HomeMy WebLinkAbout25D - AGMT ON-GOING CITY-WIDE CAMERA SYSTEM PROJECTS AND MAINTENANCEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2017
TITLE:
APPROVE A CONTRACT WITH SIEMENS,
INC. FOR ON-GOING CITY-WIDE CAMERA
SYSTEM PROJECTS AND MAINTENANCE
(STRATEGIC PLAN NOS. 1, 1J) Z
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance onI�Reading
❑ Ordinance on 2ndReading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a three-year master agreement
with Siemens, Inc., for Professional Services (to include procurement, installation, and
maintenance) of the City's on-going Video Security System Enhancements for the period of
November 9, 2017 through November 8, 2020, in an amount not to exceed $1,054,900. A
$166,350 contingency has been added to allow for unanticipated changes, expenses, or
additions for a total not to exceed amount of $1,221,250.
DISCUSSION
In 2010, the City of Santa contracted with Siemens, Inc. to design and build a complete video
security system for the Police Administration Building and the Orange County Civic Center. The
Orange County Civic Center (including the Police Administration Building) is located in the center
of Santa Ana and is the County Seat, which houses key Federal, State, County, and local
governmental facilities. After conducting a comprehensive site vulnerability assessment, a gap in
the protection capabilities of the Historic Downtown District and Police Detention Facility was
identified, and funds were used to enhance the physical security of both areas. The installation
of an integrated video security system provided law enforcement and agencies at all levels of
government the ability to maintain real-time situational awareness within the area and increased
their capability to support investigations through the review of stored video.
Currently, there are approximately 358 cameras, including seven Code Blue Help Points,
comprising the City's system. They include cameras in the following locations: Police
Administration Building, Civic Center, Historic Downtown District, Police Detention Facility, Main
Library, and the Garfield Community Center. Furthermore, there is a current contract with
Siemens (approved by the Civic Center Authority and funded by the County) to install two
25D-1
Contract Award to Siemens, Inc.
October 17, 2017
Page 2
additional Code Blue Help Points within the Civic Center to enhance the safety of local
employees and the visiting public.
The existing system is an over -arching network of camera and software subsystems that are
federated. This means though they each have some autonomy, they are all connected to the
Police Department's dedicated data center which houses the main control servers. All were
installed, designed, and configured by Siemens' Infrastructure & Cities team. The overall system
has demonstrated its value repeatedly in pro -active policing efforts, criminal and administrative
investigations, and within court system. The City's Parks and Recreation Department has
expressed a desire to join the City's system by adding the following planned projects.
On September 19, 2017, the City Council approved funding to add cameras to several city parks
and community centers. The most effective system would connect the cameras to the existing
camera system network that is maintained by the police department.
City Parks and Community Centers:
Install necessary backbone (data -center hardware) to handle subsystems at Windsor, Madison,
Chepas, Jerome, Memorial, and Santa Anita Parks; install cameras and necessary hardware at
Windsor and Madison Parks; $331,050.
1. Install cameras and necessary hardware at Chepa's Park; $30,000.
2. Install cameras and necessary hardware at Jerome Park; $115,000.
3. Install cameras and necessary hardware at Memorial Park; $150,000.
4. Install cameras and necessary hardware at Santa Anita Park; $70,000.
5. Install cameras and necessary hardware at Roosevelt Walker; $112,150
Total new cameras (1-5 above) - $477,150
Maintenance:
As part of the Master Service Agreement, one year of all-inclusive maintenance for the entire City
system, including Downtown, Civic Center, the Library, and Jail, will cost $246,700 and is
included in. the project award. Maintenance costs for years 2-3 are contingent upon UASI grant
funding. Should this grant funding not be secured staff will evaluate alternative funding to
continue maintenance of this system.
Current Vendor:
The current vendor (Siemens) has unique institutional knowledge of a very complex, integrated
solution that involves several sub -systems they engineered, built, and have been maintaining
since 2010. Furthermore, the current vendor has dedicated a single engineer who possesses
pre -requisite certifications in our primary software (video management) and hardware, and in
which no other single vendor in our region possesses. Cisco Gold, HP OEM or equivalent, and
Milestone Platinum certifications are minimum requirements due to the mission critical nature of
the systems. These certifications provide evidence of technical expertise and experience in
supporting similar systems in similar environments.
25D-2
Contract Award to Siemens, Inc.
October 17, 2017
Page 3
The requested projects will integrate seamlessly into our existing system, leveraging some
existing infrastructure (servers, wireless radios/microwaves, video management software, etc).
Selecting a new vendor would require altering the current architecture, completely re -designing
the existing system, and/or possibly swapping hardware and software components, resulting in
higher overall costs to the City. The current vendor is able to solely address and maintain all
repairs, troubleshooting, expansion, and perform system monitoring. Other vendors will either
not execute a contract to do this work (because they did not design / build / install it).
Alternatively, they will have to sub -contract with several other companies to maintain the varying
sub -systems within our solution, which will also undoubtedly increase the overall contract costs.
Lastly, the current vendor owns remote monitoring services that are custom designed to monitor
the overall health of our system and rapidly report on any system failures or malfunctions. This
remote monitoring system has been built to include redundant processes to ensure operational
reliability. This service is currently provided at no additional cost to the City. The monitoring
platform is built to cover SAPD's customized environment. The cost to implement a third party
equivalent is unknown, but would require additional hardware and software. No budget has been
established for this service, which is already included in the current vendor's Service Program.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1
(Modernize the Community Policing philosophy to improve customer service, crime prevention
and traffic / pedestrian / bicycle safety), Strategy J (Partner with downtown business and
merchant associations to enhance security measures and provide a safe environment (e.g. video
surveillance, additional security and police efforts, etc.))
FISCAL IMPACT
Funds totaling $1,221,250 are available in the following accounts for the following fiscal years:
25D-3
FY 2017-18
FY 2018-19
FY 2019-20
Subtotal
02113200 66220
$112,150
$0
$0
$112,150
05113263 66220
$189,500
$0
$0
$189,500
13518783 66220
$201,575
$308,425
$0
$510,000
31213260 66220
$8,333
$8,333
$8,334
$25,000
31313260 66220
$29,300
$29,300
$29,300
$87,900
31413260 66220
$16,667
$16,667
$16,666
$50,000
02710133 62300
$33,210
$0
$0
$33,210
01114475 62300
$18,150
$0
$0
$18,150
1251449162300
$195,340
$0
$0
$195,340
Total
$1,221,250
25D-3
Contract Award to Siemens, Inc.
October 17, 2017
Page 4
Execution of the agreement funded by Community Development Block Grant funds will be
contingent and effective after City Council's approval of the City's Substantial Amendment and
submission to the U.S. Department of Housing and Urban Development, scheduled for
November 9, 2017. CDBG funds will only be utilized after authorization from HUD for a
noncompetitive procurement.
Funding for the all-inclusive maintenance for years 2 and 3, is contingent upon receipt of future
UASI grant awards for FY 2017 and FY 2018.
avi ntin
Acting Chief of Police
Police Department
vK
Gerardo Mouet
Executive Director
Parks and Rec/Com Services Agency
Exhibit: Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierreh7.LS)v-- (1357)ct� aa7
Executive Director (20)-Tm( 51,3�z i
Finance & Mgmt. Services Agency
HYD � • I
Ro ert M. Zur Sc mi de
Interim Executive erector
Community Development Agency
25D-4
MASTER SERVICES AGREEMENT FOR THE ON-GOING CITY-WIDE
CAMERA SYTEM PROJECT AND MAINTENANCE FOR THE
VIDEO SECURITY ENHANCEMENT PROGRAM
THIS AGREEMENT is made and entered into this 17th day of October, 2017 by and between
Siemens Industry, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City„).
RECITALS
A. In 2010, the City, through the Santa Ana Police Department, began a series of agreements
with Consultant for the design, build, installation, maintenance and other related services
to enhance the video security enhancement program (the "Program") and provide video
monitoring services security/surveillance to protect and monitor critical City facilities and
infrastructure. Since this program went into effect, approximately 3 58 security/surveillance
cameras have been put into service.
B. The current system encompasses a network of camera and software systems that work in
tandem to connect to the Santa Ana Police Department's dedicated data center which
houses the main control servers. Consultant's Infrastructure and Cities team installed,
designed and configured this system.
C. The system has demonstrated its value repeatedly in pro -active policing efforts, criminal
and administrative investigations, and within the court system. As a result, multiple City
departments wish to engage Consultant's services to replace their security/surveillance
systems and seamlessly integrate their security with the system established with the Santa
Ana Police Department.
D. Consultant has unique institutional knowledge, proprietary equipment and technology and
dedicated personnel with the requisite technical expertise required to handle this very
complex and integrated solution that involves several sub -systems they designed,
engineered, built, and maintained since 2010. This includes custom designed remote
monitoring services to monitor the overall health of the current system and rapidly report
on any system failures or malfunctions, at no additional cost to the City.
E. The inclusion of additional City departments into this system via a new vendor would
require altering the current architecture, completely re -designing the existing system,
and/or possibly swapping hardware and software components, or require an outside vendor
to sub -contract with several other companies to maintain the varying sub -systems within
our solution resulting in higher overall costs to the City.
F. Consultant represents that it is able and willing to provide such expanded services to
implement, design, install and maintain additional hardware and software for the Program
to include new sites, locations and departments as required by the City.
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G. The City, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant
("CDBG") Program, desires to enter this Agreement with the Consultant for the
expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, et seq. ("CDBG Regs").
H. Consultant represents that Consultant is not listed as debarred, is able and willing to provide
such services to the City, and will comply with the CDBG Regs.
In undertaking the performance of this Agreement, Consultant represents that it will
perform such services in a professional manner consistent with the standards of care,
diligence and skill ordinarily exercised by professional consultants in similar field and
conform to the standards of practice observed on similar, successfully completed projects
for the City. Consultant agrees that, if the services are not so performed, in addition to all
of its obligations under this agreement and at law, Consultant shall re -perform or replace
unsatisfactory work or services as no additional expense to City.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.
2.
SCOPE OF SERVICES
a. Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required
to fully and adequately complete the services described and set forth in Exhibit A,
attached hereto and incorporated by reference.
b. The initial departments requiring services under this agreement include: selected City
Parks as listed in Exhibit A. Additional Statements of Work for additional City parks
and maintenance services listed in Exhibit B shall be provided to the City prior to the
date for commencement of services listed in Section 3. Said Statements of Work will
be included by Addendwn to this Agreement upon receipt by City. No work shall
commence nor payment issued for services until the Addendum for the services listed
in Exhibit B are fully executed. Additional locations or services not referenced in
Exhibit B may be added to this MSA, subject to Sections 2, 4, 5 and 6 of this
Agreement.
c. Consultant shall also provide all-inclusive maintenance for the entire City system
previously built and currently in use by the City for the term of this agreement.
COMPENSATION
a. The total amount to be expended for services during the term of this Agreement shall
not exceed $1,221,250. This amount is comprised of the sum of (1) $1,054,900 and (2)
a contingency of up to $166,350 for additional costs or services as may be directed by
the City.
25D-6
b. City agrees to pay, and Consultant agrees to accept as payment for its services for City,
the rates and charges identified in Exhibit B and incorporated by reference to this
Agreement, Additional invoices submitted for work performed are subject to Section
4 below regarding work/change orders.
c. City agrees to pay Consultant for work completed and accepted after the expiration of
Agreement A-2015-277 for the Historic Downtown District. The total amount to be
paid for this work shall be paid out from the contingency funds provided in Section 2a
and shall not exceed $36,626 for the costs identified in the attached Exhibit B-1, and
incorporated by reference into this Agreement.
d. Funding for the all-inclusive maintenance for years 2 and 3, is contingent upon receipt
of future UASI grant awards for FY 2017 and FY 2018.
e. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on November 9, 2017, for a three (3) year term, unless
terminated earlier in accordance with Section 19, below.
4. WORK/CHANGE ORDERS
During the term of this Agreement, City may provide to Consultant one or more written
work orders, change orders, delivery tickets, or other instruments, requests or established
procedures with Consultant, which shall act to require Consultant to supply or perform those
services. Each request, regardless of form, shall be deemed a work/change order governed by and
subject to the terms and conditions of this Agreement.
5. AMENDMENTS
Any work/change order that contains any terms contrary to those within this Agreement
shall be void, unless City and Consultant have expressly agreed in a writing, requiring approval
by the City Manager and the City Attorney's office. Consultant agrees and understands that
substantive changes to the terms of the Agreement are subject to approval by the City Council.
6. HOUSING AND URBAN DEVELOPMENT
Consultant agrees and understands that selected areas subject to this Agreement receive
funding from the U.S. Department of Housing and Urban Development ("HUD") to allow
Community Development Block Grant ("CDBG") funds to be spent for projects within these areas.
City will need to request authorization from HUD due to the non-competitive procurement process
to engage Consultant's services. CDBG funds maybe utilized only upon authorization from HUD.
25D-7
City and Consultant will confirm those areas and work will only begin upon receipt of
authorization from HUD. Payment will not be authorized by the City for any work in these areas
without said authorization. Any area that is not authorized for use of CDBG funds by HUD is
subject to termination per section 19.c. below.
7. QUALIFIED PERSONNEL; NO ASSIGNMENT/SUBCONTRACTING
a. Services performed under this Agreement shall be performed only by competent
personnel under the supervision and employment of Consultant. Consultant will
confirm with City's reasonable requests regarding assignment of personnel, but all
personnel, including those assigned at City's request, shall be supervised by
Consultant.
b. Consultant is prohibited from assigning or subcontracting this Agreement or any part
of it unless such action is approved by City in writing. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject
to this Agreement performed by Citypersonnel or by other consultants retained by City.
8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
9. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
10. OWNERSHIP OF MATERIALS
a. When this agreement is terminated, Consultant agrees to return to City all documents,
drawings, photographs and other written or graphic materials, however produced, that
25D-8
it received from City, its contractors or agents, in connection with performance of its
services under this Agreement. All materials shall be returned in the same condition
as received.
b. Any interest of Consultant or its subcontractors in studies, reports, memoranda,
computational sheets, original drawings, plans, designs, maps or other documents
prepared in connection with services to be performed under this Agreement, shall
become the property of the City. Consultant may, however, retain one copy for its files.
Such documents, even if the agreement is terminated, shall be the property of the City
and may be used as it determines appropriate.
11. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including,.without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than 51,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
25D-9
i, Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Consultant shall supply City with a fully executed additional insured
endorsement,
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
12. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
13, RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
25D-10
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
14. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
15. CERTIFICATIONS
The funds used to pay for this Agreement will be partly comprised of federal grant funds.
Consultant agrees and understands that it will comply with the terms of the Certifications attached
hereto as Exhibits C, D, E, F, G and H incorporated by reference into this Agreement. Consultant
shall keep itself informed of all City, State and Federal laws and regulations which may, in any
manner, affect the performance of it services pursuant to this Agreement. Consultant shall at all
times, observe and comply with all such laws and regulations. City and its officers and employees
shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this
paragraph.
16. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services, Conflict may be
further specified in Exhibit C, attached hereto and incorporated in this Agreement by reference.
17. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
25D-11
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations and as fiuther specified in
Exhibit C, attached hereto and incorporated in this Agreement by reference.
IS, EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
19. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant. prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
C. Per Section 6, in the event that City cannot obtain authorization from HUD to spend
CDBG funds for selected areas or projects that require such authorization, City and
Consultant agree to allow termination of the selected area and work project upon
notification by City.
20. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure; right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
25D-12
21. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, sballbe the venue for any action or proceeding that maybe brought or
arise out of, in connection with or by reason of this Agreement.
22. PROFESSIONAL LICENSES
Consultant shalt, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
24, NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956 .
With. courtesy copies to:
Chief of Police
City of Santa Ana
25D-13
Santa Ana Police Department
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Facsimile: (714) 245-8116
and
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax; 714- 647-6515
To Consultant:
Siemens Industry, Inc.
Michael Dietsch, Enterprise Account Executive
10775 Business Center Drive
Cypress, CA 90630
Fax: 866-289-3006
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
[signature page to follow]
25D-14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City omey
'
By -
Tamara Bogostan
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David Valentin
Acting Chief of Police
Santa Ana Police Department
CITY OF SANTA ANA
Cynthia J. Kurtz
Interim City Manager
SIEMENS INDUSTRY, INC.:
(name)
(title)
Tax ID
25D-15
t Y
SCOPE OF SERVICES
25D-16
SIEMENS
May 16, 2017
City of Santa Ana
Santa Ana, California
Exhibit A - MSA with Siemens
and City of Santa Ana Michael nietsch
Enterprise Account Executive
Southern California
Project Name: Madison and Windsor Park Security Integration Program
• Park Security Enhancements
• Wireless Communications
• Code Blue Communications
• Security Camera Systems
• Talk -down Systems
• . Siemens to supply and install all equipment, per the enclosed materials schedules and work
descriptions:
o Cameras at parks
o City of Santa Ana Code Blue monuments at parks
o Wireless communications between City center buildings and parks
o Speakers at parks (one-way comm.)
o Storage and City IT network appliances
• Siemens to provide design and engineering for system issued for construction documentation. City of
Santa Ana to provide supporting infrastructure as-built.documentation in AutoCad format, for use by
Siemens.
• Siemens to provide all installation of devices, programming, commissioning and testing. Siemens to
provide a single training session for parks and recreation personnel (up to 4 persons, not to exceed 2
hours).
• Project is limited to Windsor, Madison and City head -end systems (Police Department and City Hall).
Siemens assumes City IT to support project with network configuration and programming.
• Project is an extension to City owned security network platforms. Video archiving shall be for 365
days and integrate with SAPD Milestone XProtect system and Code Blue communications program.
SAPD/City Ball Head -end:
1. One (1) Management Server
2. One (1) Network Storage Server (1 10T13 Raw)
3. Audio Management Software (one-way comm. software)
4. Fiber, Copper cablings and interconnects
5. Installation of servers, coordination with Santa Ana IT and programming
Madison Park:
1. Siemens to provide and install one (1) PTZ on pole by baseball field. Pole shall be used for wireless
radio mounting (line of sight to City Hall).
2. Siemens to provide and install two (2) one-way comm, speakers on pole.
SOW Page I 1
25D-17
SIEMENS
Michael Dietsch
Enterprise Account Executive
Southern Californla
3. Siemens to provide and install six (6) fixed high definition cameras on bathroom structure. Cameras
to cover areas of concern that are adjacent to school properties.
a. Bleacher area
b. Bathroom entrances
c. Open areas and sidewalks.
4. Cameras shall be mounted to structure.
Conduit will be provided where required to protect cabling.
5. Saw -cutting and trenching is required for installation.
6, Siemens to provide and install one (1) City of Santa Ana Code Blue at playground area (under trees),
Significant trenching will be required.
a. Marked with "Assistance" and "Assistencia"
b. "Help" 911 button that ties directly to SAPD Dispatchers
c. "Info" courtesy button
d. Video camera at eye level to visually see "911" caller
e. Video camera (4 sensors) at top with 360 degree view of surrounding area
f PTZ above monument for video interrogation
g. Solid bright blue indicator light to illuminate surrounding area and easily identify the help point's
location
h. Flashing bright blue light indicating 911 button has been pushed
i. Public address speaker through which SAPD Dispatch can communicate messages to the public
j. All help points are able to sync and address the public simultaneously to warn of an impending or
active emergency in the Downtown area.
Siemens budget includes all licensing and software
a. 12 Milestone device licenses
S. Siemens to provide trench, conduit and fill from 110v power source to cameras. Siemens assumes
110v provided at bathroom structure.
9. Siemens to provide all enclosures for network switches and radio equipment.
Windsor Park:
1. Siemens to provide and install one (1) PTZ camera and one (1) fixed camera, mounted on existing
light pole at the tennis courts of park.
2. Siemens to provide and install two (2)1P speakers on tennis court pole for one way communication.
3. Siemens to provide and install one (1) fixed camera for viewing of east park entrance and resident
retaining wall. Camera will be mounted on existing fence. Surface conduit will be required.
4. Siemens to provide and install two (2) fixed cameras at bathrooms. Cameras shall provide viewing of
entering and exiting persons but not view interior of bathroom area.
5. Siemens to provide and install one (1) City of Santa Ana Code Blue:
a. Marked with "Assistance" and "Assistencia"
b. "Help" 911 button that ties directly to SAPD Dispatchers
c. "Info" courtesy button
d. Video camera at eye level to visually see "911" caller
e. Video camera (4 sensors) at top with 360 degree view of surrounding area
f PTZ above monument for video interrogation
g. Solid bright blue indicator light to illuminate surrounding area and easily identify the help point's
location
h. Flashing bright blue light indicating 911 button has been pushed
SOW Page 12
25D-18
SIEMENS
Michael Dletsch
Enterprise Account Executive
Southern California
i. Public address speaker through which SAPD Dispatch can communicate messages to the public
j. All help points are able to sync and address the public simultaneously to warn of an impending or
active emergency in the Downtown area.
6. Siemens budget includes all licensing and software
a. 10 Milestone device licenses
7. Siemens to provide trench, conduit and fill from 110v power source to cameras. Siemens assumes
110v provided at bathroom structure.
8. Siemens to provide wireless radios at light pole for communication of video to adjacent school roof
top. Siemens assumes this connectivity method will be desired by the City.
9. Siemens to provide all enclosures for network switches and radio equipment.
10. Siemens to provide and install radios on the school rooftop for communication back to SAPD.
• Siemens scope of work excludes temporary power and lighting.
• Pricing includes CA tax.
• Siemens scope is inclusive of conduits and connections to City provided 110v power, as required.
• Siemens excludes installation of new poles or mounting structures. Siemens assumes use of existing
City owned properties and structures. Siemens assumes use of non -City owned properties for the
purposes of communications. The City of Santa Ana is responsible for all cooperative agreements
with adjacent properties.
• All permits and submittals to city, or local AH7, are by others and excluded from this scope of work.
All permitting for the project will be quoted separately, at the time of submission. PE Stamped
drawings are excluded and shall be proposed, prior to permit submission, if required.
• All pricing and design assumptions are based on available line -of -site. Any changes in design due to
sight obstructions or client requirements may require additional costs.
• Siemens requires signed agreement or acceptable client Purchase Order, prior to all work
commencement, including parts acquisition or project mobilization.
• All equipment not itemized on detailed bill of materials will be at additional cost. Siemens has
provided equipment based on site walk with SAPD representative. Locations and devices not
indicated on drawings will be at additional cost.
• Proposal valid for 45 days.
city of Santn Ana Parks and Recreation Security Program:
Madison and Windsor Park Security Integration Program .....................................$ 331,050.11
Revised May 16,2017- Materials, labor, Freight, Warranty, CA Tax
Materials, Equipment, Shipping and Warranty:
$199,934.75
Siemens Project Management, Programming and Commissioning:
$63,59260
Construction Installation, Contracting and Equipment Rentals:
$109,246.57
California Use Tax (8%):
$ 8,276.19
a oruc.- .I
SOW Page 13
25D-19
Exhibit A - MSA with Siemens
and City of Santa Ana Michael ct
SIEMENS
Enterprise Account Executive
Southern California
July 13, 2017
City of Santa Ana
Parks and Recreation
Project Name: Roosevelt Community Center Fixed Price
Statement of Work:
1. Siemens to provide all equipment and services, per this scope of work document.
a. Project Management
b. Installation, Testing and Commissioning
c. Testing
d. Warranty
2. Siemens to furnish and install a video management and surveillance system for the Roosevelt -
Walker Community Center. The project is a new installation and will include all conduits and
raceways provided by the client. Cameras, Cabling, Servers and Storage all provided by
Siemens per this scope ofworlc document.
3. Interior Cameras: Ten (10) High Definition color fixed cameras
a. One (1) 360 degree 5MP camera for computer lab
b. Nine (9) 4MP fixed cameras throughout community center and hallway
4. Exterior Cameras: Ten (10) High Definition color cameras
a. Two (2) PTZ HD cameras
i. Parkinglot
if. Pole adjacent to basketball courts
iii. With 360 sensor
b. Eight (8) HD fixed cameras
i. Front lobby entrance
if. Front monument garden
iii. Rear workout area
iv. Organic garden
v. (2) rear secured areas
S. HD Flat Screen Monitor (46") to be located in office area
6. Four (4) Horn Speakers (one-way)
7. Storage calculated to provide 365 days of recorded video
a. 32TB
b. Milestone Xprotect Corporate
8. System to be connected to existing City platform
9. Twenty Four (24) Milestone Xprotect Device Licenses
10. Network switch provided in accordance with City standards
11. Cabling, installation, programming, commissioning and training included in base pricing
• Siemens pricing assumes execution of work during normal business hours, All afterhours
services and labor will be at additional cost.
• Siemens scope of work excludes temporary power and lighting.
SOW Page 11
25D-20
SIEMENS
Michael Dietsch
Enterprise Account Executive
Southern California
■ All permits and submittals to city, or local AHJ, are by others and excluded from this scope of
work
• One Year Warranty on Parts.
• 36 Month Maintenance Program:
a. Extended Warranty
b. Test and Inspection
c. Software Upgrade (annual)
d. Priority Response
e. Annual Cleaning
• Engineering Drawings are excluded.
• All Conduit is excluded from this scope of work
• All installation of devices are excluded from scope of work.
• Dedicated 110v power shall be provided by others and is excluded from Siemens Scope of
Work
• Siemens Industry, Inc. Terms and Conditions apply.
• Siemens requires signed agreement or acceptable client Purchase Order, prior to all work
commencement, including parts acquisition or project mobilization.
• All equipment not itemized on detailed bill of materials will be at additional cost. Siemens has
provided equipment based on submittals and drawings. Locations or devices not indicated on
drawings will be at additional cost.
SIEMENS' Roosevelt Community Center Security System Base Budget: ............................ $ 112,150.00
Materials, Labor, CA Use Tax
Respectfully:
t l/ l,a Pli6O% LT ery 13, 1017
Michael Diets ch
SIEMENS Industry, Inc.
Infrastructure & Cities Sector
25D-21
SOW Page 12
Material (Expanded)
Sales Person: Michael Dletsch Print Date: 13 -Jul -2017
Estimate Name: C05A-Roosevelt-Walker Center
Job Start: 09 -Jun -2017
Estimate ID: a6304d51-lbe3-4da8-aObb-8d113fae7fa3 Job End: 30 -Jun -2017
QTY Material Ref# Model # Manufacturer
Part#
Description
9
����
OND -70808
�
QND-70808
NF -S.,..,.......-..-...._60' ,w....,:,. _. __... ... .......... w.�
Hanwha PNF-90108 9MP360 Fisheye Camera ,
-
4MP Indoor dome network camera, Triple Codec
H.265/H.264/NIIPEG, WIsestream,2.8. 12.0mm motorized
varlfocal lens, IR, POE/12VDC, 120dB True WDR, Defocus
DetectIon, Hallway View, One way audio and SO card slot
SHD-3000F2
_
SHO-3000F2In-ceiling
(SD/SDRC/SDXC Up to 128GB),
Flush Mount Accessory for Indoor Dome (Beyond,~-- ^�
9
3
QNV-7C80R \E—��
QNV-708OR�~
N Ute)
Samsung QNV-70BOR 4MP outdoor vandal dome network ^� -
camera, Triple Codec H.265/14.264/MJPEG, Wisestream,2.8-
12.0mm motorized varifccal lens, IR, IP66, IK30, PoE/12VDC,
6
SBP-301HM2_
SSP-301HM2
120dB True WOR, Defocus Detection, HallwayVlew, One way
Small Cap Adapter (Aluminum)Accessory, (SCV-6083R/6023R,~�
SCV-5082/5083/5083R/6080, SCD-6080,SCV-3083/3082/3081, I
SCV-2082R/2081R, SCV-2081, SND -7084/7084R, SND -7082,
SND-6084/60848/6083,SN65084/5084R/5083/5080,
9
SBP-300WM1a
JA�I--_
_
1158P-300WM3
SN0.3082,SNV-1080/3080R,SNV-L6083R
Wall Mount Accessory,(SCP-943OH/2430H, SCP-3370TH/3370H,
—�
SCP-2370TH/2370H,SCP-325OH/2250H, SCP-3120VH,
SNP-5430H/6320H/6320RH, SNP -520011/330211,
SNP-6321H/5321H/SNP-L6233H/L5233H/L6233RHH/SNP-3371T I,
H/3371HHSNP-3120VH,SBP-300HM/HM2/HM3,
2
0910-004
_—_
10930-004
_ _
SHP-3701H) i7
AXIS Q6055 -E PTZ Network Camera - Outdoor -ready PTZ with
HDTV 1080p, 328
2
A7F30092986
i01006-001
zoom and Zipstream
GGP 0NLY-86000-E M K I I FULL 360As OVERVIEW CAMERA
8
WITH ONE -CLICK PTZ CONTROL
— 3
3
PNF-901ORVM ^
SBP-30OHM5
m----ISBP-300HM5
PNF-9010RVM
Hanwha PNF-901ORVM 9MP 360' Fisheye Camera
Small Cap Adapter (Aluminum), AccessoryforSMP Fisheye
Cameras (SNF -8010, SNF-8010VM, PNF-901OR/RV/RVM), Works
with Mounts (SBP -3000M, SBP-30OLM, SBP-300WM,
1 IHPE-DL38OG9-32T8
—tF3�24
1 ISU1500RTX13UA
1 'WS-C2960X-48LP5-L
�—
A70054008 "�--
r �—
__
HPE-DL38009-32T8
XPCODL IMILESTONE-XPROTECT
SU1500RTXL2UA vi
WS -C2960X-48LP5-L 3i
S3P-300WM3)
HPE DI380 G932T8 NVR
--"'----------
CORPORATE DEVICE CHANNEL LICENSE M
TRIPP LITESMARTONLINE %OVA UPS
Cisco Catalyst 296OX-48LP5-L- switch -48 ports - managed -
SP-RR-ASR92024
-----
RK319WALLV �[
1
._._.__,_...._...__"___-....1w.._......___,...._.��-_......a__.......--..._...�__..
-
_ —i—
I
SP-RR-ASR92024
4 —
RK319WALLV
rack -mountable
Cisco SP Base Return for Replacement Service - extended
servlceagreement-lyear-shipment
Starrech.com Server rack -3U-19in-vertical mck - wall
mountable-Steel-mountin 3U —
_'_____ __ _. g bracket -
1
SYR .
Siemens Industry, Inc.
25D-22
Page 1 of 2
Material (Expanded)
Sales Person: Michael Dietsch Print Date: 13•Ju1-2017
Estimate Name: COSA- Roosevelt -Walker Center Job Start: 09 -Jun -2017
Estimate ID: a6304d51-Ibe3-4da8-aObb-Bd113fae7fa3 Jab End: 10•Jun-2017
CITY Material Ref# Model If . Manufacturer
Part #
Description
1
97-589
97-589
ErgotVESA on Neo -Flex Wall Mount, Mounting kit (wall plate,
{
-LIack
VESAadapter)for plasma panel•black �N_W V
HP EliteDlsplay E202 -LED monitor - 20" (20.0" viewable) - 1600
IMIF4JA8#ABA
I
1 �MSF47A8#ABA
x 900 - IPS - 250 cd/m'- IC00:1 - 7 ms - HDMI, VGA, DlsplayPort
-hlack-Smart Buy
72
A7F30054999
—^-����
Y%PCODL
MILESTONE -1 YEAR SUP FOR %PROTECT CORPORATE DEVICE
CHANNELLICENSE
1
=60UT#ABA
Z2D60UT#ABA
HP Workstation Z2 Mini G3 Performance -Core 17 6700 3.4 GHz
-8 GB -256 Ge _..-.....
.-._.
1
7463
V453
NEC MuItil V463 V Series -46" Class (46" viewable) LED
–{
display
1 IWMK-3257
V
_..._____._.�r..�._.___...,...�.m.
'WMK-3257
NEC WMK-3257-mounting kit
4
N
4
914422E
914202E
_...�.._..�a._--_.w.�._
914422E
914202E
2N SIP Horn Speaker
r
, 2N IP AUDIO MANAGER (2N Device) t
1
MCG -10-07
MC6-10-07
1 CAT6 Patch Cord Green 10R —I
20
I MC6-03-07
MC6-03-07
' 3' Green CAT6 Patch Cable
w
1
I HD 6-24
H06-24
CAT624prt Patch Panel
2
lli 9C604 -ES
-_ -
9C604 -ES
Siemon Category60utside Plant Direct Buri214-Pair Cable 24
AWG UTP (Black PE Jacket), 1000 ft. Reel
5
04
713180fi --�yk
7131806
General Cable Cath Plenum Green,1000ft box
4 1 iI50BAR825ULTRA'
ISOBAR825ULTRA�
Tripp Lite Isobar Surge Protector Metal 8Outlet 25'Cord 3840
2
RS -RWM -2
�RS-RWM-2
Joules - Surge protector - -outputs
Hodzonal Cable Mgr single sided
u
------------
1
PSSC-020
V
P580-020 �Tripp
Lite DlsplayPort Cahle with latches-DlsplayPortcable-
Siemens Industry, Inc.
25D-23
Page 2 of 2
EXHIBITS B and B-1
COMPENSATION
Fee Proposal including hourly rates if applicable
Invoice for services performed pursuant to Agreement A-2015-277
25D-24
25D-25
Nil
11
1
I
M11
11
11
111111111
HIM
IN
1111111111111
25D-25
Exhibit B-9: MSA with Siemens
and City of Santa Ana
City of Santa Ana - Detention Center
60 Civic Center Drive
Santa Ana, CA
Change Order for Adds/Deletes Changes
Project Name: City of Santa Ana Detention Center
November 14, zo16
Project Summary: During the course of the project there was additional work performed,
changes to equipment provided and minor scope changes. In order to accurately capture
equipment listed for warranty purposes and additional costs, the following items detail the
changes to our base scope of work.
Engineering labor to convert pdf electrical drawings into Autocad format in order
to provide a working set of security drawings ....... $5,500.00
Q, Additional conduit work including labor and materials for such work. Original
scope included minimal new conduit (estimated 400') and reusing existing;
however during the installation we found a majority of the existing was unusable.
New conduit was required for the laundry room cameras, interview rooms,
conduit for PD parking lot entrance camera, as well as Orn floor sectors 1 and i and
Pods A, B, C & D and to complete the wire paths at the exercise rooms and in
between the water risers by the cells. We furnished and installed approximately
another 400' of conduit & 40 additional wall penetrations with conduit sleeves
and fire caulk ... ... $16,938.00
46 It was identified at the beginning of the installation that 7 Tripplite UPS and 4
Black Hawk Lab racks were not required as the racks in the IDF rooms had space
for our equipment and there was UPS's recently added. We removed them from
the scope and it was requested that we provide a Cisco Smartnet 1 Year Warranty
for the Cisco switches that were being installed. Credit for removed
equipment... $(12,o87.00)
4 Provided Cisco Smartnet i year Warranty on the new Cisco switches... $7,130.00
4. Add 4o external microphones to the Mods. In order to accommodate the
external microphones, we needed to return 35 of the Axis P3225 cameras and
replace them with 35 P3365 cameras which had the ability to integrate the
microphones into the system. Note, 5 of the cameras installed in those areas were
of the correct type already so they were able to be used....$t1,z89.00
n Furnish fiber connectors and labor to trace, polish, terminate and test existing
fiber throughout the jail IDF's in order to connect all network
switches... $4,586.00
SOW Page j 1
25D-26
Exhibit B-1: MSA - Siemens
with City of Santa Ana
SIEMENS
Electric scissor lift in order to expedite the installation in the Mod and yard
areas... $3,270-00
Total for the Change order is $ 36,626.00
Please review and we can discuss any of the above items. I would like to get final approval
on the changes as soon as possible so we can submit our final billing and begin the closeout
process and documentation. if change order amendment or additional documentation is
required in order to process these changes, please provide that documentation as well at
your earliest convenience.
Respectfully,
,?' wa't acde, Nou mke 946/x, 1096
Shari Jacobs
SI EM ENS Industry, Inc.
Change Order Approved and Work Authorized:
Approved
25D-27
SOW Page 12
Exhibit C - MSA with Siemens
CERTIFICATIONS
a. Debarment and Suspension — Consultant will comply, and all its contractors will
comply, with applicable federal suspension and debarment regulations including, but not limited
to, Executive Orders 12549 and 12689, and 2 Code of Federal Regulations (CFR) §200.212 and
codified in 2 CFR Part 200.
b. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be
excluded from the participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives or benefits from
federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall
be included in the agreements with and be binding on all of its contractors, subcontractors,
assignees or successors.
C. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
d. Lobbying and Political Activity - None of the funds, materials, property, or services
provided directly or indirectly under this agreement shall be used for any partisan political activity,
or to further the election or defeat of any candidate for public office, or otherwise in violation of
the provisions of the "Hatch Act".
e. Consultant will comply with all applicable lobbying prohibitions and laws,
including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the
funds provided under this award may be expended by the Consultant to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
any federal action concerning the award or renewal of any federal contract, grant, loan, or
cooperative agreement.
f. Consultant will comply, and all its contractors will comply, with all requirements
of the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352), as applicable, including filing a
Disclosure of Lobbying Activities Attachment 1.
g. Non -Discrimination and Equal Opportunity - Consultant will comply, and all its
contractors will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504
of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
25D-28
1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice
Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or
State court, Federal or State administrative agency, or the Consultant makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to
CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice
Programs, U.S. Department of Justice. Consultant agrees to the following:
(1) CONSULTANT agrees to comply with Executive Order 11246 which requires that during
the performance of this Agreement, CONSULTANT agrees not to discriminate against any
employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the CONSULTANT
setting forth the provisions of this nondiscrimination clause.
(2) CONSULTANT agrees to comply with Title VI of the Civil Rights Act of 1964 which
indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program
of activity receiving federal financial assistance.
(3) No person shall, on the grounds of race, sex, creed, color, religion, marital status, national
origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities,
programs or employment supported by this Agreement. CONSULTANT is prohibited from
discrimination on the basis of age or with respect to an otherwise qualified handicapped person
as provided for under Section 109 of the Housing and Community Development Act of 1974,
as amended.
(4) CONSULTANT agrees to comply with the Age Discrimination Act of 1975 which requires
that during the performance of this Agreement, CONSULTANT agrees not to discriminate
against any employee or applicant for employment because of age. Stich action shall include,
but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay
or other forms of compensation, and selection for training, including apprenticeship.
CONSULTANT agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the CONSULTANT setting forth the provisions of
this age discrimination clause.
(5) CONSULTANT agrees to comply with Section 504 of the Rehabilitation Act of 1973
which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance or under any program or activity conducted by any executive agency or by the
United States Postal Service.
h. Consultant will comply, and all its contractors will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
25D-29
i. Consultant will comply, and all its contractors will comply, with all requirements
of the California Public Contract Code Section 10295.3, as applicable.
j. Consultant will comply, and all its contractors will comply, with all
requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3), as applicable.
k. Consultant will comply, and all its sub -contractors will comply, with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5). Consultant will adhere to the most current
Davis Bacon Act Wage Decision CA35 at the time of the U.S. Department of Housing and
Urban Development approval for the noncompetitive proposal. Davis Bacon Act Wage
Decision Attachment 2 is the earliest applicable wage decision.
1. Consultant will comply, and all its contractors will comply, with all
requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5),
as applicable.
M. Consultant will comply, and all its contractors will comply, with all
applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42
U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable.
n. Consultant will comply, and all its contractors will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53
FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as
applicable.
o. Consultant will comply, and all its contractors will comply, with all requifements
of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act, as applicable.
P. Consultant will comply with the Federal Water Pollution Control Act (33 U.S.C.
1251-1387) as applicable.
q. Consultant agrees that the Department of Homeland Security and the Department
of Housing and Urban Development shall.have the authority to seek patent rights for any
process, product, invention or discovery developed and paid for with funding through this
Agreement based on the requirements of 37 CFR§ 401, as applicable.
r. Pursuant to 2 CFR section 200.315, Consultant may copyright any work that is
subject to copyright and was developed, or for which ownership was acquired, under a Federal
award. The Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right
to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to
do so. The Federal government has the right to:
25D-30
(1) obtain, reproduce, publish or otherwise use the data produced under a Federal
award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for
Federal purposes.
Consultant will provide information pursuant to 2 CFR section 200.315(e) for response to a
Freedom of Information Request when applicable.
S. Consultant will comply with the provisions of 2 C.F.R. section 200.315 regarding
the use of intangible property.
t. Consultant will comply with all applicable local, state and federal statutes, codes
and regulations regarding the use of state or federal grant funds and property acquired with those
grant funds.
U. If the product is defective, does not function as represented or advertised, City is
entitled to either a full refund of the purchase price or replacement of the product for a new
product at the City's election.
V. Consultant will comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
W. Consultant must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
25D-31
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraphs (1) through (5) of this section.
X. Consultant will comply with Section 3 of the Housing and Urban Development
(HUD) Act of 1968 that helps foster local economic development, neighborhood economic
improvement, and individual self-sufficiency. The Section 3 program requires that recipients of
certain HUD financial assistance, to the greatest extent feasible, provide job training,
employment, and contracting opportunities for low- or very -low income residents in connection
with projects and activities in their neighborhoods. Consultant will certify the Section 3 Clause
Attachment 3.
Consultant will adhere to the Federal Labor Standards Provisions Attachment 4.
Z. Consultant agrees to provide a drug-free work place and to execute a certification
as set forth in Attachment 5.
aa. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2
CFR 200.112, Consultant certifies that no member, officer, employee, agent or assignee of CITY
having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject CDBG FUNDS, shall serve as an officer of Consultant. Further, any conflict or potential
conflict of interest of any officer of Consultant shall be fully disclosed in writing prior to the
execution of this Agreement and said writing shall be attached and deemed fully incorporated as
a part hereof. Notice shall be sent by Consultant to CITY regarding any changes or modifications
to its board of directors and list of officers.
25D-32
Exh. D - MSA with Siemens
Attachment 1 Approved by OMB.
DISCLOSURE OF LOBBYING ACTIVITIES e346-0046
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
j� a. contract
❑a. bid/offer/application
a. initial fling
LL JJ b. grant
b. initial award
b, material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e. loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
Prime ❑ subawardee
and Address of Prime:
Tier , Ifknown:
Congressional District, if known: 4c
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml):
different from No. 10a)
(last name, first name, MI):
11, Informadon requested through No form Is authorized by Ilbe 31 U.S.C. section
of bet
Signature:
print Name:
1358 Thle allof lobbying activities is a matedai rapeasenbl
upon which reliance was placed byte bar above when this bansaadon was made
Title:
or entered Into. Thla sisal Is required pursuant to 31 U.S.O. 1352 This
Information will be available for publoInspection. Mypersanwho fare Wfile the
a,wlred d o, osure shell be subject b e cMl penalty of net less Nen $10,000 and
not mare Nan $100,000 her each such febure.
Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only:
Standard Form LLL (Rev. 7-97)
25D-33
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardeeor prime Federal recipient, at the Initiation or receipt of a covered Federal
action, or a materialchange to a previous fling, pursuant to We 31 U.S.C. section 1352. The filing of a form is required for each paymentor agreementto make
payment to any lobbying entity for Influencing or attempting to Influence an officer cr employeeof any agency, a Member of Congress, an officer or employeeof
Congress, oran employeeof a Memberof Congress in connectionwith a covered Federal action. Completeall Items that applyfor both the Initial filing and material
change report. Refer to the implementing guidance published by the Offco of Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity Is and/or has been secured to Influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate cfassiflcation of this report. If [his Is a followup report caused by a material change to the Information previously reported, enter
the year and quarter In which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, Stale and zip code of there porting enOty. include Congresslonal District, If known, Check the appropriateclasslflcalion
of the reporting enilty that designates If It Is, or expects to be, a prime or subaward reciplent. Identify the tier of the subawardee, e.g., the first subawardee
of the prime Is the 1st Oer. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report In Item 4 checks "Subawardee," then enter the full name, address, city. State and zip code of the prime Federal
recipient. Include Congressional District, If known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizatlonallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federelprogram name or description for the covered Federal action (Rem 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number availablefor the Federal action Identified In Item 1 (e.g., Request for. Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., 'RFP-DE•90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in Item 4 or S.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to Influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print hislher name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, Including time for reviewing Instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of
information; Including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Prefect (0348-0046), Washington,
DC 20503.
25D-34
Exhibit E - MSA with Siemens
DBA Wage Decision
General Decision Number: CA170035 09/29/2017 CA35
superseded General Decision Number: CA20160035
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: orange County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work) HEAVY CONSTRUCTION PROJECTS (does
not include water well drM ing); HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 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 $10.20 (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 2017.
The Eo minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the Eo is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
1 01/20/2017
2 01/27/2017
3 02/17/2017
102017
5 03/31/2017
6 05122017
7 05/26/2017
8 06/02/2017
9 07/07/2017
10 07/14/2017
11 07/28/2017
12 08/04/2017
13 09/08/2017
14 09/29/2017
ASBE0005-002 07/03/2017
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
Fire Stop Technician
(Application of Firestapping
Materials for wall openings
and penetrations in walls,
Page 1
25D-35
20.81
floors, ceilings and curtain wage decision
walls)...........................S 26.96 17.81
-------------------------------------------------------------
* ASBE0005-004 07/03/2017
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) .... $ 19.26 11.27
-- -------------------------------------------------------------
BRCA0004-010 05/01/2017
Rates Fringes
BRICKLAYER; MARBLE SETTER ........ $ 39.13 15.11
*The wage scale for prevailing wage projects performed in
B1 the, China lake, Death valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside county hourly wage rate
----------------------------------------------------------------
BRCA0018-004 06/01/2016
25D-36
Rates
Fringes
MARBLE FINISHER ..................$
29.20
12.93
TILE FINISHER ....................$
24.53
11.08
TILE LAYER .......................$
-----------------------------------------------------------
35.89
16.24
BRCA0018-010 09/01/2016
Rates
Fringes
TERRAZZO FINISHER ................$
28.53
12.27
TERRAZZO WORKER/SETTER ...........
-----------------------------------------------------------
$
35.57
13.14
CARP0409-001 07/01/2016
Rates
Fringes
CARPENTER
(1) carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$
39.83
15.50
(2) Millwright ..............$
40.90
15.50
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or SCOWman,
Rockslinger, shingler
(commercial) ................$
40.53
15.50
Page 2
25D-36
wage decision
(4) Pneumatic Nailer,
Power Stapler ...............$ 40.09 15.50
(5) sawfiler...............$ 39.83 15.50
MScaffold Builder ....... $ 31.60 15.50
Table Power saw
Operator ....................$ 40.93 15.50
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.
----------------------------------------------------------------
CARP0409-005 07/01/2015
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER .... $ 40.40 15.03
STOCKER/SCRAPPER ............ $ 10.00 7.17
----------------------------------------------------------------
CARP0409-008 09/01/2010
Rates Fringes
Modular Furniture installer ...... $ 17.00 7.41
----------------------------------------------------------------
ELECO011-002 07/31/2017
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
installer ...................$ 30.73 14.00
Technician ..................$ 32.18 3Y+27.32
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes for the following:.Tv
monitoring and surveillance, background -foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi -media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
Page 3
25D-37
-------------------------------
ELEC0441-001 08/28/2017
wage decision
------------------------------
Rates Fringes
CABLE SPLICER ....................$ 44.73 19.09
ELECTRICIAN ......................$ 42.76 19.03
---------------------------------------------------------------
* ELEC0441-003 12/26/2016
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation systems or CCN highway systems)
Rates Fringes
Communications System
Installer ...................$ 32.50 12.64
Technician ..................$.31.23 15.39
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for Tv monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi -media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (supervisory control/data acquisition
PCM (pulse code modulation) inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
Systems RF and remote control systems Fiber optic data
systems
B. sound and Voice Transmission/Transference systems
Background -Foreground Music Intercom and Telephone
Interconnect systems sound and Musical Entertainment
Systems Nurse Call Systems Radio Page systems school
Intercom and sound systems Burglar Alarm Systems
Low -Voltage master clock systems Multi-Media/Multiplex
systems Telephone Systems RF systems and Antennas and wave
Guide
C, *Fire Alarm Systems -installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance systems video security systems Video
Entertainment systems video Educational systems CATV and
CCN
E. Security systems, Perimeter Security Systems, vibration
Sensor systems
sonar/Infrared Monitoring Equipment, Access Control Systems,
card Access systems
Page 4
25D-38
wage decision
*Fire Alarm Systems
1. Fire Alarms -In Raceways: wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits.
2. Fire Alarms -open wire systems: installed by the Technician.
----------------------------------------------------------------
ELEc0441-004 08/28/2017
Rates Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable splicer/Fiber Optic
Splicer .....................$ 44.73 19.09
Electrician .................$ 42.76 19.03
Technician ..................$ 31.76 16.75
SCOPE OF WORK: Electrical work on public streets, freeways,
toll -ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
Intelligent Transportation systems, video Surveilance
Systems (CCTV), Street Lighting and and Traffic signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways: toll -ways, etc.
Intelligent Transportation systems shall include all systems
and components to control, monitor, and communicate with
pedestrian or vehicular traffic, included but not limited
to: installation, modification, removal of all Fiber optic
video system, Fiber Optic Data Systems, Direct interconnect
and communications Systems, Microwave Data and video
systems, Infrared and sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio systems, highway weight and
motion systems, etc.
Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
fitting and bandaging of ducts, raceways, and conduits.
The cleaning, rodding and installation of "fish and pull
wires". The excavation, setting leveling and grouting of
precast manholes, vaults, and puil boxes including ground
rods or grounding systems, rock necessary for leveling and
drainagae as well as pouring of a concrete envelope if
needed.
JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
JOURNEYMAN TECHNICIAN duties shall consist of: Distribution
of material at job site, manual excavation and backfill,
installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication
systems. Pulling, terminating and splicing of traffic
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video/data.
------------------------
ELEC1245-001 06/01/2017
Rates Fringes
LINE CONSTRUCTION
Page 5
25D-39
g1 Lineman; Cable splicer..$
2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) ........... $
3 Groundman...............$
4 Powderman...............$
wage decision
55.49 3%+17.65
44.32 3%+17.65
33.89 3%+17.65
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 01/01/2017
Rates Fringes
ELEVATOR MECHANIC ................$ 52.21 31.585
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.
-------------------------------------------------------
ENGIO012-003 07/01/2016
Rates Fringes
OPERATOR:
Power Equipment
(All other
work)
GROUP
1 ....................$
39.95
23.35
GROUP
2 ....................$
40.73
23.35
GROUP
3 ....................$
41.02
23.35
GROUP
4 ....................$
42.51
23.35
GROUP
5 ....................$
41.86
23.35
GROUP
6 ....................$
41.83
23.35
GROUP
8 ....................$
42.84
23.35
GROUP
9 ....................$
42.19
23.35
GROUP
10 ....................$
42.96
23.35
GROUP
11 ....................$
42.31
23.35
GROUP
12 ....................$
43.13
23.35
GROUP
13 ....................$
43.23
23.35
GROUP
14 ....................$
43.26
23.35
GROUP
15 ....................$
43.34
23.35
GROUP
16 ....................$
43.46
23.35
GROUP
17 ....................$
43.63
23.35
GROUP
18 ....................$
43.73
23.35
GROUP
19 ....................$
43.84
23.35
GROUP
20 ....................$
43.96
23.35
GROUP
21 ....................$
44.13
23.35
GROUP
22 ....................$
44.23
23.35
GROUP
23 ....................$
44.34
23.35
GROUP
24 ....................$
44.46
23.35
GROUP
25 ....................$
44.63
23.35
OPERATOR:
Power Equipment
Page 6
25D-40
(Cranes, Piledriving &
22.15
Hoisting)
22.15
44.27
GROUP
1 ....................$
22.15
GROUP
2 ...................$
.
44.74
GROUP
3 ......... ...........$
22.15
GROUP
4 ....................$
45.20
GROUP
5 ....................$
22.15
" GROUP
6 ....................$
48.20
GROUP
GROUP
7 ....................$
8 ....................$
22.15
GROUP
9 ....................$
GROUP
10 ....................$
GROUP
11 ....................$
GROUP
12 ....................$
GROUP
13... .. ......$
OPERATOR:
Power Equipment
(Tunnel work)
GROUP
1 ....................$
GROUP
2 ....................$
GROUP
3 ....................$
GROUP
4 ....................$
GROUP
5 ....................$
GROUP
6 ............:.......$
GROUP
7 ...... . .............$
wage decision
43.20
22.15
43.98
22.15
44.27
22.15
44.41
22.15
44.63
22.15
44.74
22.15
44.86
22.15
45.03
22.15
45.20
22.15
46.20
22.15
47.20
22.15
48.20
22.15
49.20
22.15
41.80 23.35
42.58 23.35
42.87 23.35
43.01 23.35
43.23 23.35
43.34 23.35
43.46 23.35
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; Plu
side dum jack; screeningg 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
Page 7
25D-41
wage decision
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
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
t. ; 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
(belowground); 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 highpressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt -rubber distribution operator -
Backhoe operator (up to and including 3/4 yd.) small fiord,
case or similar; Cast -in-place pipe laying macAine
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;
Page 8
25D-42
wage decision
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 (Rackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
caterpillar, Euclid,Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber -tired earth -moving equipment operator
(multiple engine up to and including 25 yds. struck)
Rubber -tired scraper operator (self -loading paddle wheel
type -john Deere, 1040 and similar single unit); self-
propelled curb and gutter machine operator; shuttle buggy;
skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.), soil remediation plant
operator; surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
simi.lar-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
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
Page 9
25D-43
wage decision
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,
operatingg equipment with push-pull system (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -tired earth -moving equipment operator,
operating equipment withpush-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-movin equipment operator,
operating in tandem (scrapers, be 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
Page 10
25D-44
wage decision
typpes in any comoinarnon, exuuajng �onipac.uuu ui,iLo -
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,
Caterrillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: concrete pump operator -truck mounteds 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 S: Hydraulic boom truck; stinger crane (Austin -Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; self Climbing scaffold (or similar
type); shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu, yds, mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); shovel, backhoe, dragline,
Page 11
25D-45
wage decision
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 (aver 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
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; Equipmentgreaser (grease truck);
slip form pump operator (power -driven hydraulic lifting
device for concrete farms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
small Ford, case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber -tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell.or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
Page 12
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wage decision
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino county, approximately 3 miles NE of the intersection
of 1-15 and the California state line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. continue w in a straight line to that point which is
the SW corner of the northwest quarter of section 6, T275,
R42E, Mt. Diablo Meridian. continue North to the intersection
with the Ingo county Boundary at that point which is the NE
corner of the western half of the northern quarter of section
6, T25ss R42E, MOM. 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, MOM. 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, MOM. Continue w along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MOM. continue s following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31s, R31Et
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 5 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, RlE, SBM.
continue s along west boundary of R1E, SMB to Riverside county
line at the SW corner of T1S1 RIE, SBM. continue E along south
boundary of T1s, SBM (Riverside county Line) to SW corner of
TIS, R10E, SBM. Continue 5 along west boundary of R10E, SBM to
Imperial county line at the SW corner of T85, R10E, SBM.
Continue w along imperial and Riverside county line to NW
corner of T9S, R9Ej 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 T315,
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.
Page 13
25D-47
wage decision
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, Sm 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 TSN, 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, RUE, MDM. ET12N 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.
$2.00 additional per hour for INYO and MONO counties and the
Northern portion of SAN BERNARDINO county as defined below:
That area within the followingg Boundary: Begin at the
intersection of the northern boundar of Mono county and the
California state line at the point which is the center of
section 17, TION, R22E, Mt. Diablo Meridian. Continue 5 then
SE along the entire western boundary of Mono county, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the Nw quarter of section 2, T85, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern county at the point which is
the sw corner of the SE 1/4 of section 32, T245, R37E, MDM.
continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino county at that point which is
the SE corner of section 34, T24s, R40E, MDM. Continue E along
the Inyo and San Bernardino county boundary until the point
which is the NE corner of the Western half of the Nw quarter of
Section 6, T25S, R42E, MDM. Continue s to that point which is
the sw corner Of the NW quarter of section 6, T27S, R42E, MDM.
continue E in a straight line,to the California and Nevada
state border at the point which is the Nw corner of section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, TION, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------------
ENG10012-004 08/01/2015
Rates
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 49.50
(2) Dredge dozer ............ $ 43.53
(3 Deckmate................$ 43.42
Page 14
25D-48
Fringes
23.60
23.60
23.60
wage decision
(4) Winch
operator
(stern
winch on
dredge) ............
$ 42.87
(5) Fireman -Oiler,
Deckhand,
Bargeman,
Leveehand
...................$
42.33
(6) Barge
Mate ..............$
42.94
--------------------------------------------
IRON0377-002
07/01/2016
Rates
Ironworkers:
Fence Erector ...............$ 28.33
ornamental, Reinforcing
and structural... ...........$ 34.75
PREMIUM PAY:
23.60
23.60
23.60
----------------
Fringes
20.64
29.20
$6.00 additional per hour at the following locations:
china Lake Naval Test station, chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center -Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center _
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard station - Two Rock
----------------------------------------------------------------
LAB00300-005 01/01/2017
Rates Fringes
Asbestos Removal Laborer ......... $ 31.88 16.82
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.
----------------------------------------------------
LAB00345-001 07/02/2017
Rates Fringes
LABORER (GUNITE)
GROUP 1 .....................$ 41.08 17.39
GROUP 2 .....................$ 40.13 17.39
GROUP -3 .....................$ 36.59 17.39
Page 15
25D-49
wage decision
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
Classification rates. workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0" above base level and which work must be performed in
whole 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
-------------------------
LAB00652-001 07/03/2017
LABORER (TUNNEL)
Rates Fringes
GROUP
1 .....................$
39.04
18.24
GROUP
2 .....................$
39.36
18.24
GROUP
3 .....................$
39.82
18.24
GROUP
4 .....................$
40.51
18.24
LABORER
GROUP
1 .....................$
33.19
18.24
GROUP
2 .....................$
33.74
18.24
GROUP
3 .....................$
34.29
18.24
GROUP
4 .....................$
35.84
18.24
GROUP
5 .....................$
36.19
18.24
LABORER CLASSIFICATIONS
GROUP 1: cleaning and handling of panel forms; concrete
screeding for rough strike -off; concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt -rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; streetcar and railroad
construction track laborers; Rigging and signaling; scaler;
slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; window cleaner;
wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; cement dumper (on 1 yd. or larger
mixer and handling bulk cement); cesspool digger and
installer; chucktender; Chute handler, pouring concrete,
Page 16
25D-50
wage decision
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 tiiler; 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; ori-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
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 fiat 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; Pi elayer
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
Page 17
25D-51
wage decision
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,
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
----------------------------------------------------------------
LAB00652-003 07/01/2017
Rates Fringes
Brick Tender .....................$ 31.36 17.82
----------------------------------------------------------------
LABo1184-001 07/01/2017
GROUP 1: Protective coating, ppavement 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 -
Page 18
25D-52
Rates
Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling crew Laborer ... $
34.65
13.20
(2) vehicle operator/Hauler.$
34.82
13.20
(3) Horizontal Directional
Drill operator ..............$
36.67
13.20
(4) Electronic Tracking
Locator .........:...........$
38.67
13.20
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, ppavement 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 -
Page 18
25D-52
wage decision
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
LABO1414-001 08/02/2017
25D-53
Rates
Fringes
LABORER
PLASTER CLEAN-UP LABORER ....
$ 32.50
18.29
PLASTER TENDER ..............$
35.05
18.29
work on a swing stage scaffold;
$1.00 per hour
additional.
-----------------------------------------------------------
PAIN0036-001 07/01/2017
Rates
Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego county) ...............$
27.59
13.94
(2) All other work ..........
$ 31.12
13.94
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 10/01/2016
Rates
Fringes
DRYWALL FINISHER/TAPER ........... $ 37.18
17.99
-----------------------------------------------------------
PAIN0036-015 06/01/2017
Rates
Fringes
Page 19
25D-53
wage decision
GLAZIER ..........................$ 40.95 24.40
FOOTNOTE:' Additional $1.25 per hour for work in a condor,
from the third Ord) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PAIN1247-002 05/01/2017
Rates Fringes
SOFT FLOOR LAYER .................$ 32.35 14.56
----------------------------------------------------------------
PLAS0200-009 08/02/2017
Rates Fringes
PLASTERER ........................$ 41.26 14.46
----------------------------------------------------------------
PLAS0500-002 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 33.30 23.33
--------------------------------------------------------------
PLUM0016-001 07/01/2017
Rates Fringes
PLUMBER/PIPEFITTER
Plumber and Pirefitter
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 .......................$ 49.28 21.61
Work ONLY on new additions
and remodeling of bars,
restaurant,stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space .................$ 47.76 20.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$ 36.91 18.96
PLUM0345-001 07/01/2014
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 29.27 19.75
sewer & storm Drain Work .... $ 33.24 17.13
----------------------------------------------------------------
ROOF0036-002 08/01/2017
Page 20
25D-54
wage decision
Rates Fringes
ROOFER ...........................$ 37.07 16.17
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 $1.75 per
hour "pitch premium" pay.
---------------------------------------------------------------
SFCA0669-008 04/01/2017
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER .................$ 39.07 15.84
----------------------------------------------------------------
SFCA0709-003 07/01/2015
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS
ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire) .......... $ 42.93 24.04
------------------------------------------ ----------
SHEE0105-003 07/01/2016
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work ........................$ 41.86
(2) Industrial work
including air pollution
control systems, noise
abatement hand rails,
guard raids, excluding
aritechtural sheet metal
work, excluding A -C,
heating, ventilating
systems for human comfort ... $ 41.86
----------------------------------------
TEAM0011-002 07/01/2017
Rates
Fri ngeS
PTIF-F
26.88
---------------
Fringes
TRUCK DRIVER
GROUP 1 ....................$ 29.59 27.74
Page 21
25D-55
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, camp Roberts, china Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridge ort, Point Arguello, Point conception,
Vandenberg AFBf
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; cement mason distribution truck; Fuel
truck driver; water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
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; Dumperete truck,
6-1/2 yds. water level and over; vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 ds. 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 - $1.25 additional
Page 22
25D-56
wage decision
GROUP
2 ....................$
29.74
27.74
GROUP
3 ....................$
29.87
27.74
GROUP
4 ....................$
30.06
27.74
GROUP
5 ....................$
30.09
27.74
GROUP
6..; ............. ... $
30.12
27.74
GROUP
7 ....................$
30.37
27.74
GROUP
8 ....................$
30.62
27.74
GROUP
9 ....................$
30.82
27.74
GROUP
10 ....................$
31.12
27.74
GROUP
11 ....................$
31.62
27.74
GROUP
12 ....................$
32.05
27.74
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, camp Roberts, china Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridge ort, Point Arguello, Point conception,
Vandenberg AFBf
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; cement mason distribution truck; Fuel
truck driver; water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
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; Dumperete truck,
6-1/2 yds. water level and over; vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 ds. 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
Page 22
25D-56
wage decision
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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
the yy 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
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.
Page 23
25D-57
wage decision
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.
A UAVG rate will be updated once a year, usually in 7anuary 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.
Page 24
25D-58
wage decision
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 Wagge and Hour Administrator
(see 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) if the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, Dc 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 25
25D-59
Exhibit F - PISA with Siemens
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance,
section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e)
also applies to the work to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and hidian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of compliance with section 7(b).
25D-60
Exhibit G - MSA with Siemens
U.S. Department of Housing
Federal Labor Standards Provisions and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains Is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations Issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made 'a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or casts
Incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or Incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification In which
work Is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(II) and the Davis -Bacon poster (WH -
1321) shall be posted at all times by the contractor and Its
subcontractors at the site of the work In a prominent and
accessible, place where it can be easily seen by the
workers.
(it) (a) Any class of laborers or mechanics which Is not
listed In the wage determination and which is to be
employed under the contract shall be classified In
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested Is not performed by a classification in the wage
determination; and
(2) The classification Is utilized In the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or Its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or Its designee within the 30 -day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or Its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or Its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or Its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or Its designee or will notify
HUD or Its designee within the 30 -day period that
additional time Is necessary. (Approved by the Office .of
Management and Budget under OMB Control Number
1215-13140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(I1)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(Iii) Whenever the minimum wage rate prescribed In the
contract for a class of laborers or mechanics Includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD -4010 (0612009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1
25D-61
of the wages of any laborer or mechanic the amount of any
communicated In writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe
affected, and records which show the costs anticipated or
benefits under a pian or program, Provided, That the
the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of
Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis-
approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may
registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account
trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or
trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and
applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.)
Management and Budget under OMB Control Numbers
2. Withholding. HUD or Its designee shall upon Its own
1215-0140 and 1216.0017.)
action or upon written request of an authorized
(II) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or
in which any contract work Is performed a copy of all
cause to be withheld from the contractor under this
payrolls to HUD or its designee If the agency is a party to
contract or any other Federal contract with the same prime
the contract, but if the agency is not such a party, the
contractor, or any other Federally -assisted contract
contractor will submit the payrolls to the applicant
subject to Davis -Bacon prevailing wage requirements,
sponsor, or owner, as the case may be, for transmission to
which Is held by the same prime contractor so much of the
HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered
accurately and completely all of the Information required
necessary to pay laborers and mechanics, including
to be maintained under 29 CFR 5.5(a)(3)(I) except that full
apprentices, trainees and helpers, employed by the
social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages
Included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any
only need to Include an individually identifying number for
laborer or mechanic. Including any apprentice, trainee or
each employee (e.g., the last four digits of the employee's
helper, employed or working on the site of the work, all or
social security number). The required weekly payroll
part of the wages required by the contract, HUD or its
information may be submitted in any form desired.
designee may, after written notice to the contractor,
Optional Form WH -347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be
the Wage and Hour Division Web site at
necessary to cause the suspension of any further
httn://www.dol.gov/esa/whd/forms/wh347instr htm or Its
payment, advance, or guarantee of funds until such
successor site. The prime contractor Is responsible for
violations have ceased. HUD or its designee may, after
the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts
Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or
social security number and current address or each
subcontractor to the respective employees to whom they
covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such
HUD or Its designee if the agency Is a party to the
disbursements in the case of direct Davis -Bacon Act
contract, but if the agency Is not such a party, the
contracts.
contractor will submit the payrolls to the applicant
3. (I) Payrolls and basic records. Payrolls and basic
sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the
HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a
Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and
investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records
requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security
a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct
addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates
contractor for Its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe
to HUD or Its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described
Management and Budget under OMB Control Number
In Section I(b)(2)(B) of the Davis -bacon Act), daily and
1215-0149.)
weekly number of hours worked, deductions made and
(b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has
"Statement of Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any
subcontractor or his or her agent who pays or supervises
laborer or mechanic Include the amount of any costs
the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan
and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis-
(1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which
Information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits Is
the appropriate informations being maintained
enforceable, that the plan or program is financially
under 29 CFR
under (3)(i), and that such Information is
responsible, and that the plan or program has been
correct and complete;
complete;
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form HUD -4010 (0612009)
Page
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25D-62
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or Indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth In 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rales and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
Incorporated Into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
'Statement of Compliance" required by subparagraph
A.3.(il)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
Inspection, copying, or transcription by authorized
representatives of HUD or Its designee or the Department
of Labor, and shall permit such representatives to
Interview employees during working hours on the job. If
the contractor or subcontractor falls to submit the required
records or to make them available, HUD or Its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for thework they
performed when they are employed pursuant to and
Individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site In excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which Its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified In the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(II) Trainees. Except as provided in 29 CFR 6.16,
trainees will not be permitted to work at less then the
predetermined rate for the work performed unless they are
employed pursuant ',to and Individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person Is employed in his or her first 90 specified In the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who . Is not Individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there Is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who Is not
worker listed on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by
Previous editions are obsolete form HUD -4010 (0612009)
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25D-63
the Employment and Training Administration shell be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(111) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be In conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are Incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 In this paragraph A and such
other clauses as HUD or Its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to Include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein Incorporated by reference In this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved In
accordance with the procedures of the Department of
Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause Include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U,S. Department of Labor, or the
employees or their representatives.
10. (1) Certification of Eligibility. By entering Into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm Ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(it) No part of this contract shall be subcontracted to any
parson or firm Ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate In HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements Is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of ... Influencing in any
way the action of such Administration..... makes, utters or
publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or Imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or In any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or Instituted or caused to be Instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
S. Contract Work Hours and Safety Standards Act The
provisions of this paragraph 3 are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers"and"mechanics" include watchmen and guards.
(1) Overtime requiremonts. No contractor or subcontractor
contracting for any part of the contract work which may require or
Involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic In any workweek In which the
Individual Is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (In the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each Individual
laborer or mechanic, Including watchmen and guards,
employed in violation of the clause set forth In
subparagraph (1) of this paragraph, Inthesumof$10foreach
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
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25D-64
(3) Withholding for unpaid wages and liquidated
damages. HUD or Its designee shall upon Its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided In the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
Insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to Include these
clauses In any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under viorking conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
Issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result In Imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 at sea.
(3) The contractor shall Include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
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25D-65
Exhibit H - MSA with Siemens
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
Page 1 of 3
25D-66
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Organization
Authorized Signature
Date
Page 2 of 3
25D-67
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
l0ETi L�
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
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25D-68