITLE SHEET
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
TREATMENT SYSTEM
PROJECT LOCATION
SEWER NOTES
EDA PROJECT #07-01-07725
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
G-1
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
GENERAL NOTES LEGEND
UNDERGROUND UTILITIES
“ ” “ ”
TREATMENT SYSTEM IMPROVEMENTS
GENERAL NOTES, LEGEND, ABBREVIATIONS
ABBREVIATIONS
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
G-2
TREATMENT SYSTEM IMPROVEMENTS
PROCESS FLOW DIAGRAM
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
G-3
TREATMENT SYSTEM IMPROVEMENTS
HYDRAULIC PROFILE
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
TREATMENT SYSTEM IMPROVEMENTS
GRADING PLAN
C-1
VICKIE BRIDENSTINE 57142 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-2
TREATMENT SYSTEM IMPROVEMENTS
TREATMENT SITE LAYOUT
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-3
TREATMENT SYSTEM IMPROVEMENTS
TREATMENT SITE YARD PIPING
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-4
TREATMENT SYSTEM IMPROVEMENTS
PRETREATMENT MEANDER TANK PLAN & SECTIONS
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-5
TREATMENT SYSTEM IMPROVEMENTS
MBBR UNIT 1 PLAN & SECTIONS
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-6
TREATMENT SYSTEM IMPROVEMENTS
MBBR UNIT 2-CLARIFIER PLAN & SECTIONS
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-7
TREATMENT SYSTEM IMPROVEMENTS
AX-MAX TREATMENT UNIT PLAN & SECTIONS
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-8
TREATMENT SYSTEM IMPROVEMENTS
ALKALINITY MIXER BASIN
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
C-9
TREATMENT SYSTEM IMPROVEMENTS
CIVIL DETAILS - 1
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
TREATMENT SYSTEM IMPROVEMENTS
CIVIL DETAILS - 2
C-10
JULIAN O. PALACIOS 67735 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
71833
CITY OF TWENTYNINE PALMS
project phoenix
S-1
GENERATOR AND BUILDING FOUNDATIONS
STRUCTURAL NOTES & DETAILS
1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS PREPARED UNDER THE SUPERVISION OF: - RCE - DATE NV5 42-829 COOK STREET, SUITE 104 (760) 341-3101 FAX (760) 341-5999 BASIS OF BEARINGS ” “ ” BENCHMARK project phoenix CITY OF TWENTYNINE PALMS E-1 TREATMENT SYSTEM IMPROVEMENTS ELECTRICAL LEGEND, ABBREVIATIONS & GENERAL NOTES JW
MTV
S
S
S
G
DMKP RIMCRACU
S WALL MOUNT CCTV RECESSED CEILING MOUNT CCTV WITH DOME CEILING MOUNT DOME RACK GLASS BREAK SENSOR MAGNETIC DOOR SENSOR MOTION SENSOR KEYPAD REMOTE ALARM INPUT MODULE CARD READER NETWORKED INTELLIGENT CONTROLLER CONDUIT - UNDERGROUND CONDUIT - EXPOSED CONDUIT - CONCEALED CONDUIT - FLEX HOMERUN (PANEL AND CIRCUIT #) CONDUIT STUB-UP PHOTOCELL, AS NOTED CONDUIT STUB-DN SMOKE DETECTOR - DUCT MOUNTED FIRE ALARM ANNUNCIATOR PANEL FIRE ALARM CONTROL PANEL FA HEAT DETECTOR (FIXED TEMP. NOTED) SMOKE DETECTOR - PHOTO ELECTRIC TYPE FA MANUAL PULL STATION FA HORN STROBE MAGNETIC DOOR HOLD OPEN SMOKE DETECTOR - IONIZATION TYPE SMOKE /CO DETECTOR - PHOTO ELECTRIC TYPE W/AUDIO FA SPEAKER FA STROBE EXISTING EQUIPMENT CONNECTION FRACTIONAL HP MOTOR DISCONNECT SWITCH W/INTEGRAL THERMAL PROTECTION COMBINATION MOTOR STARTER DISCONNECT ELECTRIC METER MOTOR CONNECTION DISCONNECT SWITCH FUSED DISCONNECT SWITCH GENERATOR TRANSFORMER JUNCTION BOX RECEPTACLE - SINGLE +18" U.O.N. RECEPTACLE - DUPLEX +18" U.O.N. RECEPTACLE - QUAD +18" U.O.N. RECEPTACLE - SPLIT WIRED +18" U.O.N. RECEPTACLE - SPECIAL +18" U.O.N. RECEPTACLE - FLOOR MOUNTED RECEPTACLE - GFCI OR ON GFI CIRCUIT PUSH BUTTON PLUG MOLD RECEPTACLE - CEILING MOUNTED POWER POLE OCCUPANCY SENSOR - WALL MOUNTED (2 INDICATES DUAL - CIRCUIT) SINGLE POLE SWITCH W/ PILOT LIGHT (PL "ON" WHEN LIGHT IS "OFF" - U.O.N.) + 48" U.O.N. LIGHTING FIXTURE - SURFACE (CEILING) 2x2 RECESSED FIXTURE 2x4 RECESSED FIXTURE LIGHT FIXTURE W/ EMERGENCY BATTERY 1x4 RECESSED FIXTURE WALL MOUNTED FIXTURE 2x2 SURFACE MOUNTED FIXTURE 2x4 SURFACE MOUNTED FIXTURE PENDANT MOUNTED FIXTURE DIMMER SWITCH, AS NOTED, +48" U.O.N. STRIP FIXTURE SINGLE POLE SWITCH +48" U.O.N. KEY OPERATED SWITCH +48" U.O.N. 3-WAY & 4-WAY SWITCH +48" U.O.N. TRACK LIGHTING SYSTEM POLE MOUNTED AREA LIGHT EMERGENCY LIGHT WALL MOUNTED FIXTURE EXIT SIGN - CEILING MOUNTED (SOLID INDICATES EXIT SIGN FACING) EXIT SIGN - WALL MOUNTED (SOLID INDICATES EXIT SIGN FACING) LIGHTING FIXTURE - RECESSED 1X4 SURFACE MOUNTED FIXTURE OCCUPANCY SENSOR - CEILING MOUNTED CLOCK - CEILING MOUNTED BELL SPEAKER - CEILING MOUNTED CLOCK - WALL MOUNTED SPEAKER / CLOCK TELEPHONE TERMINAL BOARD TELEVISION OUTLET TELECOM OUTLET - FLOOR MOUNTED, 2 JACKS UON TELECOM OUTLET, 2 JACKS UON TELECOM OUTLET - CEILING MOUNTED, 2 JACKS UON EXISTING TELECOM AND/OR DATA OUTLET SPEAKER - WALL MOUNTED PANELBOARD RECEPTACLE - HIGH VOLTAGE NEW DEMOLITION EMERGENCY LIGHT REMOTE HEAD A-2 LIGHTING LEGEND POWER LEGEND LINE TYPE LEGEND WIRING CIRCUITS LEGEND WIRING DEVICES LEGEND FIRE ALARM SYSTEM LEGEND COMMUNICATIONS LEGEND SECURITY LEGEND FAAP FACP 135°F TTB
IP P/CO/A D
KD3 4 PLOS
TG
TOSGFCI RECEPTACLE - 220V +18" U.O.N. RECEPTACLE - QUAD - GFCI ON GFI CIRCUIT +18" U.O.N. GFCI THIS IS A STANDARD (TYPICAL) SYMBOLS LIST. NOT ALL SYMBOLS ARE NECESSARILY USED ON THIS PROJECT. ALSO, ADDITIONAL SYMBOLS MAY BE INTRODUCED ON DRAWINGS AND DEFINED THEREIN.
F
K
2 AC ABOVE COUNTER OS OCCUPANCY SENSOR - WALL MOUNTED AFCI ARC FAULT CIRCUIT INTERRUPTER AFF ABOVE FINISHED FLOOR AFG ABOVE FINISHED GRADE AMP AMPERES ATS AUTOMATIC TRANSFER SWITCH BB BASEBOARD (HEATER) BCU BARE COPPER BFC BELOW FINISH CEILING ( BOTTOM OF DEVICE) BLDG BUILDING CB CIRCUIT BREAKER CFF CLEARANCE FINISH FLOOR (SURFACE TO SURFACE) CFC CLEARANCE FINISH CEILING (SURFACE TO SURFACE) CLG CEILING CKT CIRCUIT CO CONDUIT ONLY C CONDUIT CP CONTROL PANEL DC DIRECT CURRENT DCS DIGITAL CONTROL SYSTEM DIST DISTANCE ELECTRICAL ABBREVIATIONS NOTE: NOT ALL ABBREVIATIONS USED ON THIS PROJECT (E) EXISTING EM EMERGENCY EMCS ENERGY MANAGEMENT CONTROL SYSTEM EO ELECTRICALLY OPERATED EP EXPLOSION PROOF EKSU ELECTRONIC KEY SWITCH UNIT ETR EXISTING TO REMAIN EWC ELECTRIC WATER COOLER FAAP FIRE ALARM ANNUNCIATOR PANEL FACP FIRE ALARM CONTROL PANEL FA FIRE ALARM FBO FURNISHED BY OTHERS FWP FACTORY WIRED PANEL GFI GROUND FAULT INTERRUPTER GND GROUND HID HIGH INTENSITY DISCHARGE HIT HIGH INTENSITY TUNGSTEN HP HORSEPOWER HPS HIGH PRESSURE SODIUM HWH HOT WATER HEATER IBO INSTALLED BY OTHERS INC INCANDESCENT ITB INTERCOM TERMINAL BOX KSU KEY SWITCH UNIT LC LIGHTING CONTACTOR LPS LOW PRESSURE SODIUM MAX MAXIMUM MCB MAIN CIRCUIT BREAKER MCC MOTOR CONTROL CENTER MDP MAIN DISTRIBUTION PANEL MDS MAIN DISTRIBUTION SWITCHBOARD MH MOUNTING HEIGHT MLO MAIN LUGS ONLY MTD MOUNTED MTS MANUAL TRANSFER SWITCH NIC NOT IN CONTRACT NL NIGHT LIGHT NTS NOT TO SCALE OC ON CENTER OL OVERLOAD PA PUBLIC ADDRESS PC PHOTOCELL PH PHASE PL PILOT LIGHT PNL PANEL PTZ PAN, TILT, ZOOM QTZ QUARTZ ROW RIGHT OF WAY SEC SECTION SSP SECURITY SYSTEM PANEL TC TIME CLOCK TTB TELEPHONE TERMINAL BOARD TTC TELEPHONE TERMINAL CABINET UON UNLESS OTHERWISE NOTED VEL VERIFY EXACT LOCATION VOS VERIFY ON SITE VTR VENT THROUGH ROOF W/ WITH W/O WITHOUT WP WEATHER PROOF XFRM TRANSFORMER TAGS & DETAIL REFERENCES KEYED NOTE SECTION NUMBER SHEET NUMBER ROOM NAME ROOM NUMBER DETAIL NUMBER SHEET NUMBER DEMOLITION KEYED NOTE B4 E-301 A1 E-401 XX (APPLICABLE TO ALL ELECTRICAL DRAWINGS) A. CONTRACTOR IS STRONGLY ENCOURAGED TO VISIT AND CAREFULLY EXAMINE THOSE PORTIONS OF THE SITE AFFECTED BY THIS WORK BEFORE SUBMITTING PROPOSALS, SO AS TO BECOME FAMILIAR WITH EXISTING CONDITIONS AND DIFFICULTIES THAT WILL AFFECT EXECUTION OF THE WORK. B. ALL ELECTRICAL WORK AND MATERIALS MUST CONFORM TO THE LATEST STANDARDS FOR THE NATIONAL ELECTRICAL CODE AND ANY OTHER APPLICABLE CODES. MATERIALS SHALL BE LISTED BY THE UNDERWRITER'S LABORATORIES, INC. SHOULD PLANS AND CODES CONFLICT, THE CODE TAKES PREFERENCE. MAKE NO CHANGES, EVEN IN CASE OF CONFLICT, WITHOUT FIRST OBTAINING APPROVAL OF THE ENGINEER. C. PROVIDE AS USED HERE ON THE DRAWINGS, PROVIDE IS AN ALL-INCLUSIVE TERM REQUIRING CONTRACTOR TO FURNISH, INSTALL, WIRE AND CONNECT ALL SPECIFIED EQUIPMENT AS WELL AS COMPONENTS, ACCESSORIES, WIRING, AND MOUNTING HARDWARE TO INSURE THAT SPECIFIED EQUIPMENT FUNCTIONS TO MEET SYSTEM(S) REQUIREMENTS. D. UNLESS OTHERWISE NOTED, ALL POWER CIRCUIT CONDUCTORS SHALL BE COPPER AND MINIMUM #12 AWG IN 1/2" CONDUIT. E. A GREEN, COPPER GROUND WIRE SHALL BE INSTALLED IN ALL CONDUIT SYSTEMS AND SHALL BE BONDED TO ALL ENCLOSURES, BOXES, AND EQUIPMENT. F. EXISTING CONDITIONS AND UTILITIES INDICATED ARE TAKEN FROM EXISTING CONSTRUCTION DOCUMENTS, VARIOUS SURVEYS, AND FIELD INVESTIGATIONS. G. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT EXISTING UTILITIES FROM DAMAGE. THE CONTRACTOR SHALL BEAR ALL EXPENSE FOR REPAIR OR REPLACEMENT OF UTILITIES OR OTHER PROPERTY DAMAGED BY OPERATIONS IN CONJUNCTION WITH THE COMPLETION OF THIS WORK. GENERAL ELECTRICAL NOTES CFF CFC INTERIOR AFF CFF AFG EXTERIOR AFG FINISH AFG FLOOR FINISH CEILING
CL FINISH GRADE CFC BFC MOUNTING LEGEND ROOM
# WILLLIAM FOSTER E19031 1/5/2023 1-13-23
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CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
E-2
TREATMENT SYSTEM IMPROVEMENTS
ELECTRICAL SITE PLAN
KEYED NOTES
1. UTILITY PROVIDED TRANSFORMER, SEE E-3.
2. STANDBY NATURAL GAS GENERATOR, SEE E-3. PROVIDE ONE
1" CONDUIT WITH 2#10AWG AND 1#10 GROUND FOR 120V
CIRCUIT FROM CONTROL BUILDING PANEL TO GENERATOR
BATTERY CHARGER. PROVIDE ONE 3/4" CONDUIT WITH
2#14AWG FROM GENERATOR TO ATS FOR CONTROL WIRING.
3. AUTOMATIC TRANSFER SWITCH, SEE E-3. MOUNT ON SIDE OF BUILDING ON UNISTRUT FRAME.
4. CT ENCLOSURE, SEE E-3.MOUNT ON SIDE OF BUILDING ON
UNISTRUT FRAME.
5. TWO DISCHARGE PUMPS PROVIDE ONE 3/4" CONDUIT AND
2#10AWG, 1#AWG GROUND FOR EACH PUMP. PROVIDE ONE
3/4" CONDUIT WITH 5#14AWG CONDUCTORS FOR FOUR
FLOATS.
6. TWO PUMPS PROVIDE ONE 1" CONDUIT AND 2#10AWG,
1#AWG GROUND FOR EACH PUMP. PROVIDE ONE 3/4"
CONDUIT WITH 5#14AWG CONDUCTORS FOR FOUR FLOATS.
7. PROVIDE ONE 3/4" CONDUIT AND 2#14AWG CONDUCTORS
FOR HIGH LEVEL FLOAT.
8. TWO RECIRCULATION PUMPS PROVIDE ONE 1" CONDUIT AND
2#10AWG, 1#10AWG GROUND FOR EACH PUMP. PROVIDE ONE
3/4" CONDUIT WITH 6#14AWG CONDUCTORS FOR THREE
FLOATS AND FAN UNIT.
9. PROVIDE ONE 3/4" CONDUIT WITH 2#10AWG, 1#10AWG
GROUND FOR FLOW METER BASIN. PROVIDE ONE 3/4"
CONDUIT FOR CONTROL WIRING. CABLE FOR CONTROL TO BE
PROVIDED BY MANUFACTURER.
10. ALKALINE MIXER PROVIDE ONE 3/4" CONDUIT WITH 2#10AWG, 1#10AWG GROUND AND ONE 3/4" CONDUIT WITH 2#14AWG
FOR CONTROL WIRING.
11. ALKALINITY FEED PROVIDE ONE 3/4" CONDUIT FROM
CONTROL PANEL.
12. POWER AND CONTROL FROM CONTROL PANEL PROVIDE ONE
3/4" CONDUIT.
13. PROVIDE THREE 1" CONDUITS FOR THREE BLOWERS TO
CONTROL PANEL.
14. PROVIDE ONE 120V CIRCUIT FROM CONTROL BUILDING
PANEL TO AREA FIXTURE 2#10AWG, 1#10AWG GROUND, 3/4"
CONDUIT. ODEN ODN-1 LED STREET LIGHT, 20' LONG X 4" DIA 7GA LIGHT POLE OR APPROVED EQUIVALENT FIXTURE.
4 5
3 2
1 PACKAGED WWTP
CONTROL BUILDING
BY OTHERS
GENERAL NOTES
A. CONTRACTOR TO COORDINATE ALL EQUIPMENT
INSTALLATIONS WITH MANUFACTURER INSTALLER.
B. CONTRACTOR TO PROVIDE CONDUIT SEAL OFFS FOR ALL
CONDUITS.
C. ALL CONDUITS ENTERING CONTROL BUILDING TO ENTER
CONTROL PANEL FROM BELOW GRADE NOT THROUGH WALL.
6 7
6 8
9 10
11 12
13 14
CONTROL PANEL
BY OTHERS
WILLLIAM FOSTER E19031 1/5/2023
1-13-23
CITY OF TWENTYNINE PALMS
PREPARED UNDER THE SUPERVISION OF:
- RCE - DATE
NV5
42-829 COOK STREET, SUITE 104
(760) 341-3101 FAX (760) 341-5999
BASIS OF BEARINGS
” “ ” BENCHMARK
project phoenix
CITY OF TWENTYNINE PALMS
E-3
TREATMENT SYSTEM IMPROVEMENTS
ELECTRICAL ONE LINE DIAGRAM
2 ELECTRICAL SINGLE LINE DIAGRAM
SCALE: NO SCALE
GENERAL NOTES
KEYED NOTES
A. COORDINATE ELECTRICAL SERVICE WITH SOUTHERN
CALIFORNIA EDISON. RISER, MEDIUM VOLTAGE CONDUIT, AND
TRANSFORMER PAD TO BE INSTALLED PER SOUTHERN
CALIFORNIA EDISON REQUIREMENTS. CONTRACTOR TO
PROVIDE CONDUIT AND TRANSFORMER PAD. SOUTHERN
CALIFORNIA EDISON TO PROVIDE AND PULL MEDIUM VOLTAGE
CABLE, PAD MOUNTED TRANSFORMER, AND MAKE ALL
TERMINATIONS.
1. PROVIDE 4” GALVANIZED RIGID CONDUIT RISER, ON EXISTING
POLE, FOR SOUTHERN CALIFORNIA EDISON MEDIUM
VOLTAGE CABLE.
2. PROVIDE 4” SCHEDULE 40 PVC FOR SOUTHERN CALIFORNIA
EDISON MEDIUM VOLTAGE CABLE.
3. PROVIDE PAD FOR SOUTHERN CALIFORNIA EDISON PAD
MOUNTED TRANSFORMER.
4. PROVIDE 3 - #3/0 AWG THWN CONDUCTORS IN 2 ½” SCH 40
PVC CONDUIT.
5. PROVIDE 50kW, 120/240V, NATURAL GAS, STANDBY
GENERATOR WITH A 200AMP BREAKER IN A WEATHERPROOF
ENCLOSURE. GENERAC 50KW MODEL A0050044N21 OR
APPROVED EQUAL.
6. PROVIDE SERVICE ENTRANCE RATED, 200A, 120/240V
AUTOMATIC TRANSFER SWITCH IN A NEMA 3R ENCLOSURE.
7. 200A, FUSED DISCONNECT SWITCH PROVIDED BY BUILDING
MANUFACTURER.
8. PROVIDE 3 - #3/0 AWG THWN CONDUCTORS WITH 1 - #6 GND IN 2 ½” SCH 40 PVC CONDUIT.
9. WWTP VENDOR PROVIDED PANELBOARD.
10. PROVIDE 2 - 10', ¾” COPPER BONDED STEEL GROUND RODS CONNECTED TO #4 BARE GROUNDING ELECTRODE
CONDUCTOR.
1 2
3 4
4 5
6 8
9 8
7 10
36"
COMPACTED EARTH
MARKING TAPE
GRADE
3 TRENCH DETAIL
SCALE: NO SCALE
7 1/2"
CONDUIT
24"
SCALE: NONE
LIGHT POLE FOUNDATION 1
3" CLR
2'-0" DIA 11'-0"6'-6"
12"
8 - #8 BARS VERTICAL
#3 TIES AT 16" OC
PVC COATED STEEL CONDUIT36" MIN
3" MAX
HANDHOLE 20' LONG x 4" DIA 7GA LIGHT POLE
4" MAX
ODEN LED STREET LIGHT. SEE SITE LAYOUT
FOR CONFIGURATION
GROUND LUG
POWER CONNECTION AT FUSE BLOCK IN POLE BASE
WEEP HOLE IN GROUT
1" GROUT
3" CLR TO TIES
NOTE THE FOLLOWING CONSTRUCTION
TOLERANCES FOR FOUNDATION, BEFORE GROUTING:
LEVEL WITHIN 3/8" ACROSS 24" DIAMETER PLUMB
WITHIN 1/4" IN 60".
ANCHOR NUT
COVERS
3/4" x 8'
GROUND ROD
#8 TO GROUND
ROD CADWELD
#8 BARE CU
GROUND
FINISH GRADE
MINIMUM 4,000 PSI
CONCRETE AT 28 DAYS
MIN 1" PVC
(LIGHTING)
LOCATE ANCHOR BOLTS
INSIDE THE REINFORCING
CAGE
ANCHOR BOLTS, VERIFY
SIZE AND LOCATION
W/ MANUFACTURER
4 GROUNDING DIAGRAM
SCALE: NO SCALE
DISCONNECT
REINFORCING STEEL IN FOUNDATION
(TYP)
G
N
G
N
UTILITY
COMPANY
TRANSFORMER
WATER PIPE
MECHANICAL CONNECTION
#4
3/4"X10' GROUND ROD
#4
#4
#4
CT CABINET AND METER
4 ATS 240V PANEL
MAST ARM
WILLLIAM FOSTER E19031 1/5/2023
1-13-23