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2016-04-12 - AGENDA REPORTS - CONCRETE PROJS M0110 T0047 (2)
Agenda Item: 6 CITY OF SANTA CLARITA I& AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: April 12, 2016 SUBJECT: 2015-16 ANNUAL CONCRETE REHABILITATION PROGRAM (CITYWIDE), PROJECTS MO 110 AND T0047 - AWARD CONSTRUCTION CONTRACT DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the Fiscal Year 2015-16 Annual Concrete Rehabilitation Program (Citywide), Projects MO 110 and T0047. 2. Award the construction contract to the lowest responsive bidder, FS Contractors, Inc., in the amount of $1,073,994 and authorize additional work in the amount of $250,000 for a total contract amount not to exceed $1,323,994. 3. Authorize the transfer of Community Development Block Grant (CDBG) Funds (203) in the amount of $25,000 from ADA Sidewalk Access Ramps project account T0048203-5161.001 to account T0047203-5161.001, 2015-16 Access Ramp Construction Program. 4. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND The Annual Concrete Rehabilitation Program consists of three annual efforts awarded under one contract to make the most efficient use of available funding. The sidewalk repair/curb and gutter program will replace existing sidewalks damaged by tree roots and pavement settlement and will improve drainage flow into local storm drains, thereby improving storm water quality and eliminating potential ponding water. The access ramp construction program will serve our disabled community through the installation of new access ramps, while meeting the requirements outlined in Title 21 of the Americans with Disabilities Act (ADA). Page 1 Packet Pg. 28 This project is a component of the "Sustaining Public Infrastructure" theme in Santa Clarita 2020, the City of Santa Clarita's five-year strategic plan. The attached list of locations was generated by resident requests or were areas identified by staff as needing restoration. Substantial constraints and controls were established in the construction documents to reduce potential impacts on local traffic and homeowners during the construction phase. Construction is scheduled to begin May 2016 and is anticipated to be complete within 150 working days following the Notice to Proceed. Staff will appoint inspectors to ensure proper work performance by the contractor and to handle daily field issues should they arise. An invitation to bid was published three times, February 4, February 9, and February 11, 2016, and was posted on the City of Santa Clarita's (City) website. Plans and specifications were also sent to area plan rooms. Four responsive bids were submitted to the City and opened by Purchasing on March 7, 2016. The results are shown below: Company Name FS Contractors, Inc. Kalban, Inc. Toro Enterprises, Inc. Hardy & Harper, Inc. Location Sylmar, CA Sun Valley, CA Oxnard, CA Santa Ana, CA Base Bid Amount $1,073,994 $1,291,122 $1,498,928 $1,515,000 Staff recommends the contract be awarded to FS Contractors, Inc., the lowest responsive bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. The total current budget for the Fiscal Year 2015-16 Annual Concrete Rehabilitation Program is $1,525,000, allowing for a contract amount not to exceed $1,323,994. This provides funds for concrete work for additional sites, which will include new curb ramps, curb and gutter repairs, and sidewalk maintenance at various locations based on each program's prioritized list. The remaining budget of $201,006 is being utilized for project administration and support items, such as tree trimming and/or removal, labor compliance, environmental support, surveying, and material testing. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Adequate funds totaling $1,525,000 have been appropriated into the various 2015-16 Annual Concrete Rehabilitation Program expenditure accounts. The requested transfer of CDBG funds (203) from T0048203-5161.001, ADA Sidewalk Access Ramps, to account T0047203-5161.001, 2015-16 Access Ramp Construction Program, does not change the sum of total funds currently Page 2 Packet Pg. 29 intended for the 2015-16 Annual Concrete Rehabilitation Program. The transfer is performed solely to facilitate reporting requirements. The 2015-16 Annual Concrete Rehabilitation Program funds totaling $1,525,000 will adequately provide for all anticipated project costs, including base contract amount, anticipated additional work, project administration, and support items, such as tree trimming and/or removal, labor compliance, environmental support, surveying, and material testing. ATTACHMENTS List of Locations Project Specifications (available in City Clerk's Reading File) Bid Proposal for FS Contractors, Inc. 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O O vi O O N V N vl O of N V O e 0 O of O O O O O eei .y 00i eOn .ni �"� 01 N Of H N dl Ol N N rl N H m N 00 Of x ill x �n x Y1 x Y1 N X X X in n k �n X x X N N X X X X X Vl x x IA N x x N x V1 Uf x VI Uf x x VI Y1 x Q 1A x mx N x V1 x x X N X N N x x N x x tll x x ill x N x x n m (vl ul 4 x x N N x m o e o rn o m .n m m o+ �n o N e o ., m N m o o m m o m e m m �o o n a a e m v .., x r $ �' - - - - - - - - - N N N °�' - - M 0 0 °c oc ° °c - - c' ¢' ¢' ¢' ¢ a'e ¢' ¢' m' m c' z' a' c' z' c' m' s' m' ¢ m' c' c' ¢' m v 0 , `0 0 0 0 0 0 0 0 `o a o n M > > > In d 0 a _ Q � u i 3 � � � d 3 " 3 z v 0 v N Z' N I w z N I IF N n n m �n v v x N X N � N N Vf N N Y) 0 N H m VI Ol N O) Ol N V1 N N .-I O] N 1p Yl N N X X x x x x x x X N% x X X h x x N X N H N tlf N V m N N N .�-� m N N N T fOry N O .-� x Ol Yx IA Ill Y1 Y1 Y1 Y1 N of N N 0 0 0 O o U O O vNN o O o« %C E E E O E a t p a iii - p O p a c p p m m 2@ 0 0 m v I a Q Q U O W — —� O H H 0 o H H o H K < ^+ o o ry a ry m N m m o$ m m a irv++ a v e e v e o o e�M� > > > >' > 3 > > > > > > > THE CITY OF SANTA CLARITA CONTRACT DOCUMENTS AND SPECIAL PROVISIONS For Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 Prepared by: City of Santa Clarita Public Works Department 23920 Valencia Blvd, Suite 300 Santa Clarita, CA 91355 Bid Opening: March 7, 2016 at 11:00 am CONTRACT DOCUMENTS AND SPECIAL PROVISIONS •; Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 February 5, 2016 Prepared By: City of Santa Clarita Public Works Department 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355-2196 Julia Regan Contact: (661) 255-4301 jregan@santa-clarita.com Approved fototion: -- Robert G. Newman, Director of Public Works City of Santa Clarita D e: TABLE OF CONTENTS Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0045 Bid No. ENG-15-16-MO110 TITLE SECTION NOTICEINVITING BIDS................................................................................................ A INSTRUCTIONS TO BIDDERS...................................................................................... B PROPOSAL................................................................................................................... C • COVER PAGE • PROJECT BID SCHEDULE • DESIGNATION OF SUBCONTRACTORS • REFERENCES • DEBARMENT AND SUSPENSION CERTIFICATION • EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION • BIDDER'S INFORMATION AND CERTIFICATION • BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID • PROPOSAL GUARANTEE (BID BOND) • NON -COLLUSION AFFIDAVIT • BIDDER'S QUESTIONNAIRE • CERTIFICATION OF NON -SEGREGATED FACILITIES • NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS • DISCLOSURE OF LOBBYING ACTIVITIES CAPITAL IMPROVEMENT PROJECT AGREEMENT ................................................... D • FAITHFUL PERFORMANCE BOND • LABOR AND MATERIAL BOND GENERAL SPECIFICATIONS....................................................................................... E GENERAL PROVISIONS................................................................................................F ATTACHMENTS EXHIBIT "A".................................................................................. LIST OF LOCATIONS EXHIBIT"B.. ........................................... ROOT PRUNING and MODIFIED TREE WELL EXHIBIT "C CONSTRUCTION & DEMOLITION MATERIALS MANAGEMENT PLAN APPENDIX"A.. ......................................................... LABOR COMPLIANCE PROGRAM APPENDIX"B....................................................CDBG PROJECT REQUIREMENTS APPENDIX "C"..............................................................FEDERAL WAGE RATES NOTICE INVITING BIDS For Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 City of Santa Clarita, California PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Santa Clarita for the Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide). Bids must be submitted to the Purchasing Division, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA, 91355, before 11:00 a.m., on Monday, March 7, 2016 at which time, or shortly thereafter, they will be publicly opened and read in the City Clerk's Office, Suite 120. Contract documents for this bid may be downloaded from the City's Purchasing website at www.santa-clarita.com/purchasing. Please refer to the documents for complete details and bid requirements. The specifications in this Notice shall be considered a part of any contract made pursuant thereto. A paper copy of the bid documents may also be viewed at City Clerk's Office, Suite 120. Work shall be done in accordance with the contract documents known as Fiscal Year 2015- 2016 Annual Concrete Rehabilitation Program (Citywide), a copy of which is on file and open for inspection at the City Clerk's Office, Suite 120. The work is expected to cost approximately $1,175,000.00 dollars. Bids (Proposals) shall be enclosed in a sealed envelope and plainly marked on the outside in conformance with the Instructions to Bidders "SEALED BID FOR FISCAL YEAR 2015-2016 ANNUAL CONCRETE REHABILITATION PROGRAM (CITYWIDE), CITY BID ENG -15-16- M0110, City of Santa Clarita, California — DO NOT OPEN WITH REGULAR MAIL." Bidders may fax their questions to Julia Regan at (661) 254-3538 or e-mail at jreganc@santa- clarita.com until 5:00 p.m. on or before February 29, 2016. Any questions submitted after February 29, 2016 will not be answered. Addenda, if issued by the Agency, will be transmitted by electronic E-mail. All plan holders shall provide a valid, accessible e-mail address in order to receive timely addenda. It is the responsibility of the plan holder to provide a correct and monitored e-mail address. All signed addenda must be submitted with the bid proposal. Failure to sign and return all addendums shall render the bid non-responsive. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, Class A at the time that a contract for this work is awarded. Failure to possess the specified license shall render the bid as non- responsive and shall act as a bar to award the contract to any bidder not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. This project includes CDBG funding and Section 3 requirements will be enforced. A non- mandatory pre-bid meeting to discuss Section 3 requirements will be held for those contractors interested in seeking Section 3 preference from the City of Santa Clarita. The meeting will be held at 2:00pm on Tuesday, February 16 in the Orchard Conference room located at 23920 Valencia Blvd, Santa Clarita, CA. Information for Section 3 requirements can be found at www.HUD.gov/section3. A-1 This contract is subject to the State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca._qov/OPRL/PWD/index.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor may be found at http://www.wdol.gov/dba.asl)x. Attention is directed to the Federal minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise viable for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. THIS IS A FEDERALLY ASSISTED PROJECT AND THE DAVIS BACON ACT WILL BE ENFORCED. This bid is subject to SB 854. See bidder instructions for details. Contractor shall further adhere to the requirements contained in the City of Santa C►arita's Labor Compliance Program, approved by the DIR for projects with a Bid Advertise Date of November 20, 2003 or later, and which will become part of the conformed documents. All pertinent California statutes and regulations, including, but not limited to those referred to in the City's Labor Compliance Program, are incorporated herein by reference as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such. Contractor shall submit certified copy of all Certified Payroll Records (CPRs) with the progress payment on at least monthly basis to the City, at no cost to the City. City Project Manager: Julia Regan Contact Number: (661) 255-4301 E-mail address: ireaan(a)santa-clarita.com Published three (3) times: February 4, February 9, and February 11, 2016 A-2 SECTION B: INSTRUCTIONS TO BIDDERS For Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 PROPOSAL FORMS Bids shall be submitted in writing and on the PROPOSAL forms (see Section C) provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified check, cashier's check or BIDDER's bid bond payable to the AGENCY or cash deposit in the amount not less than ten (10) percent of the total amount bid. Proposals not accompanied by such a guarantee will be deemed non-responsive and will not be considered. If a BIDDER to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. Proposal guarantees of all BIDDERS will be held until the successful BIDDER has properly executed all contract documents. The bonding company must be listed on Treasury Circular 570 and licensed to conduct business in the state of California, or licensed by the California State Department of Insurance to issue sureties. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID FOR Fiscal Year 2015-2016, Annual Concrete Rehabilitation Program (Citywide), City Projects M0110 and T0047, Bid No. ENG-15-16-MO110 — DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger; however, it is the BIDDER's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's Purchasing Office, Suite 120, prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will be deemed non-responsive and will not be considered. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the BIDDER. Such requests must be delivered to the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the BIDDER to submit a new proposal, providing there is time to do so. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any BIDDER acting as a prime CONTRACTOR has an interest in more than one proposal, all such proposals will be rejected, and the BIDDER will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one BIDDER and, while doing so, may B-1 also submit a formal proposal as a prime CONTRACTOR. Proposals will be accepted from BIDDERS who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful BIDDER shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State CONTRACTOR's license, Class A at the time a contract for this work is awarded. The AGENCY may conduct investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the BIDDER to do the Work in accordance with the Contract Documents to the AGENCY's satisfaction within the prescribed time. To determine the degree of responsibility to be credited to the BIDDER, the AGENCY will weigh any evidence including but not limited to evidence of suspension, debarment, exclusion, or determination of ineligibility by any other AGENCY. It is the intention of the AGENCY to award a contract to a BIDDER who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient experience and services, except as may be provided otherwise in the Contract Documents. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. At the time of the bid opening, BIDDER shall provide documentation with references to substantiate his experience including job location, size, schedule and owner's name, address and telephone number for the above items. Before entering into a Contract, the successful bidder shall furnish a statement of his financial condition as may be required by the AGENCY. Except for Projects that are fully or partially federally funded, any BIDDER or persons or companies associated with the bid which have been debarred or disqualified from bidding (including, but not limited to, the owner, partner, director, office manager, superintendents, project managers or employees of the Bidder or any Subcontractor) by any PUBLIC AGENCY in the last (10) ten years is deemed not to be a responsible BIDDER for the purposes of this project. For Projects that are fully or partially federally funded, the Bidder shall be governed by and must execute Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification. Signature of the Bid shall also constitute signature of this Certification. THIS PROJECT IS PARTIALLY/FULLY FEDERALLY FUNDED. If in the opinion of the AGENCY, a BIDDER is determined to be insufficiently qualified, then that bid will not be considered for award of the contract. EXAMINATION OF CONTRACT DOCUMENTS BIDDER shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that BIDDER has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents. BIDDERS must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the AGENCY by fax as instructed and with the date and time given for BIDDERS questions in the most current NOTICE INVITING SEALED BIDS. EMPLOYMENT OF LOCAL LABOR AND BUSINESSES All BIDDERS are encouraged to utilize Santa Clarita Valley subcontractors and suppliers to the extent they are available, competitive and qualified. However, no bid will be affected either positively or negatively by the inclusion or exclusion of such Santa Clarita Valley businesses. LEGAL RESPONSIBILITIES B-2 Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature, whether the same are expressly referred to herein or not. BIDDERS submitting a proposal shall, by such action thereby, agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the plans, specifications, and other contract documents, and to full compliance therewith. Additionally, BIDDERS submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification, or type of workman required, as set forth by the Director of Industrial Relations of the State of California. Attention is directed to the Federal minimum wage rate requirements in the books entitled "Proposal and Contract". If there is a difference between the Federal minimum wage rates predetermined by the Sectary of Labor and the State general prevailing wage rate determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and subcontractors shall pay not less than the higher wage rate. NON-DISCRIMINATION In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seg.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. PROTECTION OF RESIDENT WORKERS The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 90 days, all as may be required to provide for the best interests of the AGENCY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the Engineer's Estimate. The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the BIDDER whose proposal is accepted. No other act of the AGENCY shall constitute acceptance of a proposal. The award of contract shall obligate the BIDDER, whose proposal is accepted to furnish all required bonds, as well as evidences of insurance and execute the contract set forth herein. The successful BIDDER will be required to furnish a Labor and Material Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price. Also, the successful BIDDER will be required to submit worker's compensation insurance, and liability insurance with the contract. Surety bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and satisfactory to the City of Santa Clarita. The AGENCY reserves the right to increase or decrease the amount of any or all of the approximate quantity shown in the Bid Schedule, and to add or delete the locations, type, and extent of work, which has been identified and summarized in Exhibit "A". Limits of work are with in total limits of City of Santa Clarita including B-3 but not limited to Newhall, Saugus, Valencia and Canyon Country. Increases or decreases in the quantities of work within the limits specified shall in no way invalidate the unit bid or contract prices. No claim shall be made by the Contractor for any loss of anticipated profits because of any such alternation or by reason of any variation between the approximate quantities and the quantities of work as done. BID CORRECTION RULES In the case of a mathematical discrepancy or discrepancies in the bid submitted, the City shall apply the following Rules to correct the bid amount: 1) Unit prices shall govern over extended item prices. 2) The total of the extended item pricing, if corrected by Rule #1, will govern over the Total Amount of the Bid. 3) If the Total Amount of the Bid, as submitted by the BIDDER, has a discrepancy between the number amount and the amount written in words, then words shall govern. This Rule shall not apply if the City has corrected the Total Amount of the Bid pursuant to Rule #1 and/or Rule #2. ASSIGNMENT OF CONTRACT The Contract may not be assigned without the written consent of the AGENCY, provided that this shall not preclude the assignment of the Contract as security or the assignment of the whole or any part of the proceeds of the Contract including monies, assessment, partial assessment, reassessment, or any bonds which may be issued and represent any assessment or reassessment due or to be due under the Contract. REGISTRATION OF CONTRACTORS The successful BIDDER shall possess a State Contractor's license, Class A at the time that a contract for this work is awarded; CONTRACTORS shall be licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. NOTICE REQUIREMENTS No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. AGENCY CONTRACTOR MEETING The CONTRACTOR to whom the award is made will be notified to meet with the AGENCY's Representative for the purpose of reviewing of plans and specifications and instructions on procedures. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS The right is reserved, as the interest of the AGENCY may require, to amend the specifications and/or drawings prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an addendum, or addenda. Copies of such addenda as may be issued will be furnished to all prospective BIDDERS. If the revisions and amendments are of a nature which requires material changes in quantities or price bid, or both, the date set for opening bids may be postponed by such number of days as, in the opinion of the AGENCY, will enable BIDDERS to revise their bids. In such cases, the addendum will include an announcement of the new date for opening bids. LIST OF SUBCONTRACTORS Each BIDDER must submit with his bid the following: B-4 A) The full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed. B) The address of each firm. C) The telephone number at the place of business. D) Work to be performed by each subcontracting firm. E) Total approximate dollar amount of each subcontract. F) If subcontractor is participating as a Disadvantaged Business Enterprise (DBE), the following additional information is required on the "Designation of Subcontractors" form enclosed: Status as a DBE, age of the firm and the annual gross receipts. Submit the list "Subcontractor's List" from enclosed herewith. No Contract shall be considered unless such list is submitted as required. The City of Santa Clarita reserves the right to reject any and all bids, or delete portions of any and all bids, or waive any informality in the bid not affected by law. Before entering into a Contract, the successful BIDDER shall furnish a statement of his financial condition and previous construction experience or such evidence of his qualifications as may be required by the contracting AGENCY. UNFAIR BUSINESS PRACTICES CLAIMS: ASSIGNMENT TO AWARDING BODY Pursuant to Section 7103 of the Public Contracts Code, the contract to be awarded will be defined as a "public works contract". In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal - aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. This certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: 1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, B-5 3. A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than ten (10) days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The ten days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE subcontractors. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over thirty days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. CALIFORNIA DEBARRED CONTRACTORS AND SUBCONTRACTORS Sections 1720 et seq. of the Labor Code and Section 6109 of the Public Contract Code apply to the Contract, and each potential Contractor and Subcontractor is responsible to be in full compliance with those laws. If a potential contractor or subcontractor has been found by the California Labor Commissioner to be in violation of Section 1720 et seq. of the Labor Code, in accordance with Section 1777.1 of the Labor Code, the potential contractor shall be ineligible to bid or be awarded a contract or to perform work on any City public works project. In accordance with Section 6109 of the Public Contract Code any subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work on any City public works project. Pursuant to Section 6109(b) of the Public Contract Code, any contract on a City public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any City money for performing work as a subcontractor on a City public works contract, and any City money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the City project. PROTEST PROCEDURES Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff. (1) Definitions "Bidder" means any person or firm providing a timely, written response to the City solicitation. B-6 "Bid Protest" means any protest with regard to the response submitted by another bidder. "Response" means the written response to the City solicitation provided by a person or firm. "Solicitation Protest" means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation. "Solicitation" means the document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response. (2) Format The protest must be in writing and include the following information at a minimum: (a) The name, address and phone number of the protester, or the authorized representative of the protester; (b) The signature of the protester or authorized representative of the protester; (c) The solicitation number and title under which the protest is submitted; (d) A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and (e) The form of relief requested. (3) Solicitation Protests Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work or process, must be received by the City's Purchasing Agent not more than five calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the Purchasing Agent on any solicitation protest shall be final. (4) Bid Protest and Review (a) The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the bid opening. (b) A copy of the protest must be served upon the bidder subject to the protest in the same manner by which the protest was submitted to the City Manager. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest. (c) A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the protest has been served by the protesting bidder. (d) The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within 14 calendar days of receipt of the bid protest. The City Manager or designee may extend the 10 calendar days if necessary to review additional information requested from any bidder. (e) The decision of the City Manager or designee on the bid protest shall be final with no further review. (5) State or Federal Funding B-7 (a) If the subject matter of the solicitation or project is receiving any State or Federal funds which require a protest procedure different than the procedures stated above, then that protest procedure shall control. (b) In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project. (6) Mandatory Procedure This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions. SECTION 3 INCENTIVES This project includes CDBG funding and triggers Section 3 requirements to be enforced. The following incentives are offered to contractors who are certified by the City of Santa Clarita as Section 3 Business Concerns, as specified in the City of Santa Clarita's Section 3 Plan: 1. Reduced percentage of retention to be held by the City. The retention will be reduced by a minimum of 1%, with the condition that the contractor must provide the City with Conditional Waiver and Release Upon Progress Payment. 2. Greater portion of mobilization costs to be paid at the start of construction. 50% of mobilization costs will be paid at the start of construction. The remaining 50% shall be amortized over the duration of the project. 3. Assistance with Labor Compliance requirements. Assistance with Labor Compliance will be provided to the contractor who is awarded the construction contract, as well as any subcontractors. Information on becoming certified as a Section 3 Business Concern will be available at a non -mandatory pre- bid meeting to be held at 2:OOpm on Tuesday, February 16 in the Orchard Conference room located at 23920 Valencia Blvd, Santa Clarita, CA, or by contacting: Erin Lay Housing Program Administrator City of Santa Clarita 23920 Valencia Blvd., Suite 302 (661) 286-4171 Information for Section 3 requirements can also be found at www.HUD.gov/section3. B-8 PRECONSTRUCTION DOCUMENTS CHECKLIST The following documents are required to be completed and submitted by the Contractor at the times specified by an X opposite each title. If no column is marked, document will not be required. With Bid Proposal (All Bidders) With Agreement (Awardee only) Prior to Starting Construction (Awardee only) X Proposal X Noncollusion Affidavit X Certification with Regard to Performance of Previous Contracts X Debarment and Suspension Certification X List of Subcontractors X Bidder's Bond X All Signed Addendums (if applicable) X Section 3 Clause X Contractor's Section 3 Affirmative Action Plan X Contract Agreement X Bond for Faithful Performance X Payment Bond (for Labor and Material) X Certification of Public Liability and Property Damage Insurance X Certification of Worker's Compensation Insurance X Contractor's/Subcontractor's Certification for Section 3 Coordinator X Section 3 - Estimated Project Workforce Breakdown X Section 3 — Summary of Subcontracts X Preconstruction Meeting X Construction Schedule N/A Water Pollution Control Plan X List of all Subcontractors X Subcontractor's Certification with Regard to the Performance of Previous Contracts or Subcontractors (Required for all Subcontracts over $10,000) X Materials List and Manufacturer's Brochures (As Required) X Permits X Emergency Contact Information X Construction and Demolition Materials Management Plan B-9 SECTION C: PROPOSAL For Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 TO THE CITY OF SANTA CLARITA, AS AGENCY: In accordance with AGENCY'S NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. BIDDER agrees that the price bid for the project shall include all costs covering the performance of work including the furnishing of labor, materials, tools, and equipment. BIDDER further agrees that the cost of work necessary for the completion of a particular Bid Schedule item has been included in the price bid for that item unless the work is specifically included in another item; and if there is no bid item for a particular item of work, full compensation for such work shall be considered as included in the price bid for other items of work. Company Name: Company Address: By: Print Name Title: Signature: Date: C-1 BID SCHEDULE Fiscal Year 2015-2015 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 ITEM DESCRIPTION OTY UNIT UNIT PRICE TOTAL NO. 1 Mobilization 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 Implementation of Best Management Practices 1 LS $ $ 4 Removal of 4" Portland Cement Concrete Sidewalk 2,500 SF $ $ 5 Removal and Replacement of 4" Portland Cement 79,442 SF $ $ Concrete Sidewalk 6 Removal and Replacement of 4" Residential 10,148 SF $ $ Driveway Approach 7 Removal and Replacement of 6" Commercial 378 SF $ $ Driveway Approach 8 Removal and Replacement of 6" Portland Cement 311 LF $ $ Concrete Curb & Gutter 9 Removal and Replacement of 8" Portland Cement 2,072 LF $ $ Concrete Curb & Gutter Removal and Replacement of Asphalt Pavement 10 Section for Curb & Gutter and Cross Gutter 5,381 SF $ $ Locations 11 Removal of 4" PCC Sidewalk/Curb & Gutter and 74 EA $ $ Construction of PCC Curb Ramp 12 Removal and Replacement of PCC Spandrels and 19,067 SF $ $ Cross Gutter TOTAL $ BID: Total Bid in Words: C-2 Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 DESIGNATION OF SUBCONTRACTORS Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of 1/2 of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. DBE status, age of firm and annual gross receipts are required if sub contractor is participating as a DBE. Subcontractor DBE STATUS: Dollar Value of Work Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / 1 Phone ( ) Subcontractor DBE STATUS: Dollar Value of Work Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DBE STATUS: Dollar Value of Work Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone( ) Notes: 1. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. 2. Bidders shall fill out the Subcontractor's List in its entirety. The total dollar value of work to be performed by Subcontractors shall be in conformance with Section 2-3 "Subcontracts" of General Provisions in these contract documents. (Use Additional Sheets if Necessary) C-3 Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 REFERENCES The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past three (3) years: 4 3. and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: Contractor's Name C-4 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The bidder under penalty of perjury certified that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager: is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidders' responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and dates of action. NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. C-5 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 * * * (Must be filled out by the Bidder and ALL subcontractors over $10,000) * * * This bidder , proposed subcontractor , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has , has not _, filed with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. Company: By: Title: Date: Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Note: This form must be received by the AGENCY from all subcontractors no later than 4:00 PM on the 4`" business day after the bid opening. Prime contractor is to submit certificate at bid opening. C-6 BIDDER'S INFORMATION AND CERTIFICATION Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. Bidder's Name: Business Address: Telephone No.: State CONTRACTOR's License No. & Class: Original Date: Expiration Date: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venture are as follows: C-7 All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforementioned principals this day of 20 BIDDER: Signature Name and Title of Signatory Legal Name of Bidder Address Telephone Number Federal Tax I.D. No. SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED Subscribed and sworn to this Notary Public day of , 20 C-8 (SEAL) BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a ''certified/cashier's check payable to the order of the City of Santa Clarita for: dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 Bidder's Signature CONTRACTOR Address City, State, Zip Code * Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. C-9 PROPOSAL GUARANTEE BID BOND Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 KNOW ALL MEN BY THESE PRESENTS that as BIDDER, and - as , are held and firmly boundunto the City o Santa arita, as AGENCY, in the penal sum of dollars which is ten percent 10% o t e total amount bid DER to AGENGY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this day of , 20_. BIDDER SURETY" Subscribed and sworn to this day of 20. NOTARY PUBLIC *Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. C-10 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 To the CITY OF SANTA CLARITA: In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. C-11 NON -COLLUSION AFFIDAVIT Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA COUNTY OF LOS ANGELES being first duly sworn deposes and says that he is the (sole owner, a partner, president, etc.) of the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business. Signed: Title Subscribed and sworn to and before me this day of 120 Seal of Notary C-12 BIDDER'S QUESTIONNAIRE Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 If the bidder has answered the questionnaire within the past year and there are no significant changes in the information requested, then the bidder need not file a new questionnaire. If there are changes, indicate those changes. Should the space provided not be adequate, so indicate and complete information on a separate page(s) and attach hereto. 1. Submitted by: Principal Office Address: Telephone: 2. Type of Firm: Corporate: Other: Individual: Partnership: 3a. If a Corporation, answer these questions: Date of Incorporation: President's Name: Vice -President's Name: Secretary or Clerk's Name: Treasurer's Name: State of Incorporation: 3b. If a partnership, answer these questions: Date of organization: State Organized in: Name of all partners holding more than a 10% interest: 4. Designate which are General or Managing Partners. Name of person holding CONTRACTOR'S license: License number Class: Expiration Date: C-13 BIDDER'S QUESTIONNAIRE (cont'd) Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 5. CONTRACTOR's Representative: Title: Alternate: Title: 6. List the major construction projects your organization has in progress as of this date: Owner: (A) Project Location: Type of Project: C-14 CERTIFICATION OF NON -SEGREGATED FACILITIES Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The CONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The CONTRACTOR agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. CONTRACTOR Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor — 32 F.R. 7439, May 19, 1967 (F.R. Vol. 33, No. 33 — Friday, February 16, 1968 — p. 3065). C-15 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. C-16 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: F] a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: F -1 a. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) IL 12. 14. 3. Report Type: F-1 a. initial b. material change For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in-kind; specify: nature a deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes 11 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 print Name: U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: Federal Use Standard Form LLL Rev. 09-12-97 C-17 Authorized for Local Reproduction Standard Form - LLL Wert ] Council Approval Date: Agenda Item: Contract Amount: CAPITAL IMPROVEMENT PROJECT AGREEMENT Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects MO110 and T0047 Bid No. ENG-15-16-MO110 This AGREEMENT is made and entered into BY AND BETWEEN the City of Santa Clarita, as CITY, and , as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTT i,F, I That contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings, appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above -stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations and policies of CITY respecting such services, and in accordance with appropriate standards of Revised June 2011 Page 2 of 13 professional conduct, if any, applicable to the services provided. CITY shall not be responsible for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR and nothing contained herein shall be construed as making the CONTRACTOR, or any individual whose compensation for services is paid by the CONTRACTOR, an agent or employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. ARTICLE VIII CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. Liability Insurance During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities, errors or omissions, of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONTARCTOR'S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. Such General, Public and Professional liability, and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: Revised June 2011 Page 3 of 13 A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Revised June 2011 Page 4 of 13 ARTICLE IX Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary to comply with EDD regulations. ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modification/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Non -Effect Waiver CONTRACTOR's or CITY'S failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severability In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Governing Law This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Revised June 2011 Page 5 of 13 Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including City's Labor Compliance Program (LCP). CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Conflict of Interest CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CTTY's conflict of interest regulations. Prevailing Wages As required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California prevailing wage determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. This contract is subject to both federal and state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, the Davis -Bacon and Related Acts and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. If there is a difference between the federal and state wage rates, the Contract and its subcontractors shall pay not less than the higher wage rate. Contractor shall further adhere to the requirements contained in the City's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent federal and State of California statutes and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable federal and State of California statues and regulations and adhering to the latest editions of such. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. Revised June 2011 Page 6 of 13 The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Federal Prevailing Wages The work being done pursuant to this Contract is paid for in part by the United States of America. Therefore, pursuant to the provisions applicable to such federal assistance, Contractor acknowledges and agrees that the services, construction, and maintenance pursuant to this Contract is, or may become, subject to certain federal laws and regulations, including, but not limited to, provisions of the Davis -Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in part as follows: (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from federal funds or in accordance with guarantees of a federal agency or financed from funds obtained by pledge of any contract of a federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Section 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency provided that such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Section 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 Revised June 2011 Page 7 of 13 classification and wage rates conformed under paragraph (a)(1)(ii) of this section) 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. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore 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 the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The CITY 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 the contractor under this contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event Revised June 2011 Page 8 of 13 of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the CITY may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (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 paragraph (a)(3)(ii)(B) of this section. (D) The falsification Revised June 2011 Page 9 of 13 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 paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the CITY or Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the CITY may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees --(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. 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 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved Revised June 2011 Page 10 of 13 by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (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 shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Housing; and Urban Development (HUD) may by appropriate instructions require, 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 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Revised June 2011 Page 11 of 13 (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Section 5.5(a) or 4.6 of Part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Electronic Transmission of Contract and Signatures The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. Revised June 2011 Page 12 of 13 The parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names and titles on this date of CONTRACTOR: CONTRACTOR Name: Address: Phone & Fax No. ALL SIGNATURES MUST BE Signed By: WITNESSED BY NOTARY CITY: Approved as to Form: Print Name & Title: CONTRACTOR's License No. Class Mayor/City Manager of the City of Santa Clarita City Attorney of the City of Santa Clarita Date: Date: Revised June 2011 Page 13 of 13 FAITHFUL PERFORMANCE BOND Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that , as CONTRACTOR, AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of ,20 CONTRACTOR* SURETY` Subscribed and sworn to this 20 NOTARY PUBLIC day of , * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 5W LABOR AND MATERIAL BOND Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 KNOW ALL MEN BY THESE PRESENTS that , as CONTRACTOR AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of , 20 CONTRACTOR* SURETY* Subscribed and sworn to this 20 NOTARY PUBLIC day of , * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. D-2 SECTION E: GENERAL SPECIFICATIONS Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents. The general scope of work consists of removal and replacement of existing sidewalk, residential and commercial driveway approaches, access ramps per latest ADA standards, curb and gutter, spandrels and cross gutters, replacement of one foot (1') roadway section in kind with replacement of the existing curb and gutter and spandrels and cross gutters; site clean-up and restoration; repair or replacement of all existing improvements within the project limits which are not designated for removal including, but not limited to; landscaping, hardscape, fences, sidewalks, driveways, irrigation systems, signs, utility installations, house addressing, pavement and curb markings, which are damaged or removed as a result of the CONTRACTOR'S operations. CONTRACTOR shall provide safe and adequate pedestrian and vehicular movement at and around all construction sites shall be provided and maintained at all times. Approved barriers and signs (traffic flagging personnel, if necessary), shall be furnished and utilized by the CONTRACTOR to ensure public safety at all times. LOCATION OF WORK The general locations and limits of work are city-wide including Newhall, Saugus, Valencia, and Canyon Country. (See Exhibit A) TIME OF COMPLETION The CONTRACTOR shall complete all work in every detail within (150) working days after the date stated in the Notice to Proceed with Work, exclusive of maintenance periods. NOTIFICATION The CONTRACTOR shall notify the AGENCY's Public Works Inspector not less than two (2) working days prior to start of work. The CONTRACTOR shall also call Underground Service Alert at (661) 422-4133 as required. EMERGENCY INFORMATION The names, addresses, and telephone numbers of the CONTRACTOR and SUBCONTRACTORs shall be filed with the City and the County Sheriff's Department on the day of the pre -construction meeting. RECYCLING PLAN Within seven (7) days of award of Contract, the Contractor shall submit a Construction and Demolition Materials Management Plan (C&DMMP) in accordance with Chapter 15.46, Construction and Demolition Materials Management, of the City of Santa Clarita Municipal Code. This plan shall outline the quantity of inert material (including dirt, rock, brick, concrete, sand, and gravel) and construction material that may be recycled or reused and the possible recycling methods. The C&DMMP must be approved by the Environmental Services Division prior to construction. A sample C&DMMP is provided in Exhibit C. E-1 When preparing the C&DMMP, the Contractor must name the hauler or haulers that the Contractor plans on using for the project. The Contractor must use a hauler that currently has a franchise agreement with the City of Santa Clarita (see Exhibit C for a list of franchised haulers). Contractors are urged to contact the Environmental Services Division at (661) 286-4098 if there are any questions prior to the submission of the C&DMMP. If the Contractor selects to self -haul, the Contractor must name the facility where the material is going to be hauled on the C&DMMP. In accordance with Chapter 15.46, Construction and Demolition Materials Management of the City of Santa Clarita Municipal Code, at least fifty percent (50%) of all Construction and Demolition Materials and Inert Wastes from construction, demolition, grading, and renovation projects shall be diverted from landfills. At least 50% of the construction and demolition materials on this project must be recycled. All weight tickets and estimates of materials shall be given to the city's project inspector. All surplus material shall become the property of the Contractor and shall be disposed of at the Contractor's expense. All materials removed from the work area to be disposed off site unless otherwise specified. Contractor shall dispose of all debris in full compliance with all government regulations having jurisdiction. All vegetation, trash, demolished structures and pavement materials shall be removed in clearing and site maintenance operations and shall become the property of the Contractor and shall be disposed of outside the site of the work and at the expense of the Contractor. The Contractor shall keep the project site clean and free from rubbish and debris at all times, as well as any adjacent areas, which are affected by the construction operations. STANDARD SPECIFICATIONS The Standard Specifications of the AGENCY are contained in the 2015 Edition of the Standard Specifications for Public Works Construction, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General CONTRACTORs of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 10801 National Boulevard, Suite 100, Los Angeles, California 90064, telephone (310) 474-7771. The Standard Specifications set forth above control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted, and the section numbers of the Special Provision coincide with those of the said Standard Specifications. Only those sections requiring elaboration, amendments, specifying of options, or additions are called out. WE SECTION F: GENERAL PROVISIONS Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The general provisions for this contract shall be in conformance with Part 1, "General Provisions," of the Standard Specifications for Public Works Construction, 2015 Edition, and any supplement to "Greenbook", except as amended and superseded by the following general provisions. PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-1 GENERAL Add the word "written" after the words "refer to." 1-2 TERMS AND DEFINITIONS Agency: City of Santa Clarita City: City of Santa Clarita Accepted: The bid or proposal accepted by the AGENCY as a basis to enter into a contract for the Bid proposed construction work. County: County of Los Angeles City Inspector: City Inspector or an authorized representative Engineer: The Director of Public Works Department of the City of Santa Clarita or his authorized Representative Resident Engineer: City Engineer or authorized representative acting within the scope of the particular duties delegated to them for construction contract oversight. The following definitions shall apply only the Standard Specifications of the State of California, Department of Transportation and the special provisions: Department of Transportation or "Department" shall mean the City of Santa Clarita Director of Transportation or "Director" shall mean the Engineer of the City of Santa Clarita SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT Within ten (10) working days after the date of the AGENCY's notice of award, the CONTRACTOR shall execute and return the following contract documents to the AGENCY: • Capital Improvement Project Agreement • Faithful Performance Bond • Labor and Material Bond • Public Liability and Property Damage Insurance Certificate and • Endorsements • Auto Insurance • Worker's Compensation Insurance Certificate • W-9 F-1 Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-3 SUBCONTRACTS Subsection 2-3.2 of the SSPWC is hereby deleted and replaced with following: 2-3.2 Self Performance. The CONTRACTOR shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least fifty -percent (50%) of the Contract Price. The contract labor performed or provided by the CONTRACTOR shall amount to at least fifty -percent (50%) of the total contract labor for the Contract. Contract labor shall exclude superintendence. Any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the CONTRACTOR with its own organization. When items of work in the bid schedule are preceded by the letter (S), said items are designated "Specialty Items." Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the Contract Unit or Lump Sum Price. When a portion of an item is subcontracted, and value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the CONTRACTOR, subject to approval by the ENGINEER. The prime CONTRACTOR shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each SUBCONTRACTOR. 2-4 CONTRACT BONDS The Faithful Performance Bond shall remain in force until one (1) year after the date of recordation of the Notice of Completion. The Labor and Material Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion, or until all claims for material and labor are paid, whichever is greater. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. The CONTRACTOR shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. The control set will be reviewed for completeness prior to the approval of the CONTRACTOR'S monthly progress payment request. Upon completion of all work, the CONTRACTOR shall return the control set to the ENGINEER. Final payment will not be made until this requirement is met. 2-5.4 Examination of Contract Documents. Section 2-5 of the SSPWC is amended by adding thereto the following new Subsection 2-5.4: The BIDDER shall examine carefully the entire location of the work, including but not restricted to, the conditions and encumbrances related thereto, the plans and specifications, and the proposal and contract forms. The submission of a bid shall be conclusive evidence that the BIDDER has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, locations and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents. F-2 2-5.5 Differing Site Conditions (23 CFR 635.109) (CT Stnd Spec 4-1.06) Section 2-5 of the SSPWC is amended by adding thereto the following new Subsection 2-5.5: a. Contractor's Notification Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. a. Engineer's Investigation and Decision Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both. 2-9 SURVEYING Section 2-9.2 of the SSPWC is hereby amended by add the following: 2-9.2 Survey Service. CONTRACTOR will be responsible for the expenses of survey staking for the removal and reconstruction at the various locations covered under this contract. In addition, the CONTRACTOR will be responsible for establishing new flow lines to correct stagnant flows. New curb and gutter grade shall provide a minimum 0.5% slope if constructed. Situations that might require significantly more removal than is shown in the specifications shall be brought to the attention of the ENGINEER prior to any work being performed. The CONTRACTOR shall be wholly responsible for lines and grades and for the stakes and marks for the construction for all the improvements. The stakes shall be set a minimum of twenty-four (24) hours before pouring any improvement. Construction stakes shall be removed from the site of the work when no longer needed. All survey associated with the construction shall be included in the price for the line item, no additional compensation will be allowed for surveying work. Additionally the CONTRACTOR is required to work with the City's designated surveyor in replacing any disturbed or destroyed survey monuments or control points. Control monument locations will be verified before work is done and replaced after work is completed by an independent surveyor as directed by the ENGINEER. The CONTRACTOR will not be allowed any adjustment in contract time for verification, replacement, or coordination of survey control points. 2-11 INSPECTION Section 2-11 of the SSPWC is hereby amended by add the following: No concrete or asphalt pavement shall be placed prior to AGENCY inspection of the work area and subgrade conditions. Any work done in unauthorized areas or in a manner unacceptable to the INSPECTOR or the ENGINEER shall not be accepted or paid for by the CITY. 2-13 CONTRACT RECORD DOCUMENTS Add the New Sub Section 2-13, "Contract Record Documents" the following: F-3 2-13.1 Close Out Prior to final payment, the CONTRACTOR shall deliver the following documents to the ENGINEER: 1. Punch List approval 2. Labor Compliance Forms 3. C&DMMP and Weight Delivery Tickets 4. Removal of all construction signs SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY 3-2.2 Contract Unit Prices. Subsection 3-2.2.1 of the SSPWC is hereby replaced with the following: 3-2.2.1 General. The quantities listed in the Bid Schedule are approximate only and are prepared for the comparison of bids. Payment to the CONTRACTOR will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the contract. The AGENCY reserves the right to increase or decrease the amount of any or all of the approximate quantity shown in the Bid Schedule, and to add or delete the locations, type, and extent of work, which has been identified and summarized in Exhibit "A". Increases or decreases in the quantities of work within the limits specified shall in no way invalidate the unit bid or contract prices. No claim shall be made by the CONTRACTOR for any loss of anticipated profits because of any such alternation or due to any variation between the approximate quantities and the quantities of work as done. 3-3 EXTRA WORK 3-3.2.3 Markup. Subsections 3-3.2.3.1 and 3-3.2.3.2 of the SSPWC are hereby replaced by the following: 3-3.2.3.1 Work by CONTRACTOR. The following percentages shall be added to the CONTRACTOR's cost and shall constitute the markup for all overhead and profits: Labor 20% Materials 15% Equipment Rental 15% Other Items and Expenditures 15% 3-3.2.3.2 Work by SUBCONTRACTOR. The aggregate of all markups for added work, regardless of the number of tiers of SUBCONTRACTORS used, shall not exceed the markup established in Subsection 3-3.2.3.1 plus ten percent (10%) on the first $2,000 of extra work and five percent (5%) on work in excess of $2,000. 3-6 NOTICE TO SURETIES Section 3, Changes in Work, of the SSPWC is amended by adding thereto the following new Subsection 3-6: The CONTRACTOR shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such adjustments to the AGENCY. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. The CONTRACTOR and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, F-4 equipment, and workmanship. The CONTRACTOR, at no cost to the AGENCY, shall make repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) year after the date of recordation of the Notice of Completion. Within this one-year period, the CONTRACTOR shall also restore to full compliance with requirements of this contract portions of the work that are found to not meet those requirements. The CONTRACTOR shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Repairs, replacements, and restorations shall be made within thirty (30) days after the date of the ENGINEER's written notice. 4-1.4 Test of Materials. All necessary materials and compaction testing will be done by AGENCY approved testing laboratory. Except as elsewhere specified, the AGENCY will bear the cost of testing materials and or workmanship, which meet or exceed the requirements indicated in the SSPWC and Special Provisions. The costs of additional tests, if deemed necessary by the ENGINEER, of material and/or workmanship, which previously met or exceeded the requirements indicated in the SSPWC and Special Provisions, shall be borne by the CONTRACTOR. The cost of all other testing that fails to pass the first test shall be charged to the CONTRACTOR and withheld from final payment. CONTRACTOR shall submit to the Project Inspector, on the AGENCY'S standard form, requests for material testing at least forty-eight (48) hours before the required materials test is needed. SECTION 5 - UTILITIES 5-1 LOCATION The CONTRACTOR's attention is directed to Section 5 "Utilities" and Subsections 7-9 "Protection and Restoration of Existing Improvements" of the Standard Specifications. The CONTRACTOR shall verify the location, size, and type of all existing utilities prior to construction. Utilities include, but are not limited to; telephone, electricity, gas, oil transmission, fiber-optic cable, domestic water, reclaimed water, sewer, and traffic signal interconnect lines. Existing utilities are located within the limits of work. The CONTRACTOR shall confirm locations of all utilities and utility markings on curbs and protect them in place, relocate, or replace as required. All utilities designated to be protected in place shall be carefully uncovered if located within the lines of excavation and time shall be allowed for the Engineer or his designee to field check the location of such utilities to make certain that they will not interfere with construction. In the event any such existing facility should be disturbed or damaged, the CONTRACTOR shall at once make repairs to the satisfaction of the owner, or arrange with the owner to make repairs, at no cost to the City. Any delays or reconstruction of improvements resulting from the CONTRACTOR's failure to verify utility locations and depths shall be made at the CONTRACTOR's expense. Payment for construction relocation or adjustment of these utility lines shall be the responsibility of the respective utility companies, unless otherwise indicated elsewhere in these Special Provisions. The CONTRACTOR is advised of the existence of the utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the CONTRACTOR with the precise locations of their substructures in the construction area when the CONTRACTOR gives at least forty-eight (48) hours notice to USA by calling 1-800-227-2600. The CONTRACTOR shall obtain all necessary permits and notify the utilities agencies at least seventy-two (72) hours in advance of excavating around any of their structures. It shall be the responsibility of the CONTRACTOR to coordinate all phases of construction with the various utility companies involved. The exact location and identification of all existing utilities shall be determined by the CONTRACTOR prior to the start of any work. All existing City owned utilities located in sidewalk, driveway approach, access ramp, or any area requiring grade adjustment due to the proposed improvements shall be considered appurtenant to the bid item for which the adjustment is required. F-5 The following is a list of the various owners of facilities within the project limits and the name, address and telephone number of the contact person. AT&T California 26971 Furnivall Ave, Room D102 Santa Clarita, CA 91351 For: Newhall & Valencia Attention: Craig London (661) 251-9979 For: Canyon Country and Saugus Attention: John Castro (661) 252-0107 Santa Clarita Water Company P.O. Box 903 Santa Clarita, CA 91380 Attention: Jeanine Phaneuf (661) 255-2737 x320 Southern California Edison Company 25625 West Rye Canyon Road Santa Clarita, CA 91355 Attention: Scott M. Walker (661) 257-8247 Southern CA Gas Company 9400 Oakdale Avenue, SC9331 Chatsworth, CA 91313-2300 Attention: Brian Blackwell, Distribution (818) 701-3228 Newhall County Water District P.O. Box 220970 Santa Clarita, CA 91321 Attention: Josh Jenkins (661) 259-3610 x25 Valencia Water Company 24631 W. Avenue Rockefeller Santa Clarita, CA 91355 Attention: Gino Garcia (661) 295-6508 5-4 RELOCATION The first paragraph of Section 5-4 of the SSPWC is hereby deleted and replace with the following: During the construction of the project by the CONTRACTOR, various utility companies maybe completing their work to replace, relocate, install, modify, abandon or adjust their existing underground, at grade and overhead facilities and structures to clear or join the proposed improvements. The CONTRACTOR shall coordinate scheduling and cooperate with the various utility companies so as to allow them access to their work, and time to complete their work so as to not cause unnecessary delays to the contract. The cost for coordination with the utility companies and providing the time, work areas, protecting their facilities, in place shown on the plans and as specified in these special provisions shall be included in the related items of work and no additional time allowances or compensation will be made thereof. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The CONTRACTOR's proposed construction schedule and staging plan shall be submitted to the ENGINEER for approval within five (5) working days after the AGENCY's issuance of a Notice of Award of contract. NOTE: REVISED CONSTRUCTION SCHEDULES SHALL BE SUBMITTED TO THE ENGINEER FOR AGENCY APPROVAL AT LEAST TWO (2) WEEKS IN ADVANCE OF BEGINNING REVISED OPERATIONS. Prior to issuing the Notice to Proceed with work, the ENGINEER will schedule a pre -construction meeting with the CONTRACTOR to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, review proposed traffic control plans, and clarify inspection procedures. The CONTRACTOR is hereby informed of current construction projects in adjacent neighborhoods. The CONTRACTOR shall coordinate and schedule his work activities at the project location to allow completion of the adjacent work while still completing the required construction improvements to be completed under this contract. Once the CONTRACTOR starts work at a specific location, all work at that specific location must be completed within five (5) CALENDAR days unless unforeseen delay or obstruction. The CONTRACTOR is cautioned that failure to comply with this requirement will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and F-6 extremely difficult to determine. The CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of one -thousand dollars ($1,000) for every violation of this requirement. Execution of the contract shall constitute agreement by the AGENCY and the CONTRACTOR that one -thousand dollars ($1,000) per violation is the minimum value of the cost and actual damage caused by failure of the CONTRACTOR to limit performance of the work between the allotted times, that such sum is liquidated damage and shall not be construed as a penalty, and that such sum may be deducted from payments due the CONTRACTOR if such delay occurs. The CONTRACTOR shall submit periodic Progress Reports to the ENGINEER by the fifth (5`h) day of each month. The report shall include the latest approved Construction Schedule. Progress payments will be withheld pending receipt of any outstanding reports. 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 General. In the second paragraph, replace the word "materials" with the words "materials, equipment, or labor" No extension of time will be granted for the CONTRACTOR'S inability to secure materials for this project. 6-7 TIME OF COMPLETION 6-7.1 General. The time of completion shall be as noted in the General Specifications. 6-7.2 Working Day. CONTRACTOR's activities shall be confined to the hours between 7:00 a.m. and 4:00 p.m., Monday through Friday. In addition, no work shall be performed by the CONTRACTOR on Saturday, Sunday, or on AGENCY -designated holidays. AGENCY designated holidays are listed in Table 1 below. Refer to Part 6 - Temporary Traffic Control for additional time restrictions regarding traffic and access. Deviations from these restrictions will not be permitted without the prior consent of the ENGINEER, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the CONTRACTOR. Service fees will be calculated at overtime rates including benefits, overhead and travel time and will be deducted from the amounts due the CONTRACTOR. Failure of the CONTRACTOR to adhere to these restrictions will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each occurrence of a working day or hours violation, as provided herein, the CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of five -hundred dollars ($500), unless otherwise provided in the specifications. Execution of the contract shall constitute agreement by the AGENCY and the CONTRACTOR that five -hundred dollars ($500) per violation is the MINIMUM value of the cost and actual damages caused by failure of the CONTRACTOR to limit performance of the work between the allotted times, that such sum shall not be construed as a penalty, and that such sum may be deducted from payments due to the CONTRACTOR. TABLE 1 - AGENCY DESIGNATED HOLIDAYS Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving 6-9 LIQUIDATED DAMAGES Monday, May 30, 2016 Monday, July 4, 2016 Monday, September 5, 2016 Friday, November 11, 2016 Thursday, November 24, 2016 Friday, November 25, 2016 Liquidated damages for failure of the CONTRACTOR to complete the work within the time allowed are hereby amended to be one -thousand dollars ($1,000) per day. SECTION 7 - RESPONSIBILITIES OF CONTRACTOR F-6 7-1 7-2 7-3 7-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES The CONTRACTOR is solely responsible for the means and methods of construction, and for providing and maintaining a safe place to work. A noise level limit of 86 DBA at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job whether owned by the CONTRACTOR or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. LABOR 7-2.2 Prevailing Wages. The CONTRACTOR and all subcontractors, suppliers, and vendors shall comply with all AGENCY, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The CONTRACTOR shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the Labor Code, as provided in Section 1773, et. seq., the AGENCY has on file in the City Clerk's Office the latest prevailing rates as established by the Director of Industrial Relations of the State of California. The CONTRACTOR shall not pay less than these rates. LIABILITY INSURANCE Liability insurance coverage requirements are amended as follows: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $ 2,000,000 Products/Completed Operations Hazard $ 1,000,000 Comprehensive Automobile Liability $ 1,000,000 Contractual General Liability $ 2,000,000 A combined single -limit policy with aggregate limits in the amount of $4,000,000 will be considered equivalent to the required minimum limits. Except as provided for in Subsection 6-10, the CONTRACTOR shall save, keep and hold harmless the AGENCY, its officers, employees, and agents from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or a negligent act or omission by the CONTRACTOR, any of the CONTRACTOR's employees, or any subcontractor. The AGENCY will not be liable for any accident, loss or damage to the work prior to its completion and acceptance, except as provided for in Subsection 6-10 of the SSPWC. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of an expiration or proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered or certified mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than thirty (30) days before expiration or cancellation is effective. A Certificate of Insurance demonstrating the above policy shall be submitted to the AGENCY concurrently with the filing of the Faithful Performance Bond and Payment (Labor and Material) Bond and shall be subject to the approval of the City Attorney. The cost of this insurance shall be included in the CONTRACTOR's bid. PERMITS Section 7-5 of the SSPWC is hereby deleted and replace with the following: Prior to the start of work, the CONTRACTOR shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. AGENCY permits will be issued at no charge to the CONTRACTOR. The CONTRACTOR and all subcontractors shall be licensed in accordance with F-7 State Business and Professions Code. The CONTRACTOR shall also obtain, at the CONTRACTOR's cost, any and all other permits, licenses, inspections, certificates or authorizations required by any governing body or entity. 7-6 CONTRACTOR'S REPRESENTATIVE Add the following: The CONTRACTOR's Representative is required to be accessible by cellular phone at all times. 7-7 COOPERATION AND COLLATERAL WORK CONTRACTOR shall coordinate/schedule in advance for the prevention of potential conflicts between concrete rehabilitation and street improvements in the same area. The locations and schedules of street improvements with other City's projects will be provided to the awarded CONTRACTOR. The City's goal is to complete concrete rehabilitation work prior to street improvements. The CONTRACTOR is responsible for coordinating with the contractor who is awarded City Project Nos. M0113 & M0113 — 2015-16 Annual Overlay and Slurry Seal Projects (Overlay & Slurry Seal Projects). The Overlay & Slurry Seal Projects are anticipated to be in the neighborhoods noted below. All concrete work to be done in these areas shall be completed prior to the Overlay & Slurry Seal Projects. 1. Residential neighborhood adjacent to Leona Cox Elementary School. This includes, but is not limited to the following streets: Darter Dr., Bakerton Ave., Nadal St., Bernina Ave., Oakmoor Ave., Eaglecrest Ave., Bainbury St., Felbridge St., Bagby Dr., Walnut Springs Ave., Delight St., Fairweather St., Kimbrough St., Arcay Ave., Ironshire St. 2. Residential neighborhood adjacent to Old Orchard Elementary School. This includes, but is not limited to the following streets: Avd. Rotella, Avd. Rondel, Avd. Ronada, Via Amado, Via Andorra, Via Boscana, Via Beguine, Via Castanet, Via Corsa, Via Decano, Via Delos, Via Eliso, Via Ebano, Via Farol, Via Fuente, Via Galera. Any work added during construction within these areas, on the streets listed or others not listed, shall be completed prior to the Overlay & Slurry Seal Projects. All costs to the CONTRACTOR for meeting the schedule in the areas described herein shall be included and no additional compensation will be allowed. If the newly repaved or slurry sealed streets are damaged by the concrete work, the CONTRACTOR will be responsible for the repairs. The method of repair for damaged streets will be determined by the ENGINEER. 7-8 WORK SITE MAINTENANCE Add the following: 7-8.1 General. Equipment shall be removed from the site as soon as it is no longer necessary for the project. Within twenty-four (24) hours of a request from the AGENCY, CONTRACTOR must remove equipment from the site that is no longer needed for the project. Refusal by the CONTRACTOR to remove the equipment may be cause for withholding progress payments. Add the following: 7-8.2 Air Pollution Control. The CONTRACTOR will be required to use a wet saw when saw cutting existing concrete in all locations. 7-8.4 Storage of Equipment and Materials. Add the following: 7-8.4.1 General. The CONTRACTOR shall not store stockpiles of soil or debris on site. All waste material shall be removed from the site daily. No storage of equipment, materials, or debris will be allowed on the parkways. Only soil required for backfill after form removals will be allowed to remain on-site. Add the following: F-8 7-8.6 Water Pollution Control. Water pollution control work shall conform to the requirements in the "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" and the "Construction Site Best Management Practices (BMPs) Manual", and addenda thereto issued up to, and including, the date of advertisement of the project, hereafter referred to respectively as the "Preparation Manual" and the "Construction Site BMP Manual" and collectively as the "Manuals". Copies of the Manuals may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520. Copies of the Manuals may also be obtained from the Department's Internet Web Site at: http://www.dot.ca.gov/ha/construc/stormwater.html. Copies of the Manuals are available for review at 120 S. Spring Street, Los Angeles, CA 90012. The CONTRACTOR shall fully comply with the applicable provisions of the Manuals, Federal and State regulations that govern the CONTRACTOR's operations and storm water discharges from the project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the City and made part of the contract, it is expressly agreed that the City assumes no responsibility whatsoever to the CONTRACTOR or property owner with respect to any arrangements made between the CONTRACTOR and property owner to allow disturbance of areas outside the project limits. The CONTRACTOR shall be responsible for the costs and for liabilities imposed by law as a result of the CONTRACTOR's failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals and Federal, State, and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not limited to, fines, penalties, and damages whether assessed against the State or the CONTRACTOR, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition to the remedies authorized by law, an amount of the money due the CONTRACTOR under the contract, as determined by the City, may be retained by the City of Santa Clarita until disposition has been made of the costs and liabilities. The retention of money due the CONTRACTOR shall be subject to the following: A. The City will give the CONTRACTOR thirty (30) days' notice of the Department's intention to retain funds from partial payments, which may become due to the CONTRACTOR prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the CONTRACTOR. B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-3.2, "Partial Payments," of the Standard Specifications. C. If the Department has retained funds and it is subsequently determined that the State is not subject to the costs and liabilities in connection with the matter for which the retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention. MAINTENANCE To ensure the proper implementation and functioning of control measures, the CONTRACTOR shall regularly inspect and maintain the construction site for water pollution prevention control measures. The CONTRACTOR shall identify corrective actions and time needed to address any deficient measures or reinitiate any measures that have been discontinued. During the rainy season, inspections of the construction site shall be conducted by the CONTRACTOR to identify deficient measures, as follows: A. Prior to a forecast storm; B. After all precipitation that causes runoff capable of carrying sediment from the construction site; C. At twenty-four (24) hour intervals during extended precipitation events; and F-9 D. Routinely, at a minimum of once every two (2) weeks. If the CONTRACTOR or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the CONTRACTOR and approved by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the CITY. PAYMENT Full compensation for conforming to the provisions in this section shall be considered as included in the lump sum price paid for Bid Item No. 3, Implementation of Best Management Practices, as shown on the Bid, of work involved and no additional compensation will be allowed therefore. The Engineer will retain an amount equal to twenty-five (25) percent of the estimated value of the contract work performed during estimate periods in which the CONTRACTOR fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. Retentions for failure to conform to the provisions in this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the CONTRACTOR to conform to the provisions in this section will be released for payment on the next monthly estimate for partial payment following the date that water pollution prevention control measures have been implemented and maintained and water pollution is adequately controlled, as determined by the Engineer. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 600- Access The second paragraph of Subsection 7-9 of the SSPWC is hereby deleted and replaced with the following: The CONTRACTOR shall relocate, repair, replace, or re-establish all existing improvements within the project limits which are not designated for removal (e.g., walls, fences, driveways, curbs, sidewalks, pavement, irrigation systems, signs, utility installations, structures, monuments, utility markings, home addresses, curb painting, et cetera) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. The CONTRACTOR shall complete all work in a systematic and orderly manner as approved by the ENGINEER. For areas where cold milling of asphalt pavement is required, the CONTRACTOR shall complete the final overlay surface course within five (5) days after completion of the cold milling. For areas where pulverization of the existing asphalt pavement is required, the CONTRACTOR shall complete the final overlay surface course within five (5) days after completion of pulverization and grading. Relocations, repairs, replacements, or reestablishment shall be at least equal to the existing improvements and shall match such improvements in finish dimensions and function unless otherwise specified. The last paragraph of Subsection 7-9 of the SSPWC is hereby deleted and replaced with the following: All costs to the CONTRACTOR for protecting, removing, restoring, relocating, repairing, replacing or reestablishing existing improvements within the project limits described herein for which no specified bid item is listed shall be included in related items of work and no additional compensation will be allowed. Add the following: The CONTRACTOR shall be responsible for handling vehicular and pedestrian traffic in accordance with Part 6 and Subsection 7-10 of the SSPWC and these Special Provisions. Vehicular traffic must be maintained at all times to all businesses and residences. The traffic control shall be in accordance with the WATCH Manual. F-10 The CONTRACTOR shall notify the occupants of all affected properties at least two (2) working days for to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the ENGINEER. Ample on -street parking shall be provided within one -thousand (1,000) feet from residences and businesses. Temporary "No Parking" signs, when required, shall be posted at least two (2) working days but no more than three (3) working days in advance of the work. Signs shall be placed no more than seventy-five (75) feet apart; on each side of the alleys, streets, and parking areas; and at shorter intervals as conditions warrant. The CONTRACTOR shall be responsible for furnishing the signs and for adding the dates and hours of closure. All signs shall be removed within two (2) hours of completion of work necessitating the temporary no parking. In the event that temporary no parking must be rescheduled due to weather conditions or other unforeseen circumstances, all signs shall be removed within two (2) hours of notification by the ENGINEER. All existing signs and street name signs shall be maintained in visible locations during construction or permanently relocated, or removed as directed by the ENGINEER. The CONTRACTOR shall include in its bid all costs for the above requirements. Section 600 — Access, of the SSPWC is amended by adding thereto the following new Subsections 600-3.1 and 600-3.2: 600-3.1 Special Instructions for School Zones. CONTRACTOR shall notify school district and coordinate work as to maximize safety and minimize inconvenience. This includes any work with in one -thousand (1,000) feet of a school, roadways leading directly to a school, or street having a school. Work in school zones shall be restricted from 9:00 AM. to 2:00 PM. on weekdays when school is in session, or as authorized otherwise by Engineer. Access to school drop-off sites shall be provided and maintained at all times during weekdays. 600-3.2 Parking Restrictions and Posting for Tow Away. No Parking signs posted by the CONTRACTOR shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water resistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words 'Tow Away" and "No Parking" with a character height of not less than two 2.75 inches and a stroke width of not less than 0.5 inches. The day, date and time of the particular restriction shall be printed or attached below the above mentioned wording in characters of not less than 2" in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with 3 to 4 letters; date or dates or restriction shall be listed completely and the beginning and ending times shall be clearly listed on the sign. Signs shall be mounted such that the wording "No Parking" is at an elevation at least three (3) feet above the adjacent flow line. Signs may be mounted to stakes or barricades as provided by the CONTRACTOR. The signs shall be placed as needed to control the parking of cars within the construction zone and signs shall be placed at intervals of seventy-five (75) feet or less along each side of the roadway. Signs shall be posted and maintained by the CONTRACTOR for a period of seventy-two (72) hours prior to the restrictions becoming effective. The CONTRACTOR may only post parking restrictions that are effective for the duration of the work. Upon completion of the work, all signs, stakes, and barricades shall be promptly and completely removed and disposed of by the CONTRACTOR. The CONTRACTOR shall promptly reset or replace all damaged or defective signs. Should the schedule be affected, the CONTRACTOR shall remove signs from area being affected and shall reschedule affected area no earlier than seventy-two (72) hours or three (3) working days from the change of schedule. The CONTRACTOR shall notify the City by email that the posting of the no parking signs has been performed. The email shall be addressed to the City representative(s) designated during the pre -construction conference. The email shall be sent to the City no later than 8:00 A.M. on the day following posting. The email notification to the City shall contain a map showing the limits of posting and the dates and times posted. A separate email shall be sent for each posting. The City F-11 will use the information on the emails to verify that the posting has been performed. If the posting is not verified by the City, the City will email to the CONTRACTOR's representative the locations which must be reposted with new information. The CONTRACTOR shall not perform work in the posted area without email notification of the verification by the City of the posting. The CONTRACTOR shall be fully responsible for the adequate removal of all parked cars. All vehicle removal shall be coordinated by the CONTRACTOR with the Sheriff Department. The CONTRACTOR shall notify the Sheriff Communications Center at (661) 255-1121 upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the CONTRACTOR shall notify the Sheriff Communications Center at (661) 255-1121 not less than two (2) hours prior to the needed removal with the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars which obstruct the construction operation. If a vehicle owner successfully contests a towing citation in court and their citation is dismissed for causes related to the CONTRACTOR's failure to perform the requirements of this section, the CONTRACTOR shall reimburse the City for the cost of any claims associated with the towing citation. Deviations from the requirements of this subsection will be permitted only upon prior consent of the ENGINEER. Failure of the CONTRACTOR to adhere to the requirements of this subsection, or failure of the CONTRACTOR to complete his daily schedule once temporary "NO PARKING" signs have been posted, will result in damages being sustained by the CITY. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each occurrence of a violation, as provided herein, the CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of one -thousand dollars ($1,000). Execution of the contract shall constitute agreement by the AGENCY and the CONTRACTOR that one -thousand dollars ($1,000) per violation is the MINIMUM value of the cost and actual damages caused, that such sum shall not be construed as a penalty, and that such sum may be deducted from payments due to the CONTRACTOR. Subsection 7-10.3.1 is hereby added to Section 7 of the Standard Specifications as follows: 7-10.3.1 Street Closures, Detours, Barricades. Street closures will not be allowed, except as specifically permitted by the ENGINEER. When street closures are permitted, the CONTRACTOR shall provide sufficient warning signs, cones, detour signs, equipment, and flag persons in sufficient number and in such a manner that provides maximum safety and that ensures motorist understanding of the detour route. Traffic control, including submittal of proposed traffic control plans and damages sustained for failure to comply with requirements, shall be in accordance with Part 6, Section 601. Lane transitions shall not be sharper than a taper of thirty to one (30:1). Temporary traffic canalization shall be accomplished with barricades or delineators. Subsection 7-10.4.1.3 is hereby added to Section 7 of the Standard Specifications as follows: 7-10.4.1.3 Protection of the Public. It is part of the service required of the CONTRACTOR to make whatever provisions are necessary to protect AGENCY personnel and the public. The CONTRACTOR shall use foresight and shall take such steps and precautions as his operations warrant to protect AGENCY personnel and the public from danger, loss of life, or loss of property which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect AGENCY personnel and the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the ENGINEER, an emergency exists against which the CONTRACTOR has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the CONTRACTOR's operations and when, in the opinion of the ENGINEER, immediate action shall be considered F-12 necessary in order to protect the public or property due to the CONTRACTOR's operations under this contract, the ENGINEER will order the CONTRACTOR to provide a remedy for the unsafe condition. If the CONTRACTOR fails to act on the situation within a reasonable time period, the ENGINEER may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the ENGINEER may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the CONTRACTOR. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the CONTRACTOR. However, if the AGENCY does not take such remedial measures, the CONTRACTOR is not relieved of the full responsibility for public safety. Subsection 7-10.4.1.4 is hereby added to Section 7 of the SSPWC as follows: 7-10.4.1.4 Notification to the Public. The CONTRACTOR shall notify the occupants of properties affected by the work. Notification shall be by delivery of handbill furnished by the AGENCY. In no event shall handbills be placed in or on any portion of a property owner's mailbox. Handbill will be furnished by the AGENCY, and affected properties will be determined by the ENGINEER. In general, affected property owners are those properties that fall within five -hundred (500) feet of the limits of work. The handbill shall be distributed at least two (2) working days in advance. The CONTRACTOR is responsible for adding the dates and hours of the work to be performed as well as general information regarding scope of work. The CONTRACTOR shall include the cost of distributing handbills and it associated work into contract bid item, no additional payment shall be made. Subsection 7-10.4.1.5 is hereby added to Section 7 of the SSPWC as follows: 7-10.4.1.5 Notification to Schools. All construction work within one -thousand (1,000) feet of the school shall commerce only after coordination with the school. CONTRACTOR shall coordinate the construction work at least fourteen (14) days prior to commencement of work to avoid potential conflicts. Coordination shall be both by telephone and by written notice. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL No field offices for AGENCY personnel shall be required, however, AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the CONTRACTOR if so provided by the CONTRACTOR for his own personnel. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT Subsection 9-3.2 of the SSPWC is hereby deleted and replaced with the following: 9-3.2 Partial and Final Payment. The closure date for the purpose of making partial progress payments will be the last day of each month. Prior to the end of each month and preparation of progress payment, the CONTRACTOR shall meet with the ENGINEER to review all work to date and prepare a statement of the quantity of work completed to date. When the work is complete, the ENGINEER will determine the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within thirty (30) days after CONTRACTOR submits the progress payment. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. A full five -percent (5%) will be retained from all progress amounts due. The retained amounts will be authorized for final payment thirty-five (35) days after the date of recordation of the Notice of Completion. F-13 The CONTRACTOR, however, may receive interest on the retained amount or receive the retained amount itself so long as securities equivalent to the retained amounts are substituted with escrow holder approved by the AGENCY. At the request and expense of the CONTRACTOR, retained amounts or securities equivalent to the retained amounts may be deposited with the State Treasurer or a state or federally chartered bank as the escrow agent, who shall return such monies or securities to the CONTRACTOR upon satisfactory completion of the contract. Surety eligible for investment shall include those listed in Section 16430 of the State Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts and stand-by letters of credit. Any escrow agreement entered into shall contain the following provisions and be substantially similar to the form "Escrow Agreement for Security Deposits in Lieu of Retention as contained in Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code". Subsection 9-3.3 of the SSPWC is hereby deleted and replaced with the following: 9-3.3 Delivered Materials. Materials and equipment delivered, but not incorporated into the work, will not be included in the estimate for progress partial payment. The City will not pay for storage costs. Section 9, Measurement and Payment, of the SSPWC is amended by adding thereto the following new Subsection 9-4: 9-4 BID SCHEDULE MEASUREMENT AND PAYMENT 9-4.1 Scope. Payment for the various items of the bid sheets, as further specified herein, shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, raw materials, manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work as specified and shown on the drawings, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Sheets, and all costs therefore shall be included in the prices named in the Bid Sheets for the various appurtenant items of work. The CONTRACTOR must include all items of work within the Bid Sheets. Where the CONTRACTOR is unsure of the placement of an item within the Bid Sheets, he shall use the most appropriate item. Any questions to the City must be directed prior to the submittal of the Bid sheets and failure to receive an answer does not relieve the CONTRACTOR from the above obligations. 9-4.2 Payment Schedule. All pay line items will be paid for at the lump sum or unit prices named in the Bid Sheets for the respective items of work. The quantities of work or material stated as unit price items on the Bid Sheets are supplied only to give an indication of the general scope of work; the City does not expressly nor by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of work. The CONTRACTOR is required to provide a complete bid for all work described in the specifications and on the plans. If the CONTRACTOR is unsure of which bid item should be used for a particular item of work, he shall either receive clarification from the CITY in writing or shall select the bid items which best fits work in question. F-14 SPECIAL PROVISIONS PART 3 - CONSTRUCTION METHODS BID ITEM NO. 1: MOBILIZATION The work associated with Mobilization includes all work in accordance with Section 9-3.4 of the SSPWC. The scope of work under this bid item shall include all costs associated with insurance, bonds, required permits and fees, moving onto the job (mobilization), preparation of project schedules, supervision, coordination of concurrent work with utility agencies, and meetings required to perform the work indicated in the plans and specifications and de -mobilization. Activities controlled by the CONTRACTOR, except cleanup or other required work, shall be confined within the graded areas of the roadway. Measurement and Payment Mobilization will be paid for at the contract lump sum bid price and shall include full compensation for organizing and moving all forces, supplies, equipment and incidentals to the project site, regardless of the number of times such moves are made, all preconstruction costs incurred after award of the contract and demobilization and no additional compensation will be allowed. Clearing and Grubbing Clearing and grubbing shall conform to the provisions of Section 300 of the SSPWC. Clearing and grubbing shall also include the removal, relocation, adjusting, salvaging and protecting of all facilities and are not designated as separate bid items. Existing vegetation outside the areas to be cleared and grubbed shall be protected from injury or damage resulting from the CONTRACTOR's operations. Full compensation for any necessary clearing and grubbing as specified above, and provided in the specifications, shall be included in the price bid for items of work required for the construction operations specified for the completion of this project and no additional compensation will be allowed. PRESERVATION OF PUBLIC TREES The City's Department of Administrative Services, Urban Forestry Division professionally manages the trees located in the public right-of-ways. Tree protection shall include avoiding damage to the above ground tree trunk, branches and bark, the below ground root system and the surrounding soil. Roots are one of the most vital parts of a tree and must be protected from needless cutting or changes in their soil environment caused by compaction that leads to loss of air and water. Roots are the primary structure supporting and stabilizing the tree in an upright position. Therefore it is critical that all roots over two inches (21 in diameter be inspected by an Urban Forestry representative and evaluated prior to their removal. Roots located within the work area shall be protected from compaction, storage of materials or equipment and/or severing. Protection measures may include fencing, temporary raised bridges for equipment or soil auguring/tunneling at a minimum depth of thirty-six inches (36") for utility installations. Any damage above or below ground should be reported to the Urban Forestry Division immediately. Fuel, oil, hydraulic fluid, grease or any other forms of liquid contaminates shall be stored and placed in an appropriate storage location. These contaminates shall not be placed or stored anywhere within the parkway landscape or any location where landscape is present. Oak trees that measure two inches (2") in diameter or larger at fifty-four inches (54") above natural grade are protected under the City of Santa Clarita Oak Tree Ordinance 89-10 and Preservation and Protection Guidelines 17.17.090. All work proposed within the protected zone of an oak tree is subject to approval by the City Oak Tree Specialist or a qualified representative of Urban Forestry. The "Protected Zone" for oak trees is located five feet (5) beyond the drip line of F-15 the entire tree. All work proposed for within the protected zone of an oak tree shall be completed by hand only. CONTRACTOR shall protect all oak trees within the project limits which may include having to install temporary protective fencing around the oak trees as required by the Urban Forestry representative. The CONTRACTOR is to contact the ENGINEER and Urban Forestry representative before work is to begin near or around an oak tree protected by City ordinance. All concrete removals shall be done by hand around oak trees with a two inch (2") or greater diameter trunk. Protection of oak trees shall be included in the various items of work and no additional compensation will be allowed therefore. Vacant Sites The CONTRACTOR shall fill all vacant tree -well locations (tree cut-outs) with soil to eliminate potential trip hazards after site construction has been completed. The soil shall be compacted and shall be level with the surrounding concrete or hardscape to eliminate trip hazards. Urban Forestry Notification, Scheduling and Procedures No Root Pruning on Fridays. The CONTRACTOR shall contact the City Arborist, Fernando Mendoza, or a qualified Urban Forestry representative from the City of Santa Clarita Urban Forestry Division at (661) 294- 2564 at least forty-eight (48) hours in advance to the start of work near any city tree, or the removal of any tree roots. The CONTRACTOR shall provide to the City Arborist or Urban Forestry representative a weekly schedule of concrete breakouts. The breakout schedule shall be submitted to Urban Forestry on Thursday mornings for the following weeks work. Schedule shall include a start time and finish time for all breakout days. This will allow for proper scheduling of Urban Forestry staff. Additional Work Locations Prior to the CONTRACTOR starting any work in locations added by Contract Change Order or by Change Notice the CONTRACTOR shall schedule an inspection of the area with the Urban Forestry Division, to determine any possible impacts to the existing trees. During the inspection, Urban Forestry will determine if the tree will be root -pruned or removed to accommodate the added work. Urban Forestry requires at least forty-eight (48) hours' notice to inspect the trees at the additional work sites. All subsequent work shall follow the procedures as outlined in these contract specifications. Tree Root Pruning After the removal of displaced hardscape such as sidewalk or curb and gutter, the CONTRACTOR shall schedule an inspection with Urban Forestry for the tree roots beneath the hardscape. Approval of the root pruning or cutting must be obtained before the CONTRACTOR starts the work. During this inspection, the CONTRACTOR will be given direction on how to proceed with the root cutting and or pruning. The contractor is to have access to a stump grinder at all times. This piece of equipment shall be onsite every day of the week while performing root pruning on any tree. After the Urban Forestry inspection the CONTRACTOR will be allowed to remove tree roots less than two inches (2") in diameter. All roots less than two inches (2") in diameter shall be cut with a sharp axe or Pulaski and NOT with dull tools. All roots over two inches (2") in diameter that need removal for hardscape replacement SHALL be exposed and excavated on top and both sides for inspection by the City Arborist or representative. The City Urban Forestry inspectors will mark approved roots over two inches (2") in diameter for root pruning with colored spray paint. The following steps are to be followed for the approved removals for the marked roots: • The CONTRACTOR is required to use a carbide chain on a chain saw, pruning saw, a carbide saw blade on a power saw, or a sharp stump grinder to cut them. F-16 • The CONTRACTOR shall first cut the root at the location nearest the tree, and then the other end can be cut afterwards. • Large roots over two inches (2") in diameter shall not be cut with an axe or other hand tools unless approved by the City Arborist or representative. • Ripping or pulling roots out with backhoe or similar methods is not acceptable and will be considered as damaging the tree. • Failure to seek approval for root pruning or other non -approved root removal procedures may require the CONTRACTOR to pay fines, replacement cost of the tree, or the full or a partial tree value as stated in this specification. Also, failure to call City Arborist for inspection of root pruning may require concrete or other materials to be removed for evaluation of root pruning activities at the cost of the CONTRACTOR. NOTE: Root pruning on both sides of a tree is not allowed without the prior approval from Urban Forestry. For roots that are not approved for removal by the Urban Forestry division, the engineer or his designee may determine an alternate method of sidewalk installation to be used, such as ramping and meandering around critical root zone areas at no additional cost to the AGENCY. The CONTRACTOR shall use 1 x4 form boards (or flexible form boards) that allow for flexibility in areas where base of tree does not permit the standard width of sidewalk. When and where possible for tree preservation, the CONTRACTOR shall install a slight curve to allow for root preservation subject to the engineer and ADA approved widths of sidewalk. Root Shaving In certain cases, with approval from the City Arborist or representative from Urban Forestry, partial "root shaving" can be performed without severing the entire root with a stump -grinding machine or an approved carbide tip power saw. See Exhibit "B" for root pruning and shaving diagrams. The root pruning and shaving process shall be as follows. The CONTRACTOR shall selectively remove the offending roots that have caused hardscape damage. Selective root pruning shall be performed with either a carbide tipped chain saw, stump grinder machine or other specifically designed root -pruning equipment approved by the City Arborist. All roots must be clean-cut with one of the aforementioned tools. Care must be taken while working around each tree so that unnecessary damage is avoided. Damage to City Trees The CONTRACTOR shall be responsible for all costs associated with any tree damages due to their actions by accidental or negligent damage to the root system or other part of the tree. Costs can include the lost value of the tree, replacement value of the tree and the removal and/or replacement of damaged trees. CONTRACTOR shall be responsible for all costs including but not limited to evaluation and damage reports, the International Society of Arboriculture (ISA) dollar value of the tree and any future monitoring as a result of injury or damage to a tree. The City Arborist or a qualified representative from Urban Forestry shall grant permission for any removal and replacement of any trees, shrubs and other plant material determined to be excessively or unnecessarily damaged. The costs of all such repairs, removals, replacements and an amount of value lost, including damages both above and below ground, shall be the liability of the CONTRACTOR and may be billed accordingly based on the City's Arborist assessment. Deviations from the requirements of this subsection will be permitted only upon prior consent of the City Arborist or a designated representative from Urban Forestry. Failure of the CONTRACTOR to adhere to the requirements of this subsection will result in damages being sustained by the CITY. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each occurrence of a violation, as provided herein, the CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of one -thousand ($1,000) dollars. Execution of the contract shall constitute agreement by the AGENCY and the CONTRACTOR that one -thousand dollars ($1,000) per violation is the MINIMUM value of the cost and actual damages F-17 caused, that such sum shall not be construed as a penalty, and that such sum may be deducted from payments due to the CONTRACTOR. Full compensation for the preservation of public trees as specified above, and provided in the specifications, shall be included in the price bid for items of work required for the construction operations specified for the completion of this project and no additional compensation will be allowed. BID ITEM NO. 2: TRAFFIC CONTROL Traffic Control includes all costs for installation and maintenance of traffic control and temporary signing and striping if necessary, including flagmen, signing barricades, temporary pavement or steel plates and temporary facilities required for the safe handling of pedestrian and vehicular traffic for twenty-four (24) hours per calendar day in accordance with the Southern California Chapter of the APWA, Work Area Traffic Control Handbook (WATCH manual), 2012 edition. All materials necessary to control traffic shall be in place per the Work Area Traffic Control Handbook (WATCH manual) for the duration of the work. This includes, but is not limited to, traffic cones, delineators, reflectors, temporary striping and marking, traffic barriers (k -rail), and temporary traffic signs and signals if needed. At no time shall any roadway that is to be repaired as part of this project be closed to traffic, pedestrian or vehicular, without prior consent of the City Engineer. Measurement and Payment Maintaining and controlling traffic will be paid for at the contract lump sum bid price. The contract price and payment shall include all costs for installation and maintenance of traffic control and temporary signing and striping if necessary, including flagmen, signing barricades, temporary pavement or steel plates and temporary facilities required for the safe handling of pedestrian and vehicular traffic for twenty-four (24) hours per calendar day for the duration of the work. No additional compensation will be allowed. BID ITEM NO. 3: IMPLEMENTATION OF STORM WATER BEST MANAGEMENT PRACTICES B( MPs) Best Management Practices shall be defined as any program, technology, process, sitting criteria, operating method, measure or device which controls, prevents, removes or reduces pollution. The CONTRACTOR shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Construction BMP Handbook, latest edition. CONTRACTOR is responsible to stack sandbags to create a barrier around catch basins or storm drain inlets of affected sites to detain sediment laden water, debris, trash and nuisance water prior to the start of the removal and replacement of required work. The CONTRACTOR shall have a minimum of one readily accessible copy of this publication on the project site at all times, for the prime and each of the SUBCONTRACTORs. The CONTRACTOR shall implement the following BMPs in conjunction with all its activities and construction operations. MATERIAL MANAGEMENT CA 010 Material Delivery and Storage CA 011 Material Use CA 012 Spill Prevention and Control WASTE MANAGEMENT CA 020 Solid Waste Management CA 021 Hazardous Waste Management CA 022 Contaminated Soil Management CA 023 Concrete Waste Management F-18 VEHICLE AND EQUIPMENT MANAGEMENT CA 030 Vehicle and Equipment Cleaning CA 031 Vehicle and Equipment Fueling CA 032 Vehicle and Equipment Maintenance PHYSICAL STABILIZATION ESC 021 Dust Control ESC 023 Construction Road Stabilization ESC 024 Stabilized Construction Entrance SEDIMENT TRAPPING ESC 051 Straw Bale Barrier ESC 052 Sand Bag Barrier ESC 054 Storm Drain Inlet Protection Additional BMPs may be required as a result of a change in actual field conditions, CONTRACTOR activities, or construction operations. When more than one BMP is listed under each specific BMP category, the CONTRACTOR shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for CONTRACTOR activities shall be continuously implemented throughout the year. BMPs for erosion control and sedimentation shall be implemented prior to the commencement of any CONTRACTOR activity or construction operation which may produce run-off, and whenever run- off from other sources may occur. The AGENCY, as a permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency (EPA) and private citizens. The AGENCY will assess the CONTRACTOR with liquidated damages of five -hundred dollars ($500) for each calendar day that CONTRACTOR has not fully implemented the BMPs specified for the project and/or is otherwise in noncompliance with these provisions. In addition, the AGENCY will deduct, from the final payment due the CONTRACTOR, the total amount of any fines levied on the AGENCY, plus legal and staff costs, as a result of the CONTRACTOR's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN The CONTRACTOR shall comply with the City's Construction and Demolition Ordinance per the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill 939 (AB 939). This requires that at least fifty percent (50%) of all construction and demolition materials and inert wastes from construction, demolition and grading projects be diverted from landfills. Prior to start of construction, the CONTRACTOR shall submit a Construction and Demolition Materials Management Plan ("C&DMMP"), to the City's Director of Public Works, or the Director's Designee for approval. The Notice to Proceed shall not be issued until the C&DMMP has been approved by the City's Director of Public Works, or the Director's Designee. The completed C&DMMP, at a minimum, shall comply with Section 15.46.300 of the City's Municipal Code. The following conditions must be met in order to obtain approval of the C&DMMP: (1) the C&DMMP provides all of the information set forth in Sections 15.46.300, 15.46.310, and 15.46.320 of the City's Municipal Code; (2) the C&DMMP indicates that the Diversion Requirement will be met. PART 6 15.46.610 DOCUMENTATION OF CONSTRUCTION AND DEMOLITION MATERIAL DIVERSION. Applicants shall make reasonable efforts to ensure that all C&D materials diverted or delivered to disposal facilities for disposal, are measured and recorded using the most accurate method of measurement reasonably available. To the extent practical, all C&D materials, and Inert Waste to be removed from the waste stream and not disposed of in a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D materials for which weighing are not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of F-19 volumetric measurements to weight, the Applicant shall use standardized Conversion Rates approved by the City for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction CONTRACTORs, solid waste enterprises, and disposal facilities. Measurement and Payment Implementing and maintaining BMPs will be paid for at the contract lump sum bid price. Full compensation for the Storm Water implementation of BMPs, including the furnishing, placement and removal, of all necessary labor, equipment, and materials for adherence to the requirements for Storm Water implementation of BMPs and the Construction and Demolition Materials Management Plan shall be included in the lump sum bid price. No additional compensation will be allowed. BID ITEM NO. 4: REMOVAL OF 4" PORTLAND CEMENT CONCRETE (PCC) SIDEWALK Existing sidewalk shall be removed in accordance with Section 300-1 of the SSPWC. Removals for this bid item will typically be for enlarging tree wells at the City's direction and per Exhibit "A" and Exhibit "B". For the existing sidewalk to be removed, all edges shall be neatly saw cut. CONTRACTOR is to wet saw cut all concrete. After concrete has been removed from the marked locations the CONTRACTOR is to notify the Urban Forestry inspector and/or arborist to determine what roots greater than two inches (2") can be pruned (as needed). No additional time or compensation will be granted to the CONTRACTOR due to any delays incurred for the City's determination of the tree status or tree well size. Vacant Sites The CONTRACTOR shall fill all vacant tree -well locations (tree cut-outs) with soil to eliminate potential trip hazards after site construction has been completed. The soil shall be compacted and shall be level with the surrounding concrete or hardscape to eliminate trip hazards. Measurement and Payment Measurement and payment for removal of 4" PCC sidewalk shall be measured by the square foot of concrete removed and shall be obtained by surface measurements. Payment shall include saw cutting and removal, tree root shaving, pruning and backfilling per City standards, re -vegetation of parkway area if damaged, irrigation system restoration and all materials, tools, equipment and labor necessary to perform the work. No additional compensation will be allowed. BID ITEM NO. 5: REMOVAL AND REPLACEMENT OF 4" PORTLAND CEMENT CONCRETE (PCC) SIDEWALK Construction Material Portland Cement Concrete (PCC) shall be Type II 520-C-2500 and shall comply with the requirements set forth in section 201-1 of the SSPWC and the current ACI code. Concrete curing compound shall be Type 1-D, clear or translucent with fugitive dye and shall comply with the requirements as set forth by section 201-4.1 of the SSPWC. Construction Method All work shall be completed per sections 300 and 303 of the SSPWC. Existing sidewalk shall be removed in accordance with Section 300-1 of the SSPWC and the sidewalk is to be reconstructed in conformance to the provisions of Section 303-5 of the SSPWC and per APWA Standard Plan Nos. 112-2 and 113-2. All removal and replacement areas of sidewalk shall be marked at the sites by the AGENCY. At locations where asphalt concrete has been placed over existing sidewalk to eliminate grade differences, the existing asphalt concrete shall be removed and the sidewalk cleaned prior to construction of the new sidewalk. For the existing sidewalk to be removed, all edges shall be neatly saw cut. CONTRACTOR is to wet saw cut all concrete. When removing concrete sidewalks, sidewalks shall be removed to the nearest tooled or expansion joint. CONTRACTOR shall be F-20 responsible for all edges to be neatly sawed cut and protected against any damage. The cut edges shall be cleaned and kept moist during pouring to insure a good bond with new concrete. After concrete has been removed from the marked locations, the CONTRACTOR is to notify the Urban Forestry inspector and/or arborist to determine what roots greater than two inches (2") can be pruned or if the tree is to be removed from that location. No additional time or compensation will be granted to the CONTRACTOR due to any delays incurred for the City's determination of the tree status. Sidewalk grade shall be flush with existing walk on either side of the areas to be removed and replaced. Generally, all slopes shall be straight graded. All sidewalks shall be constructed to drain so that no low spots are constructed where puddling or ponding might occur. Cross slopes shall match existing sidewalks that are to remain on either side of the reconstructed areas. After the subgrade has been prepared, it shall be moistened before the concrete is placed. Forms shall be of wood or metal and of a depth equal to the thickness of the concrete course. They shall be free from warp and shall be of sufficient strength when staked to hold the alignment during concrete placing and finishing operations. Prior to concrete pour, forms shall be cleaned and oiled. Flexible or curved forms may be used as necessary, in order to prevent a chord effect in the alignment of the finished work. The sidewalk shall consist of four inches (4") of PCC struck off and floated so that all course aggregate is well below the surface. The concrete shall be thoroughly spaded or worked until the mortar entirely covers the surface and all honeycomb voids are eliminated. Correct honeycombed areas by filling with mortar composed of a 1:2 mixture by volume of cement and sand. Plastering will not be permitted. After the surface has been thoroughly floated, the concrete shall be finished to a smooth surface, presenting a uniform texture and color and be given a final broom finish of a type similar to the existing surrounding sidewalk. The allowable variation shall be one-eighth inch (1/8") in ten feet (10') transversely and longitudinally. All joints and edges shall be finished with an edging tool. All fresh PCC surfaces shall be protected from weather and from graffiti. Any damage to new PCC surface shall be repaired or replaced to the satisfaction of ENGINEER or his designees, at no additional cost to the AGENCY. To minimize inconvenience to traffic and the public in general, the CONTRACTOR shall schedule the concrete placement to be no more than one (1) day behind the removal operation. Safe and adequate pedestrian and vehicular movement at and around all construction sites shall be provided and maintained at all times. Approved barriers and signs (traffic flagging personnel, if necessary), shall be furnished and utilized by the CONTRACTOR to ensure public safety at all times. Replacement of Existing Mail Boxes, Culverts, Landscape Fences and Other Such Facilities Existing mail boxes, drainage culverts, fences and the like shall not be damaged or disturbed unless necessary, in which case, they shall be replaced in as good a condition as found as quickly as possible. Existing materials shall be re -used in replacing such facilities when materials have not been damaged by the CONTRACTOR's operations. Existing facilities damaged by the CONTRACTOR's operation shall be replaced with new materials of the same type at the CONTRACTOR's expense. Vacant Sites The CONTRACTOR shall fill all vacant tree -well locations (tree cut-outs) with soil to eliminate potential trip hazards after site construction has been completed. The soil shall be compacted and shall be level with the surrounding concrete or hardscape to eliminate trip hazards. Measurement and Payment Measurement and payment for concrete sidewalk will be measured by the square foot of finished surface completed in place. The area shall be obtained by surface measurements. Payment shall include existing concrete wet saw cutting and removal, subgrade preparation, compaction of existing base material if needed, backfilling, re -vegetation of parkway area if damaged, irrigation F-21 system restoration and all materials, tools, equipment, forms and labor necessary to perform the work. No additional compensation will be allowed. BID ITEM NO. 6: REMOVAL AND REPLACEMENT OF RESIDENTIAL DRIVEWAY APPROACH Construction Material Portland Cement Concrete (PCC) shall be Type II 520-C-2500 and shall comply with the requirements set forth in section 201-1 of the SSPWC and the current ACI code. Concrete curing compound shall be Type 1-D, clear or translucent with fugitive dye and shall comply with the requirements as set forth by section 201-4.1 of the SSPWC. Construction Method Existing residential drive approach shall be removed in accordance with Section 300-1 of the SSPWC and is to be reconstructed in conformance to the provisions of Section 303-5 of the SSPWC and per APWA Standard Plan No. 113-2. The limits of removal and replacement for drive approach will be from back of curb to the front edge of the sidewalk except where the sidewalk is adjacent to the curb. In those circumstances, removal and replacement will be from the back of curb to the back of sidewalk. After concrete has been removed from the marked locations, the CONTRACTOR is to notify the Urban Forestry inspector and/or arborist to determine what roots greater than two inches (2") can be pruned or if the tree is to be removed from that location. No additional time or compensation will be granted to the CONTRACTOR due to any delays incurred for the City's determination of the tree status. After the subgrade has been prepared, it shall be moistened before the concrete is placed. Forms shall be of wood or metal and of a depth equal to the thickness of the concrete course. They shall be free from warp and shall be of sufficient strength when staked to hold the alignment during concrete placing and finishing operations. Prior to concrete pour, forms shall be cleaned and oiled. Flexible or curved forms may be used as necessary, in order to prevent a chord effect in the alignment of the finished work. The residential drive approach shall consist of four inches (4") of PCC struck off and floated so that all course aggregate is well below the surface. The concrete shall be thoroughly spaded or worked until the mortar entirely covers the surface and all honeycomb voids are eliminated. Correct honeycombed areas by filling with mortar composed of a 1:2 mixture by volume of cement and sand. Plastering will not be permitted. After the surface has been thoroughly floated, the concrete shall be finished to a smooth surface, presenting a uniform texture and color and be given a final broom finish of a type similar to the existing surrounding concrete. All joints and edges shall be finished with an edging tool. All fresh PCC surfaces shall be protected from weather and from graffiti. Any damage to new PCC surface shall be repaired or replaced to the satisfaction of ENGINEER or his designees, at no additional cost to the AGENCY. Measurement and Payment Residential driveway approach will be measured by the square foot of finished surface completed in place. The area shall be obtained by surface measurements. Payment for removal and replacement of residential driveway approach shall include existing concrete removal, subgrade preparation, wet saw cutting, re -compact existing base material if needed, re -vegetation of parkway area if damaged and irrigation system restoration and all materials, tools, equipment, forms and labor necessary to perform the work. No additional compensation will be allowed. BID ITEM NO. 7: REMOVAL AND REPLACEMENT OF 6" COMMERCIAL DRIVEWAY APPROACH Construction Material Portland Cement Concrete (PCC) shall be Type II 520-C-2500 and shall comply with the requirements set forth in section 201-1 of the SSPWC and the current ACI code. F-22 Concrete curing compound shall be Type 1-D, clear or translucent with fugitive dye and shall comply with the requirements as set forth by section 201-4.1 of the SSPWC. Construction Method Existing commercial drive approach shall be removed in accordance with Section 300-1 of the SSPWC and is to be reconstructed in conformance to the provisions of Section 303-5 of the SSPWC and per APWA Standard Plan Nos. 110-2, Type B or C as required and 113-2. After concrete has been removed from the marked locations, the CONTRACTOR is to notify the Urban Forestry inspector and/or arborist to determine what roots greater than two inches (2") can be pruned or if the tree is to be removed from that location. No additional time or compensation will be granted to the CONTRACTOR due to any delays incurred for the City's determination of the tree status. After the subgrade has been prepared, it shall be moistened before the concrete is placed. Forms shall be of wood or metal and of a depth equal to the thickness of the concrete course. They shall be free from warp and shall be of sufficient strength when staked to hold the alignment during concrete placing and finishing operations. Prior to concrete pour, forms shall be cleaned and oiled. Flexible or curved forms may be used as necessary, in order to prevent a chord effect in the alignment of the finished work. The drive approach shall consist of six inches (6") of PCC and six inches (6") of crushed aggregate base (CAB) compacted in accordance with Section 301-2 of the SSPWC, struck off and floated so that all course aggregate is well below the surface. The concrete shall be thoroughly spaded or worked until the mortar entirely covers the surface and all honeycomb voids are eliminated. Correct honeycombed areas by filling with mortar composed of a 1:2 mixture by volume of cement and sand. Plastering will not be permitted. After the surface has been thoroughly floated, the concrete shall be finished to a smooth surface, presenting a uniform texture and color and be given a final broom finish of a type similar to the existing sidewalk. All joints and edges shall be finished with an edging tool. All fresh PCC surfaces shall be protected from weather and from graffiti. Any damage to new PCC surface shall be repaired or replaced to the satisfaction of ENGINEER or his designees, at no additional cost to the AGENCY. Measurement and Payment Commercial driveway approach will be measured by the square foot of finished surface completed in place. The area shall be obtained by surface measurements. Commercial driveways shall include six inches (6") of crushed aggregate base (CAB). Payment for removal and replacement of commercial driveway approach shall include existing concrete removal, subgrade preparation, wet saw cutting, re -compaction of existing base material if needed, installation and compaction of new CAB, re -vegetation of parkway area if damaged and irrigation system restoration and all materials, tools, equipment, forms and labor necessary to perform the work. No additional compensation will be allowed. BID ITEM NO. 8 and 9: REMOVAL AND REPLACEMENT OF 6" AND 8" PCC CURB & GUTTER Construction Material Portland Cement Concrete (PCC) shall be Type II 520-C-2500 and shall comply with the requirements set forth in section 201-1 of the SSPWC and the current ACI code. Concrete curing compound shall be Type 1-D, clear or translucent with fugitive dye and shall comply with the requirements as set forth by section 201-4.1 of the SSPWC. Construction Method Curb and gutter shall be removed in accordance with Section 300-1 of the SSPWC and is to be reconstructed in conformance to the provisions of Section 303-5 of the SSPWC and per APWA Standard Plan No. 120-2 (A2-6 and A2-8). F-23 All curb and gutter shall be placed independently of street and sidewalk pavement. The existing asphalt cross fall shall not change and the proposed edge of gutter shall retain the same elevation as the existing asphalt cross fall. After concrete has been removed from the marked locations, the CONTRACTOR is to notify the Urban Forestry inspector and/or arborist to determine what roots greater than two inches (2") can be pruned or if the tree is to be removed from that location. No additional time or compensation will be granted to the CONTRACTOR due to any delays incurred for the City's determination of the tree status. .Curb and gutter concrete shall not be placed until the subgrade has been inspected and approved by the Engineer or the City inspector. CONTRACTOR shall be responsible for flow testing finished grade. CONTRACTOR survey services will be required in connection with the laying out of any portion of the work. CONTRACTOR shall be responsible for maintaining/repairing flow line by conducting own survey. All work shall conform to the appropriate elevations and grades to maintain water flow. The City standard for minimum slope of all flow lines is 0.5 percent. After the subgrade has been prepared, it shall be moistened before the concrete is placed. Forms shall be of wood or metal and of a depth equal to the thickness of the concrete course. They shall be free from warp and shall be of sufficient strength when staked to hold the alignment during concrete placing and finishing operations. Prior to concrete pour, forms shall be cleaned and oiled. Flexible or curved forms may be used as necessary, in order to prevent a chord effect in the alignment of the finished work. The curb and gutter shall be six inches (6") or eight inches (8") to match existing and six inches (6") of crushed miscellaneous base (CMB) compacted in accordance with Section 301-2 of the SSPWC. Concrete shall be struck off and floated so that all course aggregate is well below the surface. The concrete shall be thoroughly spaded or worked until the mortar entirely covers the surface and all honeycomb voids are eliminated. Correct honeycombed areas by filling with mortar composed of a 1:2 mixture by volume of cement and sand. Plastering will not be permitted. After the surface has been thoroughly floated, the concrete shall be finished to a smooth surface, presenting a uniform texture and color and be given a final broom finish of a type similar to the existing curb and gutter. The top and face of all curbing shall be finished while the concrete is still green by wetting and rubbing with a soft brick or wooden block. All joints and edges shall be rounded with an edging tool having a radius of three-eighths (3/8) inch. All fresh PCC surfaces shall be protected from weather and from graffiti. Any damage to new PCC surface shall be repaired or replaced to the satisfaction of ENGINEER or his designees, at no additional cost to the AGENCY. Root Pruning/Root Shaving The root pruning/shaving approval process shall be the same for curb and gutter as it is for the sidewalk replacement that has tree roots within the removal area. Where trees are present near curb removals, the root systems on the curbside shall be cut not more than four inches (4") from the back edge of the new curb. Measurement and Payment Curb and gutter for Type A2-6 and Type A2-8 will be measured by the lineal foot of finished surface completed in place. The concrete curb and gutter will be measured along the roadway at the finished grade elevation. Curb and gutter shall include six inches (6") of crushed miscellaneous base (CMB). Payment for removal and replacement of curb and gutter shall include incidental excavation, subgrade preparation, survey/construction staking, any necessary backfilling, expansion joint material, re -compaction of existing base, installation of new CMB and root pruning or root shaving. The CONTRACTOR will be required to repaint curb address, painted curbs, utility service line markings or other markings on the new curb if improvement existed prior to start of work, re -vegetation of parkway area if damaged and irrigation system restoration and all materials, tools, equipment, forms and labor necessary to perform the work. No additional compensation will be allowed. F-24 BID ITEM NO. 10: REMOVAL AND REPLACEMENT OF ASPHALT PAVEMENT SECTION Construction Material Asphalt concrete finished course shall be Type III -C2 -PG -64-10. Construction Methods Asphalt concrete finished course shall comply with Section 203-1 of the SSPWC. In the locations where the curb and gutter and spandrel(s) and cross gutters are to be removed and replaced, a one foot (1') section of asphalt is to be removed and replaced along the span. The existing asphalt cross fall shall not change and the edge of asphalt shall be at the same grade as the gutter edge. CONTRACTOR is to re -compact existing crushed aggregate base (CAB) or new CAB, if required, in accordance with Section 301-2 of the SSPWC. CONTRACTOR can also use optional slurry backfill. Optional Two -sack Slurry Backfill When work is accomplished in the field for removal and replacement of curb and gutter and spandrel(s) and cross gutters, a one foot (1') wide slot in the asphalt road adjacent to the gutter is used to make room for the forms. The CONTRACTOR at his option may fill the slot within two inches (2") of the surface, with 2 -sack slurry, and then the remaining two inches (2") of the slot will be capped to the existing road surface with asphalt and compacted per Section 302-5 of the SSPWC to match the existing street grade and the new gutter edge. Measurement and Payment The removal and replacement of one foot (1') wide asphalt concrete pavement section for curb and gutter and spandrel(s) and cross gutter locations will be measured by the square foot completed in place. The area shall be obtained by surface measurements. Payment for the removal and replacement of the one foot (1') wide asphalt concrete shall include excavation and removal of existing asphalt, subgrade preparation, CAB or slurry backfill, compaction and all materials, tools, equipment and labor necessary to perform the work. No additional compensation will be allowed. BID ITEM NO. 11: REMOVAL OF 4" PCC SIDEWALK/CURB AND GUTTER AND CONSTRUCTION OF PCC CURB RAMP Construction Materials Portland Cement Concrete (PCC) shall be Type II 520-C-2500 and shall comply with the requirements set forth in section 201-1 of the SSPWC and the current ACI code. Concrete curing compound shall be Type 1-D, clear or translucent with fugitive dye and shall comply with the requirements as set forth by section 201-4.1 of the SSPWC. Truncated Domes (black in color) shall be one of the following: 1. Armorcast, Replaceable (Wet Set) Panel, 818-982-3600, to be installed per manufacturer's specifications. 3. ADA Solutions, Cast -In -Place Replaceable Tactile (Wet -Set) , 800-372-0519, to be installed per manufacturer's specifications. 4. Access Tile, Cast In Place Replaceable (Wet Set), 888-679-4022, to be installed per manufacturer's specifications. Prior to ordering the product, the CONTRACTOR shall contact Erven Jaramilla (City of Santa Clarita), at (661) 255-4344, to confirm that the detectable warning tile is correct. Construction Methods All work shall be completed per sections 300 and 303 of the SSPWC. F-25 Existing sidewalk and curb and gutter shall be removed in accordance with Section 300-1 of the SSPWC and the curb ramp and curb and gutter is to be reconstructed in conformance to the provisions of Section 303-5 of the SSPWC and per APWA Standard Plan Nos. 111-5 and 120-2. All curb ramps shall meet current Americans with Disabilities Act (ADA) guidelines. The curb ramp limits will be from beginning of curb return to end of curb return. The ramp shall include the construction of the curb and gutter from beginning of curb return to end of curb return. At locations where there is existing spandrel(s) and cross gutter to be removed and replaced, the curb and gutter shall be included under Bid Item No. 11 and the curb and gutter quantity will be deducted from the spandrel(s) and cross gutter quantity. The deduction will include the lineal foot of curb and gutter times two feet (2') of width. The normal gutter line shall be maintained through the area of the curb ramp. Curb ramps shall not be less than forty-eight inches (48") wide and shall not have a slope greater than one inch (1") per twelve inches (12") in length. Curb ramps should be located within marked limits of crosswalks. After the subgrade has been prepared, it shall be moistened before the concrete is placed. Forms shall be of wood or metal and of a depth equal to the thickness of the concrete course. They shall be free from warp and shall be of sufficient strength when staked to hold the alignment during concrete placing and finishing operations. Prior to concrete pour, forms shall be cleaned and oiled. Flexible or curved forms may be used as necessary, in order to prevent a chord effect in the alignment of the finished work. The curb ramp shall be struck off and floated so that all course aggregate is well below the surface. The concrete shall be thoroughly spaded or worked until the mortar entirely covers the surface and all honeycomb voids are eliminated. Correct honeycombed areas by filling with mortar composed of a 1:2 mixture by volume of cement and sand. Plastering will not be permitted. After the surface has been thoroughly floated, the concrete shall be finished to a smooth surface, presenting a uniform texture and color and be given a final broom finish of a type similar to the existing sidewalk and curb and gutter. All fresh PCC surfaces shall be protected from weather and from graffiti. Any damage to new PCC surface shall be repaired or replaced to the satisfaction of ENGINEER or his designees, at no additional cost to the AGENCY. Measurement and Payment Curb ramps shall be paid for at the contract unit price per each. The curb ramp limit will be from beginning of curb return to end of curb return. Payment shall include removal of existing sidewalk and curb and gutter, excavation and subgrade preparation, the construction of the curb ramp consisting of new 4" PCC sidewalk and new curb and gutter placed separately, the installation of the tactile tiles and all materials, tools, equipment, forms and labor necessary to perform the work. No additional compensation will be allowed. BID ITEM NO. 12: REMOVAL AND REPLACEMENT OF SPANDREL(S) AND CROSS GUTTER Construction Materials Portland Cement Concrete (PCC) shall be Type II 520-C-2500 and shall comply with the requirements set forth in section 201-1 of the SSPWC and the current ACI code. Concrete curing compound shall be Type 1-D, clear or translucent with fugitive dye and shall comply with the requirements as set forth by section 201-4.1 of the SSPWC. Construction Methods Existing spandrel(s) and cross gutter shall be removed in accordance with Section 300-1 of the SSPWC and is to be reconstructed in conformance to the provisions of Section 303-5 of the SSPWC and per APWA Standard Plan No. 122-2. Spandrel(s) and cross gutters shall be placed independently of street pavement. The existing asphalt cross fall shall not change and the proposed edge of gutter shall retain the same elevation as the existing asphalt cross fall. The concrete spandrels and cross gutter shall be constructed at eight inches (8") thick. F-26 Concrete shall not be placed until the subgrade has been inspected and approved by the Engineer or the City inspector. CONTRACTOR shall be responsible for flow testing finished grade. CONTRACTOR survey services will be required in connection with the laying out of any portion of the work. CONTRACTOR shall be responsible for maintaining and repairing flow line by conducting own survey. All work shall conform to the appropriate elevations and grades to maintain water flow. The City standard for minimum slope of all flow lines is 0.5 percent. After the subgrade has been prepared, it should be moistened before the concrete is placed. During placement, the concrete shall be thoroughly spaded or worked until the mortar entirely covers the surface and all honeycomb and voids are eliminated. The concrete shall be placed in such a manner that no concrete will have reached its initial set before the following layer is placed. The surfaces shall be struck off and floated so that all coarse aggregate is well below the surface. The top surfaces of the spandrels and cross gutters shall be given a uniform float finish. All honeycombed areas shall be corrected by filing with mortar, composed of a 1:2 mixture by volume of cement and sand. Plastering will not be permitted. The concrete shall be finished to a smooth surface, presenting a uniform texture and color and be given a final broom finish. CONTRACTOR shall not block the street access to the residents on both sides of the street at one time. All work shall be completed on one side of the street before work starts on the other side. Measurement and Payment Spandrel(s) and cross gutter will be measured by the square foot of finished surface completed in place. The area shall be obtained by surface measurements. The spandrel(s) limit will be from per the APWA standard plan. Payment shall include removal of existing spandrel(s), cross gutter and curb and gutter, incidental excavation, subgrade preparation and saw cutting, and construction of the spandrel(s), cross gutter and curb and gutter and all materials, tools, equipment, forms and labor necessary to perform the work. No additional compensation will be allowed. 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E " � YO Y E O y N 00 T W. C- rU CD Q c bq c c N Y o U a y o - c c ral En E o o i N o ° a)° ca A. � cz ° -v ons, ° v -o '> > ct '> > cq3t 3 CK 0. -0 rA 0, cn m 3 CD CD I. X cn CD C N X d -0 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN FORM If you have any questions, please contact the Environmental Services Division at (661) 286-4098 Pro ect Information Contact Information Name: Name: Address: Phone: Permit: Email: Inerts (concrete, sand, dirt, clean fill, rock, gravel, etc.) Material Recycle? Reuse? What Est, Recycling MethodlFrarichised Hauter percentage? quantity in tons Total Other Construction and Demolition Materials (wood, metal, drywall, carpet, cardboard, etc.) Material Recycle? Reuse? What Est. lRecycling Method/Franchised Hauler percentage? quantity (in tons) Total Land clearing debris (sand, dirt, clean fill, rock, gravel, trees, stumps, vegetation,etc.) Material Per CA Green Building Est. Recycling Method/Franchised Hauler Standards Code, 100% of land quantity clearing debris must be reused (in tons) or recycled for non-residential projects. 100% 100% 100% Total Pursuant to 2013 California Green Building Standards Code, 100 percent of trees, stumps, rocks, and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed. * If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material. On June 28, 2005, the City Council passed a Construction and Demolition (C&D) Ordinance (05-09) requiring all demolition projects, new construction projects valued over $500,000 and all tenant improvements valued over $100,000 to recycle a minimum of 50 percent of all inert materials and 50 percent of all other materials. There is a deposit required which is calculated at three percent (3%) of the City's valuation or $25,000 whichever is less. It is the responsibility of the applicant to ensure the recycling requirements are met by working closely with the approved waste hauler(s). Please make sure you keep records from your waste hauler(s) or weight tickets from the C&D recycling center/landfill. These records will be necessary to prove your recycling tonnages and will be required to have your deposit returned at the end of the project. Please note deposits take up to three weeks to be refunded. Signature Deposit/Refund Information Name Address City: State Zip Cash - Check - CC - LOC Date CITY STAFF USE ONLY C&DMMP Approved !_j Deposit Accepted [.J Plans Stamped l .i E- Plans Yes/ No Cleared? Valuation: Deposit: (Acct -102-2013.002) 3 1. Total Amount Due: Pre -construction survey: 1) Will materials be sorted on-site or mixed for transportation to a diversion facility? 2) Do you employ any construction methods to reduce the amount of waste generated on the project? Examples: salvage useful materials, advanced framing, etc. Post -construction checklist: *Both items must be completed prior to requesting the deposit refund 1) Has the project received a final inspection with a City Building & Safety Inspector? 2) Have you collected all weight tickets or diversion reports to submit to the City? Temporary Bin and Roll -Off Box ❑ Sorted on-site ❑ Co -mingled or mixed ❑ Yes (describe below) ❑ No Disposing Materials Generated From Your Project As of January 1, 2006, all temporary bin and roll -off box services in the City of Santa Clarita are franchised by the following companies. If you wish to use temporary bin and roll -off box services, you must use one of the franchised haulers below. A-V Equipment Rental (661) 259-2155 24933 Railroad Avenue, Santa Clarita Blue Barrel/Waste Management (661) 259-2398 25772 Springbrook Avenue, Santa Clarita Burrtec Waste Industries (661) 222-2249 26000 Springbrook Avenue, Suite 101, Santa Clarita Consolidated Disposal Service (800) 299-4898 12949 Telegraph Road, Santa Fe Springs Crown Disposal Co., Inc. (818) 767-0675 Post Office Box 1081, Sun Valley Rent -A -Bin (661) 250-5333 20830 Santa Clara Street, Santa Clarita Self -Haul Contractors may self -haul their waste and recyclable materials if they possess a valid California contractor's license for their scope of work. For example, in order for a demolition contractor to self -haul, the demolition contractor shall be licensed with the California State Licensing Board to conduct demolition services. General contractors who subcontract service shall ensure all subcontractors are either using a City franchised hauler or are eligible to self -haul. CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Effective Date of Approval: November 20, 2003 Updated: January 24, 2012 LA # 135134 Q CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM IMPLEMENTATION PLAN & OPERATIONAL MANUAL Table of Contents Section I. Introduction II Labor Compliance Program 111. Implementation Plan IV. Operational Manual • Site Visitation /Interviewing Requirements V. Procedures • Certified Payroll Verification • Labor Compliance Site Monitoring VI. Forms LA #135134 Q Public Works Contract Award Information (DAS 140) • Training Funds Contributions (CAC 2) • Contractor Fringe Benefit Statement • Certified Payroll Reporting (sample) • DIR Public Works Payroll Reporting Form A-1-131(2-80) • Prevailing Wage Determination (sample) • Rules of Engagement • Labor Compliance Site Visitation Interview Form • Site Visitation Log • Pre -Award Letter (sample) • Post -Award Letter (sample • 1 st Request for Certified Payrolls Letter (sample) • Missing Documents List • Certified Payroll Worksheet • Certified Payroll Correction Letter (sample) • Report of Action for Prevailing Wage Violations LA #135134 Q Section I CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LA #135134 Q INTRODUCTION The City of Santa Clarita (the "City") institutes this Labor Compliance Proeram ("LCP") for the purpose of identifyine and implementing its policy relative to the labor compliance provisions of state and federally funded public works contracts. This program is established for those applicable public works that commence construction after November 1, 2003. California Labor Code Section 1770, et seg., requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research. California Labor Code Section 1776 requires contractors to keep accurate payroll records of trades workers on all public works projects and to submit copies of certified payroll records upon request. California Labor Code Section 1777.5 requires contractors to employ registered apprentices on public works projects. This LCP" contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions, which include, but are not limited to, the following: 1. All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter. 2. A pre job conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract. 3. Contractors' payment of applicable general prevailing wage rates. 4. Contractors' employment of properly registered apprentices. 5. Contractors' providing weekly certified payroll records upon request but not less than monthly. 6. Program's monitoring City construction sites for the verification of proper payments of prevailing wage rates and work classification. 7. Program's conducting pre job conferences with contractors/subcontractors. 8. Program's withholding contract payments and imposing penalties for noncompliance. 9. Program's preparation and submittal of annual reports. 10. Program's Notice of Labor Compliance Program Approval shall be included in the Call for Bids, in the contract/purchase order and shall also be posted at the job site. The Labor Compliance Officer ("LCO") is the City's representative for enforcement of the LCP. Questions regarding the California Labor Code, including issues relating to this LCP, should be directed to Harry Corder, the City's Labor Compliance Officer, at (661) 286-4025. Section II CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LABOR COMPLIANCE PROGRAM CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM TABLE OF CONTENTS Introduction Page 1. Public Works Subject to Prevailing Wage Laws ...................................... 1 A. Types of Contracts to Which Prevailing Wage Requirements Apply...................................................................... 1 B. Applicable Dates for Enforcement of the LCP ............................... 1 11. Competitive Bidding on City Public Works Contracts ............................ 2 III. Job Start Meeting........................................................................................ 2 IV. Review of Certified Payroll Records......................................................... 3 A. Certified Payroll Records Required ................................................ 3 B. Apprentices.....................................................................................5 C. Audit of Certified Payroll Records ................................................. 6 D. Complaints......................................................................................6 E. Review of Certified Payroll Records .............................................. 7 F. Confirmation of Payroll Records .................................................... 7 G. Written Summary of Labor Compliance Activities ........................ 7 V. Reporting of Willful Violations to the Labor Commissioner .................. 8 A. Failure to Comply with Prevailing Wage Requirements ................ 8 B. Falsification of Payroll Records, Misclassification of Work and/or Failure to Accurately Report Hours of Work ...................... 8 C. Failure to Submit Certified Payroll Records ................................... 8 D. Failure to Make Employee Payments ............................................. 8 E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices ................................. 8 F. For the Taking of Kick Backs......................................................... 8 V1. Enforcement Action.................................................................................... 8 A. Duty of the Awarding Body........................................................... 8 B. Withholding Contract Payments when Payroll Records are Delinquent or Inadequate ............................................ 9 C. Withholding Contract Payments, When After Investigation, It is Established That Underpayment or Other Violation Has Occurred 10 D. Forfeitures Requiring Approval by the Labor Commissioner............................................................................... 10 E. Determination of Amount of Forfeiture by the Labor Commissioner.................................................................... I 1 F. Deposits of Penalties and Forfeitures Withheld ............................ 12 G. Debarment Policy......................................................................... 13 VII. Notice of Withholding and Review Thereof ............................................ 13 A. Notice of Withholding of Contract Payments (NWCP)................ 13 B. Review ofNWCP.........................................................................13 C. Settlement Authority ..................................................................... 14 VIII. Priority Distribution of Forfeited Sums .................................................. 15 IX. Outreach Activities................................................................................... 15 A. Providing Information to the Public ............................................. 15 B. In-service Management training on the Labor Compliance Program.................................................................... 16 X. Annual Reports......................................................................................... 16 A. Annual Report on Prevailing Wage Monitoring to the City Council........................................................................ 16 ATTACHMENTS A. Checklist of Labor Law Requirements for Review at Job Start Meetings........................................................................ 17 B. Audit Record Worksheets............................................................. 19 C. Request for Approval of Forfeitures (suggested format) .............. 23 D-1. Notice of Temporary Withholding of Contract Payments Due to Delinquent of Inadequate Payroll Records ................................... 25 D-2. Notice of Withholding of Contract Payments ............................... 27 E. Notice of Transmittal.................................................................... 30 F. Notice of Opportunity to Review Evidence Pursuant To Labor Code Section 1742(b) ................................................... 31 G. Prevailing Wage Hearing Regulations, 8 CCR Sections 17201 -17270 ..................................................... 34 H. Suggested Single Project Labor Compliance Review and Enforcement Report Form........................................................... 35 INTRODUCTION The City of Santa Clarita institutes this Labor Compliance Program ("LCP") for the purpose of implementing its policy relative to the labor compliance provisions of state and federally -funded public works contracts and specifically to comply with the provisions of Labor Code Section 1771.5. This LCP contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions. The California Labor Code Section 1770, et seq. requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research. In establishing this LCP, the City adheres to the statutory requirements as enunciated in Section 1771.5(b) of the Labor Code. Further, it is the intent of the City to actively enforce this LCP by monitoring City construction sites for the payment of prevailing wage rates, and by requiring contractors and subcontractors having workers on City sites to submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates. The failure of the City to comply with any requirement imposed by the California Code of Regulations shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligations imposed by Chapter 1 (commencing with Section 1720), Part 7, Division 2 of the Labor Code. Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the City will modify the affected portions of this program accordingly. SECTION I PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair, or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. A. Types of Contracts to Which Prevailing Wage Requirements Apply Applicable projects under Labor Code Section 1720 et seq. B. Applicable Dates for Enforcement of the LCP The applicable dates for enforcement of awarding body Labor Compliance Programs is established by Title 8, Section 16425 of the California Code of Regulations. Contracts are not subject to the jurisdiction of the Labor Compliance Program until after the program has received approval. SECTION II COMPETITIVE BIDDING ON CITY PUBLIC WORKS CONTRACTS The City publicly advertises upcoming public works projects to be awarded according to a competitive bidding process. All City bid advertisements (or bid invitations) and public works contracts shall contain appropriate language concerning the requirements of the Labor Code. SECTION III JOB START MEETING After the City awards the public works contract, and prior to the commencement of the work, a mandatory Job Start meeting (Pre -Job conference) shall be conducted by the LCO with the contractor and those subcontractors listed in its bid documents. At that meeting, the LCO will discuss the federal and state labor law requirements applicable to the contract, including prevailing wage requirements, the respective record keeping responsibilities, the requirement for the submittal of certified payroll records to the City, and the prohibition against discrimination in employment. The LCO will provide the contractor and each subcontractor with a Checklist of Labor Law Requirements (presented as Attachment A to this document) and will discuss in detail the following checklist items: 1. The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; 2. The contractor's duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); 3. The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1777.1,1777.7 and 1813 4. The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their portion of the work is less than one half of one percent of the total amount of the contract. 5. The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6. The prohibition against taking or extracting kickback from employee's wages under Labor Code Section 1778; 7. The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8. The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9. The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10. The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11. The requirement that the contractor and subcontractor be properly insured for Workers' Compensation under Labor Code Section 1861); 12. The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13. The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14. The requirements to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). Date Name of person signing and company The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask questions of the LCO relative to the items contained in the Labor Law Requirements Checklist. The checklist will then be signed by the contractor's representative, a representative of each subcontractor, and the LCO. At the Job Start meeting, the LCO will provide the contractor with a copy of the City's LCP package which includes: a copy of the approved LCP, the checklist of Labor Law Requirements, applicable Prevailing Wage Rate Determinations, blank certified payroll record forms, fringe benefit statements, State apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1, Sections 1720-1861). It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors. SECTION IV REVIEW OF CERTIFIED PAYROLL RECORDS A. Certified Payroll Records Required The contractor and each subcontractor shall maintain payrolls and basic records (timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, superintendent and foreman daily logs, etc.) during the course of the work and shall be retained until the later of (1) at least one year after the acceptance of the public work or five years after the cessation of all labor on a public work that has not been accepted, or (2) one year after a final decision or judgment in any litigation under Labor Code Section 1742. Certified Payroll Records on Federally -assisted shall be maintained for a minimum of three years after acceptance of the public work. Such records shall include the name, address, and social security number of each worker, his or her classification, a general description of the work each employee performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, and actual wages paid. 1. Submittal of Certified Payroll Records The contractor and each subcontractor shall maintain weekly certified payroll records for submittal to the City of Santa Clarita LCO, as required. The contractor shall be responsible for the submittal of payroll records of all its subcontractors. All certified payroll records shall be accompanied by a statement of compliance signed by the contractor or each subcontractor under penalty or perjury pursuant to Labor Code Section 1771.5(b)(3) indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Director of the Department of Industrial Relations, and that the classifications set forth for each employee conform with the work performed. Time cards, front and back copies of cancelled checks, daily logs, employee sign -in sheets and/or any other records maintained for the purposes of reporting payroll may be requested by the Labor Compliance Officer at any time and shall be provided within 10 days following the receipt of the request. 2. Use of Electronic Reporting Forms a. Certified payroll records required by Labor Code Section 1776 may be maintained and submitted electronically, subject to the following conditions: (1) Reports must contain all of the information required by Labor Code Section 1776; (2) Information must be organized in a manner that is similar or identical to the Department of Industrial Relations "Public Works Payroll Reporting Form" (Form A-]-131); (3) Reports shall be in a format and use software that is readily accessible and available to Contractors, Subcontractors & the District, LCP and the Department of Industrial Relations; (4) Reports must be in the form of a non -modifiable image or record: and (5) Reports must bear an electronic signature or include a copy of an original certification made on paper or printed out and submitted on paper with an original signature. b.No contractor or subcontractor shall be mandated to submit or receive electronic reports when it otherwise lacks the resources or capacity to do so, nor shall any contractor or subcontractor be required to purchase or use proprietary software that is not generally available to the public. 3. Full Accountability Each individual, laborer or craftsperson working on a public works contract must appear on the payroll. The basic concept is that the employer who pays the trades worker must report that individual on its payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner -operators are to be reported by the contractor employing them; rental equipment operators are to be reported by the rental company paying the workers' wages. Sole owners and partners who work on a contract must also submit a certified payroll record listing the days and hours worked, and the trade classification descriptive of the work actually done. The contractor shall make generally available for inspection such records by the Department of Industrial Relations, and shall permit representatives of each to interview tradesworkers during working hours on the project site. 4. Responsibility for Subcontractors The contractor shall be responsible for ensuring adherence to labor standards provisions by its subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its subcontractors in accordance with Labor Code Section 1775. 5. Payment to Employees Employees must be paid unconditionally, and not less often than once each week, the full amounts, that are due and payable for the period covered by the particular payday. Thus, an employer must establish a fixed workweek (Sunday through Saturday, for example) and an established payday (such as every Friday or the preceding day should such payday fall on a holiday). On each and every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. If an individual is called a subcontractor, whereas, in fact, he/she is merely a journey level mechanic supplying only his/her labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a trades worker. Moreover, any person who does not hold a valid contractor's license cannot be a subcontractor, and anyone hired by that person is the worker or employee of the general contractor for purposes of prevailing wage requirements, certified payroll reporting and workers' compensation laws. The worker's rate for straight time hours must equal or exceed the rate specified in the contract by reference to the "Prevailing Wage Determinations" for the class of work actually performed. Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid the prevailing rate established for those days regardless of the fixed workweek where required by the Labor Code. The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be paid pursuant to the Prevailing Wage determination where required by the Labor Code. B. Apprentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered and approved by the State Division of Apprenticeship Standards. The allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the Department of Industrial Relations for the classification of the work he/she actually performed. Pre -apprentice trainees, trainees in non-apprenticeable crafts, and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Submit contract award information to the apprenticeship committee for each apprenticeable craft or trade in the area of the Project; Request dispatch of apprentices from the applicable Apprenticeship Program(s) and employ apprentices on public works projects in a ratio to journeypersons which in no case shall be less than one (1) hour of apprentice work to each five (5) hours of journeyperson work; and 3. Contribute to the applicable Apprenticeship Program(s) or the California Apprenticeship Council in the amount identified in the prevailing wage rate publication for journeypersons and apprentices. If payments are not made to an Apprenticeship Program, they shall be made to the California Apprenticeship Council, Post Office Box 420603, San Francisco, CA 94142. 4. Pay properly registered apprentices no less than the prevailing apprentice rate. 6. Pay the regular prevailing wage rate (i) to any worker who is not a duly registered apprentice and (ii) for all hours in excess of the maximum ration permitted under Labor Code Section 1777.5(g), as determined at the conclusion of the employing contractor or subcontractor's work on the public works contract. If the contractor is registered to train apprentices, it shall furnish written evidence of the registration (i.e., Apprenticeship Agreement or Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the wage rates required to be paid thereunder for the area of construction, prior to using any apprentices in the contract work. It should be noted that a prior approval for a separate project does not confirm approval to train on any project. The contractor/subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. The City will inform contractors and subcontractors bidding public works projects about apprenticeship requirements, send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code; and refer complains and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. The Labor Compliance Program shall be responsible for enforcing prevailing wage requirements for apprentices consistent with the practice of the Labor Commissioner. C. Audit of Certified Payroll Records An Audit, as defined in the California Code of Regulations, shall be prepared by the Labor Compliance Program whenever the Labor Compliance Program has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An "Audit" for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid workers, and including any penalties to be assessed under Labor Code Section 1775 and 1813, as determined by the Labor Compliance Program after consideration of the best information available as to the actual hours worked, amounts paid, and classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. An Audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An Audit using the forms in Attachment B, when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. After the Labor Compliance Program has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these Labor Compliance Program regulations. The contractor and affected subcontractor shall be provided at least 10 days following such notification to submit exculpatory information consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If, based upon the contractor's submission, the Labor Compliance Program reasonable concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations, the Labor Compliance Program shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the Labor Compliance Program. D. Complaints Upon receipt of a written complaint alleging that a contractor or subcontractor has failed to pay prevailing wages as required by the Labor Code, the LCP shall do all of the following: 1. Within 15 days after receipt of the complaint, send a written acknowledgment to the complaining party that the complaint has been received and identifying the name, address, and telephone number of the investigator assigned to the complaint; 2. Within 15 days after receipt of the complaint, provide the affected contractor with the notice required under Labor Code section 1775(c) if the complaint is against a subcontractor; 3 Notify the complaining party in writing of the resolution of the complaint within ten days after the complaint has been resolved by the LCP; 4. Notify the complaining party in writing at least once every 30 days of the status of a complaint that has not been resolved by the LCP; and 5. Notify the complaining party in writing at least once every 90 days of the status of a complaint that has been resolved by the LCP but remains under review or in litigation before another entity. E. Review of Certified Payroll Records Payroll records furnished by contractors and subcontractors in accordance with section 16421(a)(3) of the California Code of Regulations, and in a format prescribed at section 16401 of Title 8 of the California Code of Regulations, shall be reviewed by the Labor Compliance Program as promptly as practicable after receipt thereof, but in no event more than 30 days after such receipt. "Review" for this purposed shall be defined as inspection of the records furnished to determine if (1) all appropriate data elements identified in Labor Code Section 1776(a) have been reported; (2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b); and (3) the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described in subpart (f) below. F. Confirmation of Payroll Records "Confirmation" of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third party recipients of "Employer Payments" (as defined at section 16000 of Title 8 of the California Code of Regulations, or any other reasonable method of corroboration. For each month in which a contractor or subcontractor reports having workers employed on the public work, confirmation of furnished payroll records shall be undertaken randomly for at least one worker for at least one weekly period within that month. Confirmation shall also be undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the Labor Compliance Program that payroll records furnished by a contractor or subcontractor are inaccurate. G. Written Summary of Labor Compliance Activities For each public work project subject to a Labor Compliance Program's enforcement of prevailing wage requirements, a separate, written summary of labor compliance activities and relevant facts pertaining to that particular project shall be maintained. This summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner. Attachment H "Suggested Single Project Labor Compliance Review and Enforcement Report Form" is the suggested format. SECTION V REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER If an investigation reveals that a willful violation of the Labor Code has occurred, the LCO will make a written report to the Labor Commissioner which shall include: (1) an audit consisting of a comparison of payroll records to the best available information as to the actual hours worked, (2) the classification of workers employed on the public works contract. Six (6) types of willful violations are reported: A. Failure to Comply with Prevailing Wage Rate Requirements Failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and City contracts) is determined a willful violation whenever less than the stipulated basic hourly rate is paid to tradesworkers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than stipulated. B. Falsification of Payroll Records, Misclassification of Work, and/or Failure to Accurately Report Hours of Work Falsification of payroll records and failure to accurately report hours of work is characterized by deliberate underreporting of hours of work; underreporting the headcount; stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly misclassifying the work performed by the worker; and any other deliberate and/or willful act which results in the falsification or inaccurate reporting of payroll records. C. Failure to Submit Certified Payroll Records The contractors and subcontractors shall have ten (10) days upon notification by the LCO in which to comply with the requirement of submittal of weekly and/or to correct inaccuracies or omissions that have been detected. D. For Failure to Pay Fringe Benefits Fringe benefits are defined as the amounts stipulated for employer payments or trust fund contributions and are determined to be part of the required prevailing wage rate. Failure to pay or provide fringe benefits and/or make trust fund contributions on a timely basis is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not properly registered is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner, as a willful violation, upon completion of an investigation and audit. F. For the taking of Kickbacks Accepting or extracting kickbacks from employee wages under Labor Code Section 1778 constitutes a felony and may be prosecuted by the appropriate enforcement agency. SECTION VI ENFORCEMENT ACTION A. Duty of the Awarding Body The City of Santa Clarita, as the awarding body having an approved LCP, has a duty to the Director of the Department of Industrial Relations to enforce Labor Code Section 1720 et seq. and the procedural regulations of the Department of Industrial Relations in a manner consistent with the practice of the Labor Commissioner and DLSE and regulations found at Title 8, California Code Regulations, Section 16000 et seq. B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate 1. "Withhold" means to cease payments by the awarding body, its agents or others who pay on its behalf to the contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. 2. "Contracts" except as otherwise provided by agreement, means only contracts under a single master contract, or contracts entered into as stages of a single project which may be the subject of withholding; 3. "Delinquent payroll records" means those not submitted on the basis set forth in the City Contract; 4. "Inadequate payroll records" are any one of the following: a. A record lacking the information required by Labor Code Section 1776; b. A record which contains all of the required information but is not certified, or is certified by someone not an agent of the contractor or subcontractor; c. A record remaining uncorrected for one payroll period, after the awarding body has given the contractor notice of inaccuracies detected by audit or record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of the entire certified weekly payroll in dollar value and do not affect more than half the persons listed as workers employed on that certified weekly payroll, as defined in Labor Code Section 1776 and Title 8 CCR Section 16401. Prompt correction will stop any duty to withhold if such inaccuracies are de minimus. The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The LCP shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Compliance Program has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. When contract payments are held under this section, the Labor Compliance Program shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance Program has exceeded its authority under this section. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436 of these regulations. C. Withholding Contract Payments When. After Investigation, It Is Established That Underpayment or Other Violation Has Occurred 1. "Withhold and "contracts" have the same meaning set forth in sections 16435(a) and 16435(b) of the California Code of Regulations. 2. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its right Under Labor Code Section 1720. 3. "Amount equal to the underpayment" is the total of the following determined by payroll review, audit, or admission of contractor or subcontractor: a. The difference between the amounts paid to workers and the correct General Prevailing Wage Rate of Per Diem Wages as defined in Labor Code Section 1773, and determined to be the prevailing rate due workers in such craft, classification or trade in which they were employed and the amounts paid; b. The difference between the amounts paid on behalf of workers and the correct amounts of Employer Payments, as defined in Labor Code Section 1773.1 and determined to be part of the prevailing rate costs of contractors due for employment of workers in such craft, classification, or trade in which they were employed and the amounts paid; c. Estimated amounts of "illegal taking of wages"; and d. Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor the California Apprenticeship Council; e. Estimated penalties under Labor Code Sections 1775, 1776 and 1813. 4. The withholding of contract payments, when after investigation, it is established that underpayment or other violations have occurred requires the prior approval of the Labor Commissioner under sections 16436 and 16437 of the California Code of Regulations. 10 2. Provisions relating to the penalties under Labor Code Sections 1775, and 1813: a. Pursuant to Labor Code Section 1775, the contractor shall, as a penalty to the City, forfeit up to two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wages. b. Pursuant to Labor Code Section 1813, the contractor shall, as a penalty to the City on whose behalf the contract is awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the contractor or by any subcontractor for each calendar day during which such worker is required .or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without payment of 1 '/2 times the rate of pay. D. Forfeitures Requiring Approval by the Labor Commissioner 1. For purposes of this section,"Forfeitures" means the amounts of wages, penalties, and forfeitures assessed by the Labor Compliance Program and proposed to be withheld pursuant to Labor Code Section 1771.6(a), and includes the following: (1) the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate by the contractor or subcontractor; and (2) penalties assessed under Labor Code Sections 1775, 1776 and 1813. 2. If the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1,000.00, the forfeitures shall be deemed approved by the Labor Commissioner upon service and the Labor Commissioner's receipt of copies of the following: (1) The Notice of Withholding of Contract Payments authorized by Labor Code Section 1771.6(a); (2) an Audit as defined in section 16432(e) of the California Code of Regulations; and (3) a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation, the basis of the underpayment, and the factors considered in determining the assessment of penalties, if any, under Labor Code Section 1775. 3. For all other forfeitures, approval by the Labor Commissioner shall be requested and obtained in accordance with Section 16437 of the California Code of Regulations (subsection E) E. Determination of Amount of Forfeiture by the Labor Commissioner 1. Where the LCO requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains at least the information specified in subparts (1) through (9) below: a. Whether the public work has been accepted by the awarding body and whether a valid notice of completion has been filed, the dates if any of those events occurred, and the amount of funds being held in retention by the Awarding Body; b. Any other deadline which, if missed, would impede collection; c. Evidence of violation, in narrative form; d. Evidence of violation obtained under section 16432 of the California Code of Regulations and a copy of the Audit prepared in accordance with section 16432(e) of the California Code of Regulations setting forth the amounts of unpaid wages and applicable penalties; e. Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor and subcontractor were given the opportunity to explain why there was no violation; or that 11 any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor's attention, and (B), the contractor and subcontractor either did not do so or failed to convince the Labor Compliance Program of its position; Where the City seeks not only amounts of wages but also a penalty as part of the forfeiture, and the contractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount, pursuant to Labor Code Section 1775(a); g. Where the City seeks only wages or a penalty less than $200 per calendar day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, the file should include the evidence as to the contractor or subcontractor's knowledge of its obligation, including the Program's communication to the contractor or subcontractor of the obligation in the bid invitations, at the pre job conference agenda and records, and any other notice given as part of the contracting process. Included with the file should be a statement similar to that described in subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section 1775(a); h. The previous record of the contractor and subcontractor in meeting their prevailing wage obligations; and i. Whether the Labor Compliance Program has been granted approval on only an interim or temporary basis under section 16425 and 16426 of the California Code of Regulations or whether it has been granted extended approval. 2. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741. 3. A copy of the recommended forfeiture and the file of report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner. The Labor Compliance Program may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those are clearly referenced in the file of report. The City may exclude from the documents served on the contractor/subcontractor or surety copies of documents secured from these parties during an audit, investigation, or meeting if those documents are clearly referenced in the file or report. 4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. The determination of the forfeiture by the Labor Commissioner is effective on the following date: For all Programs other than those having extended authority under section 16427 of the California Code of Regulations, on the date Labor Commissioner serves by first class mail on the City of Santa Clarita , on the contractor and on the subcontractor, if any an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner's approval, modification 12 or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture. F. Deposits of Penalties and Forfeitures Withheld 1. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture, or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the City shall deposit penalties and forfeitures into its General Fund. 2. Where collection of fines, penalties, or forfeitures results from court action to which the Labor Commissioner and the City of Santa Clarita are both parties, the fines, penalties, or forfeitures shall be divided between the General Funds of the State and the City of Santa Clarita, as the court may decide. 3. All amounts recovered by suit brought by the Labor Commissioner, and to which the City of Santa Clarita is not a party, shall be deposited in the General Fund of the State of California. 4. All wages and benefits which belong to a worker and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of court action pursuant to Labor Code Section 1775, and which have not been paid to the worker or irrevocably committed on the worker's behalf to a benefits fund, shall be deposited with the Labor Commissioner, who will deal with such wages and benefits in accordance with Labor Code Section 96.7. G. Debarment Policy It is the policy of the City that the public works prevailing wage requirements set forth in the California Labor Code, Section 1720-1861, be strictly enforced. In furtherance thereof, construction contractors and subcontractors found to be repeat violators of the California Labor Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise being awarded any public work contract, within the state of California, for the performance of construction and/or maintenance services for the period not to exceed three (3) years in duration. The duration of the debarment period shall depend upon the nature and severity of the labor code violations and any mitigating and/or aggravating factors, which may be presented at the hearing conducted by the Labor Commissioner for such purpose. SECTION VII NOTICE OF WITHHOLDING AND REVIEW THEREOF A. Notice of Withholding of Contract Pavinents After determination of the amount of forfeiture by the Labor Commissioner, the City shall provide notice of withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The awarding body shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. A copy of the Notice of Withholding of Contract Payments (NWCP) to be utilized by the City is found as Attachment D to this document. 13 B. Review of NWCP 1. An affected contractor or subcontractor may obtain review of a NWCP under this chapter by transmitting a written request to the office of the Labor Compliance Officer ("LCO") that appears on the NCWP within 60 days after service of the NWCP. If no hearing is requested within 60 days after service of the NWCP, the NWCP shall become final. 2. Within ten days following the receipt of the request for review, the LCO shall transmit to the Office of the Director -Legal Unit the request for review and copies of the Notice of Withholding of Contract Payments, any audit summary that accompanied the notice, and a proof of service or other documents showing the name and address of any bonding company or surety that secures the payment of the wages covered by the notice. A copy of the required Notice of Transmittal to be utilized by the City is found as Attachment E to this document. 3. The City may be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code Section 1742(b) and sections 17201-17270 of Title 8 of the California Code of Regulations. 4. Upon receipt of a timely request, a hearing shall be commenced within 90 days before the director, who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The appointed hearing officer shall be an employee of the department, but shall not be an employee of the Division of Labor Standards Enforcement. The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the LCO at the hearing within 20 days of the receipt of the written request for a hearing. Any evidence obtained by the LCO subsequent to the 20 -day cutoff shall be promptly disclosed to the contractor or subcontractor. A copy of a Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) form is found as Attachment F to this document. The contractor or subcontractor shall have the burden of proving that the basis for the NWCP is incorrect. The NWCP shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing. Within 45 days of the conclusion of the hearing, the director shall issue a written decision affirming, modifying, or dismissing the assessment. The decision of the director shall consist of a notice of findings, findings, and an order. This decision shall be served on all parties pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the LCO. Within 15 days of the issuance of the decision, the director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. The director has adopted regulations setting forth procedures for hearings under this subdivision. The regulations are found as Attachment G to this document. An affected contractor or subcontractor may obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. 6. A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has 14 property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. 7. A judgment entered pursuant to this procedure shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes. The clerk shall not charge for the service performed by him or her pursuant to this section. 8. This procedure shall provide the exclusive method for review of a NWCP by the City to withhold contract payments pursuant to Labor Code Section 1771.7. C. Settlement Authority 1. If a contractor or subcontractor seeks review of a Labor Compliance Program enforcement action, the Labor Commissioner may intervene to represent the City, or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both. 2. Except in cases where the Labor Commissioner has intervened pursuant to subpart (1) above, the Labor Compliance Program shall have the authority to prosecute, settle, or seek the dismissal of an Notice of Withholding of Contract Payments issued pursuant to Labor Code Section 1771.6 and any review proceeding under Labor Code Section 1742, without any further need for approval by the Labor Commissioner. Whenever a Labor Compliance Program settles in whole or in part or seeks and obtains the dismissal of a Notice of Withholding of Contract Payments or a review proceeding under Labor Code Section 1742, the Labor Compliance Program shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. SECTION VIII PRIORITY DISTRIBUTION OF FORFEITED SUMS 1. Before making payments to the contractor of money due under a contract for public work, the City shall withhold and retain therefrom all amounts required to satisfy the NWCP. The amounts required to satisfy the NWCP shall not be disbursed by the City until receipt of a final order that is no longer subject to judicial review. 2. Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the City shall not disburse any contract payments withheld. 3. From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers employed on the public works project who are paid less than the prevailing wage rate shall have PRIORITY over all Stop Notices filed against the prime contractor. 4. Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Fund and held in trust for the workers pursuant to Labor Code Section 96.7. Penalties shall be paid into the General Fund of the City that has enforced this chapter pursuant to Labor Code Section 1771.7. 15 SECTION IX OUTREACH ACTIVITIES To ensure the successful implementation of the City's Labor Compliance Program, there shall be several outreach activities initiated and maintained. A. Providing Information to the Public The Labor Compliance Officer shall be responsible for communication and outreach activities relative to public information on the City's Labor Compliance Program: 1. Regular presentations to contractors at all City Job Walk Meetings (Pre -Bid conferences) and Job Start Meetings (Pre -Job conferences); 2. Ongoing communication via correspondence and with workers at the City's job sites when review of the certified payroll records reveals the possibility of prevailing wage violations. 3. Periodic meetings with contractor organizations, prime contractors and subcontractors interested in public works contracting with the City. B. In-service Management training on the Labor Compliance Program The Labor Compliance Program shall provide ongoing management in -servicing and workshops for Facilities, Business, Accounting and legal staff relative to the terms, requirements and administration of the Labor Compliance Program. SECTION X ANNUAL REPORTS A. Annual Report on Prevailing Wage Monitoring to the City Council The Labor Compliance Program Officer shall submit to the Director an annual report on its operation within 60 days after the close of its annual reporting period. For purposes of this section, the annual reporting period shall be deemed to commence on July 1 and shall conclude on June 30 of the fiscal year. Annual Reports are due to the Department of Industrial Relations by no later than August 31 and shall be completed on form LCP-AR2. Information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluation the scope and level of enforcement activity of the Labor Compliance Program. An annual report shall also include such additional information as the Labor Compliance Program may be required to report as a condition of its approval. 16 ATTACHMENT A CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM CHECKLIST OF LABOR LAW REQUIREMENTS FOR REVIEW AT JOB START MEETINGS The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following: 1. Payment of Prevailing Wage Rates The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; 2. Apprentices The contractor's duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); Penalties The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1771.1 1777.7 and 1813;. 4. Certified Payroll Records The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their portion of the work is less than one half of one percent of the total amount of the contract. Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day and each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project. Employee payroll records shall further be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request pursuant to Labor Code Section 1776. The final certified payroll record submitted by the contractor and subcontractors shall be marked "final." Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the Certified Payroll Record shall be annotated "No Work" for that week. 5. Nondiscrimination in Employment The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6. Kickback Prohibited 17 The prohibition against recapturing wages illegally or extracting kickback from employee's wages under Labor Code Section 1778; 7. Acceptance of Fees Prohibited The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8. Listing of Subcontractors The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9. Proper Licensing The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10. Unfair Competition Prohibited The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11. Workers' Compensation Insurance The requirement that the contractor and subcontractor be properly insured for Workers' Compensation under Labor Code Section 1861); 12. OSHA The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13. Undocumented Workers The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14. Itemized Wage Statements The requirements to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). Date Name of person signing and company is ATTACHMENT B CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE LABOR COMPLIANCE PROGRAM AUDIT RECORD WORKSHEETS (For Use with Title 8 CCR Section 16432 Audits) •Public Works Investigation Worksheet •Public Works Audit Worksheet •Prevailing Wage Determination Summary 19 w z g z z LL O a W Classification Code I I 1 I I I f u H u j I H I I ' I H 20 a zP I ✓ W V W u W K H W O' N W S N W C w W 1' W W 4' M W K M W K M W OC N W K W W Of Z z ? O 2 N � a f No. of uotadons I i Eo -a No. of VlotMims G z j 0 W J w � o a � 3 a uT1 z w � o O U C w i I 0 n I z � w z O O U tai, Y w H a Q o a ~n O 9 J � o 0 Q N � o w c � =17w it —i---(i-- t 7 I _ W a OM � O 1 �/+ 00 H O O ~,O 0~ O D �,O O �,OIO O 0 0 0 O'D ~ O D T�O O. I N O � p z 0 a w � Classification Code I I 1 I I I f u H u j I H I I ' I H 20 a 21 \\ z \ \ q \ / M [ ( } }\ $ \° \\ I \) \ > m \ /E co Z (\ / e! § k 2 [ ) \ )§ (° 7 (E \\ \ \\ k} } ! _ � (y ( } \ } � ) /� � 21 O OZ 22 TM IF W O a � llwi� d � � s �a�nha �" � `'• �� i�i�z$ iM 2 * $s2Sr RK*`' � w � ¢ 5 k � � `moi � � p5� i�Y'. y�f.r `�y�'�pq*� 3 ja� \'i�0�"�• -� F p y�� U 22 ATTACHMENT C Labor Compliance Program Regulations (referred to as Appendix D) REOUEST FOR APPROVAL OF FORFEITURE -- Suggested format CITY OF SANTA CLARITA LCP: Name and Contact Information: Date of Request: Name and Contact Information for Awarding Body if different from LCP Approval Status (specify if either LCP: interim or temporary or if LCP has extended Notice of Completion/Date Recorded with County Recorder: authority): 2.PROJECT INFORMATION: Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3.CONTRACTOR INFORMATION: Name and address of Affected Contractor: I Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 23 4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Due: Total Penalties Due: Potential Liquidated Damages [Wages + Training Funds]: LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other: Due: [Provide narrative summaries covering the following]: A.Statement of Issues. B.Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc). CAudit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations; summary of their response with respect to violations and penalty issues; and any other information considered in determining recommended penalties). E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s). ATTACHMENTS 1. Audit Summary (Appendix B) 2. 1s1 Bid Advertisement Publication 3. Notice of Completion 4. Scope of Work 5. Complaint form(s) and Declarations, if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. 24 ATTACHMENT D-1 [Name and Contact Information for person issuing Notice] Work performed in County of: Date: Case or Contract No.: NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body: Work performed in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code §1771.5(b)(5) and 8 CCR §16435, contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: ❑The following payroll records are delinquent (specify weeks and due dates): ❑ The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR § 16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information, including appeal rights. Labor Compliance Officer 25 Prime Contractor Obligations: If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor's payroll records, you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review — Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code § 1742. The only issue in any such review proceeding is whether the specified payroll records are in fact delinquent or inadequate within the meaning of 8 CCR §16435 or whether the Labor Compliance Program has exceeded its authority under 8 CCR §16435. To obtain an expedited hearing, a written request must be transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations, as follows: [Name of Labor Compliance Officer, address, and fax number] Office of the Director — Legal Unit Attention: Lead Hearing Officer Expedited Hearing Request Fax to: (415) 703-4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment. The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. Important Additional Information: This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of liability for wages or penalties under Labor Code §§1775 and 1776 or any other statute. Contract payments cannot continue to be withheld pursuant to this notice, once the required records have been produced. However, the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if, upon investigation, a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and may also have additional rights or remedies under the public works contract. 26 ATTACHMENT D-2 Labor Compliance Program (Sl --Al-) Phone: Fax: Date: In Reply Refer to Case No.. Notice of Withholding of Contract Payments Awarding Body Work Performed in County of Project Name Project No. Prime Contractor Subcontractor After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above- named public works project, the Labor Compliance Program for (A Labor Compliance Program) has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance with Labor Code Sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: The Labor Compliance Program has determined that the total amount of wages due is: $ The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code Sections 1775 and 1813 is: $ The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code Section 1776 is: LABOR COMPLIANCE PROGRAM 0 27 Notice of Right to Obtain Revie" - Formal Hearing In accordance with Labor Code Sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program Review Office -Notice of Withholding of Contract Payments A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code Section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code Section 1743. In accordance with Labor Code Section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) 28 Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1 (b), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding the notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60 -day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60 -day period during which a formal hearing may be requested.' A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to at the following address: Liquidated Damages In accordance with Labor Code Section 1742.1, after 60 days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If the notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages. Notwithstanding the above, in accordance with Labor Code 1742.1 (b), there shall be no liability for liquidated damages if the full amount found due in this Notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of this Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. In lieu of a cash deposit, the contractor may post an undertaking with the Department in full amount of the Notice of Withholding of Contract Payments. The undertaking shall be on the condition that, if any decision is issued by the Director upholding this Notice in any respect, the contractor shall pay the amount owed pursuant to a decision that is final under Labor Code Section 1742, unless the parties have executed a settlement agreement for the payment of some other amount, in which case the contractor shall pay the amount that the contractor is obligated to pay under the terms of the settlement agreement. The undertaking must provide that if the contractor fails to pay the amount owed within 10 days of the date the decision is final or the execution of the settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount exceeds the undertaking is forfeited to the Labor Commissioner for the State of California for the purpose of satisfying the amounts owed under this Notice. A payment bond obtained by a contractor for the public works project which is the subject to this Notice shall not be accepted as an undertaking unless the following two conditions are completely satisfied: (1) the payment bond provides the payment of the full amount of this Notice, including but not limited to, all wages, training, trust contributions, and penalties, and (2) the conditions of payment set forth above are expressly agreed to by the affected contractor(s) and the surety which issued the payment bond. The undertaking should be forwarded to the Department as directed below. The Department's Accounting Office will hold the undertaking until the administrative and judicial review is completed. The disbursement of the bond funds will follow the same process as described above for a cash deposit. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Notice of Withhold Contract Payments and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 29 The Amount of Liquidated Damages Available Under this Notice is $, Distribution: Prime Contractor Subcontractor Surety(s) on Bond Attach: Audit Summary Proof of Service 30 ATTACHMENT E LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Transmittal To:Department of Industrial Relations Office of the Director -Legal Unit Attention: Lead Hearing Officer P. O. Box 420603 San Francisco, CA 94142-0603 Enclosed herewith please find a Request for Review, dated , postmarked , and received by this office on Also enclosed please find the following: Copy of Notice of Withholding of Contract Payments Copy of Audit Summary LABOR COMPLIANCE PROGRAM By cc: Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations Sections 17201-17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with Section 11500. 31 ATTACHMENT F LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL ) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To:Prime Contractor Subcontractor Please be advised that this office has received your Request for Review, dated , and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. In accordance with Labor Code Section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said party's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code Section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. 32 In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: Attention: *3 Request to Review Evidence To: From: Regarding Notice of Withholding of Contract Payments Dated Our Case No.: The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. Phone No.: Fax No.: 34 ATTACHMENT G PREVAILING WAGE HEARING REGULATIONS SEE CALIFORNIA CODE OF REGULATIONS TITLE 8, CHAPTER 8, SUBCHAPTER 6 (SECTIONS 17201 through 17270) 35 ATTACHMENT H Suggested Single Project Labor Compliance Review and Enforcement Report .Form [Appendix C following x CCR §164341 Awarding Body: Project Name: Name of Approved Labor Compliance Program: Bid Advertisement Date: Acceptance Date: Notice of Completion Recordation Date: Summary vfLabor Compliance Activities 1. Contract Documents Containing Prevailing Wage Requirements (Identify) 2. Prejob Conferencc(s) -- Attach list(s) of attendees and dates :3, Notification to Project Workers of Labor Compliance Program's Contact Person. (Explain Tvlanner of Notification for each project work site.) 4. Certified Payroll Record Review a. CPRs Received From: Contractor/Subcontractor For weeks ending ("wie") through wic 36 b. Classifications identified in C'PRs and applicable Prevailing Wage Determinations Classification Determination No. 5. Further investigation or audit due to CPR review, information or complaint from worker or other interested person, or other reason: a. Independent Confumation of CPR Data Worker Interviews Reconciled CPRS with Pay- C'ontractor'Subcvntractor (i'e: NNo) checks or Stubs (Yes,,No) b. Employer Payments (Ilealth & Welfare, Pension, Vacationilloliday) Confirmation Recipients of Written confirmation ContractorjSubcontractor Employer Payments obtained fY cs No) C. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Recipients of Written confirmation ContractoriSubcontractor Contributions Obtained (YesfNo) 37 d. Additional Wagc Payments or Training Fund Contributions Resulting from Review of CPRs Additional amounts Additional ixpla- ContractorSubcontractor Paid to lVorkers Training Fund nation * * « • * Use separate page(s) for explanation 6. Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Resolution or Complainant Date Received Cumnt Status k * k *13se separate page(s) to explain resolution or current status 7. Requests for Approval of Forfeiture to Labor Commissioner ContractoriSubcontractor mate ofRgguat AlMrovtd�'Mocli6edDenicd 8. Litigation Pending Under Labor Code Section 1742 ContractovSubcontractor DIR Cie Number % (Check one); final report this prc ject Annual report this project Authorized Representative for Labor Compliance Program 38 Section III CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Implementation Plan 39 Section III IMPLEMENTATION PLAN • Labor Compliance Officer or designee receives construction contract awards/work schedules from the Parks, Recreation and Community Services, Field Services and Engineering Departments. • Labor Compliance Officer prepares and electronically issues project specific DAS 13/PW-100 form to the Department of Industrial Relations • Labor Compliance Officer or designee participates in job -start meeting. • Labor Compliance Officer provides site monitors with work schedules. • Site monitors, both City employees and others, conduct interviews and return interview sheets to Labor Compliance Officer. • Labor Compliance Officer or designee enters information from interviews into database. • Labor Compliance Officer or designee verifies information from certified payroll records. • Labor Compliance Officer notifies contractor in writing of any discrepancies with certified payroll records. • If clarification/correction is not received from the contractor within 10 days, Labor Compliance Officer will commence an investigation. • Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. • Labor Compliance Officer prepares and submits public works violation reports to Labor Commissioner as required. • Labor Compliance Officer communicates on a regular basis with contractors, workers, building and trade organizations, and other community entities and in-service management to City personnel. • Labor Compliance Officer prepares and submits annual program reports to the Santa Clarita City Council, and the Director of the Department of Industrial Relations. • Labor Compliance Officer manages all facets and is the primary contact for the City's Labor Compliance Program. • Labor Compliance Officer provides non -City site monitors with site visitation training and assigns projects when applicable. 40 Section IV CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Operational Manual 41 SECTION IV OPERATION MANUAL Site Visitations Representatives of the Labor Compliance Program shall conduct in-person inspections at the site or sites at which the contract for public work is being performed ("On -Site Visits"). On -Site Visits may be undertaken randomly or as deemed necessary by the Labor Compliance Program, but shall be undertaken during each week that workers are present at sites at which the contract for public work is being performed. All On -Site Visits shall include visual inspection of (1) the copy of the determinations of the Director of Industrial Relations of the prevailing wage rate of per diem wages required to be posted at each gob site in compliance with Labor Code Section 1773.2, and (2) the Notice of Labor Compliance Program Approval required to be posted at the gob site in accordance with Section 16429 of the of the California Code of Regulations, listing a telephone number to call for inquiries, questions, or assistance with regard to the Labor Compliance Program. On -Site Visits may include other activities deemed necessary by the Labor Compliance Program to independently corroborate prevailing wage payments reported on Payroll records furnished by contractors and subcontractors. 1. Safety is the paramount factor for any site visit to any City of Santa Clarita construction projects. Do not enter any area that appears unsafe. Site monitor is expected to exercise reasonable caution at all times. 2. All authorized personnel visiting any City of Santa Clarita construction site are required to be properly identified as a City representative by wearing visible picture ID's (badge), or identifying themselves as such. Additionally, all authorized personnel are required to wear hard hats and safety shoes. 3. Authorized personnel shall visit all sites on a non-interference basis and take a minimum amount of the workers' time for interview purposes. 4. Upon arrival at a site, the site monitor will check in at the site superintendent's (contractor's) trailer prior to any interviewing. In the event there is not a construction trailer, you will check in at the site's administrative office. Identify yourself and state the purpose of the visit. Sign in if required to do so. If the site superintendent cites some reason that denies access to the site, promptly and politely remove yourself. Make a note of this occurrence and include in your report to the LCO. 5. Check to see that the following are displayed in the contractor's trailer: • Prevailing wage Determinations are posted • Notice of Labor Compliance Program Approval • Sign -in Log • Listing of subcontractors on site If any of these items are not readily visible, remind the contractor that these postings are part of the contractual requirements. On subsequent visits, make sure that these items are posted, or the contractor will be found to be in noncompliance. 6. There will be times when the site superintendent is somewhere on the site and/or there is no contractor present in the trailer. You should check in at the City's Inspector of Record (IOR) trailer. The IOR will also be able to tell you which contractors are on the site at that time. If all trailers are empty or locked, try to locate the site superintendent or IOR on the site prior to commencing interviewing. DAI Interviewing Once you have checked in with the site superintendent and obtain access to the site, try to locate tradespersons working in clusters. For instance, several painters, electricians, roofers, etc. working in one area. Approach the workers individually in a non -threatening, professional manner. Identify yourself, indicate that you are City's representative, and that you need only a few seconds of their time to ask some very generic questions to ensure that they are receiving the proper rate of pay for the type of work they are doing. Again, do not endanger yours or any tradesperson's safety in conducting these interviews. Do not insist that someone on a scaffold 40 feet in the air come down for an interview. Do not ask anyone to form a line until you can get to them; allow them to continue working until you can get to them individually. These interviews are random; two or three tradespersons for each subcontractor are more than sufficient for one visit. Any persons missed are usually picked up on the next visit. If only one tradesperson is at the site, then interview that person if possible. If you are told that the rest of the crew will be there in an hour, do not wait, unless your total site interviewing will take that length of time. Thirty minutes of interviewing per site is typically sufficient, depending upon the site size and/or number of subcontractors present. Contractor tradesperson should also be interviewed. 2. Using the Labor Compliance Site Visitation Interview form, ask each person the following: name, social security number, employer, title (trade), rate of pay, and task being performed at the time of interview. Should someone decline to speak with you, respect those wishes. If someone asks if this is union -related, tell them no. The City of Santa Clarita works with both open and closed shop trades. 4. If you try to interview someone who does not speak English and you cannot communicate in the appropriate language, try to locate a coworker who can interpret for you. If you find an entire crew unable to speak English and no interpreter, include this in your report to the LCO. 5. If someone refuses to disclose his social security number to you, respect those wishes. However, assure that person that all information given is kept strictly confidential. 6. If someone does not know their rate of pay (most tradespersons don't know), ask for a guesstimate. If the response is, "whatever prevailing wage is", so indicate on the form. 7. If someone indicates that he is an apprentice, make sure that you ask him what period. These can be anywhere from 1, to I0`h. If he's not sure, ask him how many years he's been apprenticed in the specific trade and/or to guesstimate and so indicate on the interview form. 8. ALWAYS thank them for their time. 9. Keep in mind that you are there to collect information only, do not tell them how to do their jobs. Should you witness what you consider a potentially unsafe or unwarranted condition, you are to contact the site inspector or job superintendent of your findings immediately and make a note on your site visitation log of what you observed. Upon your return to the office, report your findings to the LCO. Reporting 1. All original interview forms shall be submitted to the LCO no later than the end of each workweek. 43 Section V CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Procedures 44 SECTION V PROCEDURES Certified Payroll Verification Procedures 1. The Parks, Recreation and Community Services, Field Services and Engineering Departments will provide the Labor Compliance Officer with construction work schedules. 2. Upon receipt of weekly certified payroll reports from general/subcontractors, compare information from the Labor Compliance visitation log to the contractors certified payroll and the prevailing wage schedule. 3. Compare name and social security number with trade classification listed. 4. Ensure prevailing wage listed is correct for the classification listed using the prevailing wage schedule 5. Check for employment of apprentices, correct rate of pay, and proper ratio to journey workers. 6. Contact the contractor in writing and send by certified mail any inaccuracies in the verification of its certified payroll. 7. If clarification/correction is not received within ten (10) days from the contractor, the Labor Compliance Officer will commence an investigation. 8. Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. 9. Retain all original interview forms and annotate the database as applicable. Site Monitor Procedures 1. Receive construction site work schedule from Labor Compliance Officer. 2. Check in with site administrative office/site superintendent 3. Utilizing the Labor Compliance Site Visitation Interview form, conduct interviews with workers. 4. Note on your form any infractions you may observe while conducting the interview. 5. Return interview form to the Labor Compliance Officer. 6. Report any infractions you observed to the Labor Compliance Officer. 45 Section VI CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Forms 46 PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee it you are approved to train. H you are not approved to train, you must send the information (which may be this form) to ALL appticable Apprenticeship Committees in your craft ortrade in the area of the site of the pubic work. Go to: htV:flwww.dir.ca.govldas/PublicWoftForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (OAS) office whose telephone number may be found in your local directory under California. State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. ":,cJBcC'VI y'-iU.RfC.61:':Var CC, 'IF;A:YT-_-.',S .ATE-I.—ENSEtaV W4UNG AMrESs MAW & STREET, CITY, DP C(VE AREA COX & Ttt.EPHOAE NO. NNW, & AMRr^S Or PMIC s:CffriM PROXCT DA .7 M.ilf: CONTRACT FYT XMD CATE,X EXFECTEV AACTUAL STAAT OFMOJEOT tiMT ..AOr+F r1 Y PU"T 1C Wirli'-r AWARNW C,11JTRACT rCTIMtTrP ri WR rr .O-QWYATN Fi(x1R.`: Q:WPAiM k* R'iMt TICS <H«i-JI :A i.; F�3J_ __h141� iNAhkE �.Ai:i.Yt�;,t:OF P: 'Kh ,Ntl['•E Y'i� f I'*_r�RfWf(=ti tW IMAI_.: 14.MtEI-:h 4,,7'IVEN _LH_.t ARR47MAIE UAIE: tC lE EWiML This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230. Ila) California Code of Regulations Check One Of The Boxes Below 1. F� we are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. [:] We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name ofthe Committee 3. [--� We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. Signature Typed !Jame Title Date State of California - Department of Industrial Relations DIVISION OF APPREN710ESHIP STANDARDS 47 Department of Industrial Relations P.O. Bo 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check, payable to the California Apprenticeship Council, may be submitted for all jobsites and/or occupations. Training fund contributions are not accepted by the California Apprentice Council for federal public works projects, or for non-apprenticable occupations such as laborers, utility technicians, teamsters, etc. TRAINING FUND CONTRIBUTIONS California Apprenticeship Council Name and Address of Contractor/Subcontractor making Contribution Contractor's License Number Contract or Project Number Name and Address of Public Agency Awarding Contract Jobsite Location (Including County) Period Covered by Contribution Signature IDate Title (Area Code & Telephone Number CAC 2 48 CITY OF SANTA CLARITA CONTRACTOR FRINGE BENEFIT STATEMENT Contract Number / Name: Contract Location: Today's Date: Contractor / Subcontractor Name: (Business Address.- In ddress: In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below. Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: ►F— Pension $ PAID TO: Name: U_ w Address: z Vacation/ $ PAID TO: Name: Co LU Holiday Address: CD z Training $ PAID TO: Name: UL and/or Other Address: assi ication: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: Pension $ PAID TO: Name: E LU Address: mVacation/ $ PAID TO: Name: LU Holiday Address: CD z Training $ PAID TO: Name: U_ And/or Other Address: assi ication: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: Pension $ PAID TO: Name: LL w Address: z w Vacation/ $ PAID TO: Name: m w Holiday Address: z Training $ PAID TO: Name: U_ And/or Other Address: Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. Submitted: Contractor / Subcontractor I By: Name / Title 49 E E O U m c L D1 J U m Q L_: O U U c0 @ CC O U U-0 o :3 a) E O ca Z in O m Sm m N E 0 O < Z Q c0 U Z (n O N t0 > U O O 0- E LU O �x 0L Q 'L w C 0 N 00 v N 00 S N N � � U U� U N O N w E N L .T O a°E,3 m LU a) p Scm C O N 7 o a) (nnd U C m w E N CL N Q cn CL o 8- E a3N O O m p LO .2— Y (on c @ O U 0. .cn t a U o O O u )3 N N O ma° N = N N 07 dim E O N as ~ T a S U ` 0 U cn � U) c m In Q U) _ a) LL U) LU a m Q S C_ a) F N >O > cc ~ N j T- E E O U m c L D1 J U m Q L_: O U U c0 @ CC O U U-0 o :3 a) E O ca Z in O m Sm m N E 0 O < Z Q c0 U Z (n O N t0 > U O O 0- E LU O U O\ N �x Q 'L w C 0 kn D t O j N ~ a) M � U U� N LL 00 _ U N L o O O m Q � v n m OHO N � �C U ^ a� L U > c° Q) > U .2— .cn t a N O U O\ N V U) co Ln L? V v IT O O O O () O �o GO M LU c 7 O U Cl) K Q O N y C o O N U X_ LL M 2 Ln Ln Ln Ln O) Q �U N U E •C (6 O U C N C - -) — U) cn C o �V Y9 ' V moi' Q t U m C > (U > (0 H � N a� 0 C YC E a) O LL Q D m F C O c N c@ L � N C a) O > c > a, o � L _ d o a CO C N N 5%OO = Q M lC � H M C O t+ O m N M w 67, H C U_ Lo r - LL O �c U M U � O � � O d ~ N m 0) rn rn c4 Ln Ln Ln a) E (D LU c O O U co Qa) O 0 cn a o U N O L — O �I n3 C O O () C r- O O, w w U O N U U O d a) C N O N U 0) C L ' N °' J � � m i Q O O cu C rn N N �p c =3 m O O O U -- N c cu w O O cu m c O c y o M c_ _n w N 0.2 o O E T C Ow C p O N w p_ > 7 N c0 U cu m r w � L v o 3 Y U a) N U C_ O) N in .0 N � N U Y fl O C U c U M O O Z- 0 m > o co n n rn E E 7 ` V1 � E o c9 N O O a) c N N U (n Q c6 a p w a)O : N _ O -O U LO N U C w O O .C:_ N T O i w ca O ` C E m Z a v Z o a ca � cn U_ N L ca 0 3 Q �x Q 'L w co c6 a)U � U U� N LL 00 _ U o U) m � v Op m O LL ^ LL V U) co Ln L? V v IT O O O O () O �o GO M LU c 7 O U Cl) K Q O N y C o O N U X_ LL M 2 Ln Ln Ln Ln O) Q �U N U E •C (6 O U C N C - -) — U) cn C o �V Y9 ' V moi' Q t U m C > (U > (0 H � N a� 0 C YC E a) O LL Q D m F C O c N c@ L � N C a) O > c > a, o � L _ d o a CO C N N 5%OO = Q M lC � H M C O t+ O m N M w 67, H C U_ Lo r - LL O �c U M U � O � � O d ~ N m 0) rn rn c4 Ln Ln Ln a) E (D LU c O O U co Qa) O 0 cn a o U N O L — O �I n3 C O O () C r- O O, w w U O N U U O d a) C N O N U 0) C L ' N °' J � � m i Q O O cu C rn N N �p c =3 m O O O U -- N c cu w O O cu m c O c y o M c_ _n w N 0.2 o O E T C Ow C p O N w p_ > 7 N c0 U cu m r w � L v o 3 Y U a) N U C_ O) N in .0 N � N U Y fl O C U c U M O O Z- 0 m > o co n n rn E E 7 ` V1 � E o c9 N O O a) c N N U (n Q c6 a p w a)O : N _ O -O U LO N U C w O O .C:_ N T O i w ca O ` C E m Z a v Z o a ca � cn U_ N L ca 0 3 Q O N a fQ CL T c 1 `O 0 O L 'O d L N C h l0 w w O O 3 E m N N C T m n ON L'. U � U c UO d a O U a 3 c O N N � y C C � J O D N O :5 O O E N .0 N 0 U d 0 a m ai N T C CD O d l0 N m n `o v o 4) N C m O O C N n � L U � 3 a a c " c U p O a O a cm > C V C y O C w U O a E m a a w �d cc N E 'm � L N 3 m N `o L U N N L U a- 0 t N U O N O O T Q E a 3 � T a � L N C C a` m E N Z a a O cc O p U C w n t O O a c � _T a C m y U 6 0 Y w0 SZ U 3°w z Q za- z p z O p z 0 p Z O p oO O o 0 U w a U O 0 w U O U O 0 w O DU O zU Z p w F LL Q w 3 2 F w Q 3 F LL 3 F w 3 p 0 y w i b O w i b O x b O i b r O O ¢ Q d W W z U O N Z U O N z U 0 N z U O N Z 0 o Q C Q� U) N N N N a a z O F - z OZ �$ N O N O N O N O Z O r U w N p zw N O _z w N O z w N p z oLL U z �` LL U Z M LL U Z LL U z LL W o N a LL o N Q LL o N Q LL o N Q U_ J w w Z wXX r Ua z W( 0a z w( Oa w[[ rU O z qar OF LL Q � z Z r F F w w =OU U U w U U C) � O w a0 w a0 w a0 w a0 p U �Lt) I� Q a a a a in Z (nU U)U fnU (nU O c Uw z y O = W = W = W = W LL �O r'O O ~O Q a W a a a wQ _ a Q0O Z J in 00 zcn Z U Y w QW t 111 »> LL � W WFS- N a QC,N LL � Y O 3 ~ 3 S U) O m O U) O Q O O F ttU O �w � Q a- U ------------------ wxw�a�Ozv� R=0-0-zo "zo 0,3 atm W Q m Q z W fnz W W r Q 0 1 J 0C)w Q U w ¢ww w U) LL 2-O Z U z 0 O CL T c 1 `O 0 O L 'O d L N C h l0 w w O O 3 E m N N C T m n ON L'. U � U c UO d a O U a 3 c O N N � y C C � J O D N O :5 O O E N .0 N 0 U d 0 a m ai N T C CD O d l0 N m n `o v o 4) N C m O O C N n � L U � 3 a a c " c U p O a O a cm > C V C y O C w U O a E m a a w �d cc N E 'm � L N 3 m N `o L U N N L U a- 0 t N U O N O O T Q E a 3 � T a � L N C C a` m E N Z a a O cc O p U C w n t O O a c � _T a C m y U 6 0 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: # CARPENTER DETERMINATION: SD -23-31-4-2000-1 ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: June 30,2000** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Contra Costa County Employer Payments Straight -Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily Saturday a Sunday (JOURNEYPERSON) Hourly and Holiday Hourly and Rate Welfare Rate I 1/2X 11/2X Holiday ENGINEERING CONSTRUCTION Carpenter (Heavy and Highway work) $25.25 2.30 1.01 2.72 b .30 8 31.58 44.205 44.205 56.83 Light Commercial 20.40 2.30 1.01 2.72 b .30 8 26.73 36.93 36.93 47.13 Bridge Carpenter (Highway work) 25.38 2.30 1.01 2.72 b .30 8 31.71 44. 44.40 57.09 Millwright 25.75 2.30 1.01 2.72 b .30 8 32.08 .955 44.955 57.83 Pile Driver 25.38 2.30 1.01 2.72 b .30 8 31.71 44.40 44.40 57.09 Diver, Wet (up to 50 ft. depth)cd 55.76 2.30 1.01 2.72 b .30 8 62.09 89. 89 7 117.85 Diver, Standby 28.38 2.30 1.01 2.72 b .30 8 34.71 48.90 48 63.09 Diver's Tender 27.38 2.30 1.01 2.72 b.30 8 33.71 47.40 47.40 61.09 DETERMINATION: SD -23-31-4-2000-1A ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: July 1, 2000** The rate to be pai r w k perfo ed fter thi dat as bee etermined. If ork will extend past this date, the new rate must be paid and should be incorporated in contracts entered into ow. Conta t the ivision of L r Statistic and Re ch for specific rates at (415)703-4774. LOCALITY: All localities within Santa Clarita County BUILDING CONSTRUCTION Carpenter $23.40 2.30 1. 2. 7 .30 8 29.18 40.88 40.88 52.58 Light Commercial 18.72 0 1.0 2.1 b 0 8 24.50 33.86 33.86 43.22 DETERMINATION: SD -31-7 -1-2000-1 ISSUE DATE: FEBRU 22, 200 EXPIRATION DAT F DETER ATIO : Ma , 000* E ti u superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Sta istics esearch 5) 7 3-4774 e tes after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All local ' with' Clarit C unty. Employer Payments Straight -Time Overtime Hourly Rate Classification B c Health Pension Vacation/ Training Hours Total Daily Saturday e Sunday (Journeyperson) ourly and Holiday Hourly and Rate Welfare Rate I1/2X 11/2X Holiday Terrazzo Installer $29.55 2.30 1.01 1.72 b - 8 34.58 49.355 49.355 64.13 Terrazzo Finisher 23.05 2.30 1.01 1.72 b - 8 28.08 39.605 39.605 51.13 # Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules.. Saturday in the same workweek may be worked at straight -time rate for the first 8 hours if the employee was unable to complete the 40 hours during the normal workweek. b Includes supplemental dues. c Shall receive a minimum of 8 hours pay for any day or part thereof. d For specific rates over 50 ft. depth, contact the Division of Labor Statistics and Research. DESCRIPTION: Engineering Construction Refers to construction which requires a Class A license and includes bridges, highways, dams and also power plants and other heavy industrial type projects. Building Construction Requires a Class B license and includes non-residential buildings (such as hospitals, government buildings, public schools) and commercial buildings (with the exception of industrial buildings). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415)703-4774. CITY OF SANTA CLARITA LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA SITE NAME: DATE_ SITIO: FECHA: PROJECT NAME: CONTRACT #: Interior / Exterior (circle) CONTRACTOR: CONTRANTE: SUBCONTRACTOR: SUBCONTRATANTE Person Interviewed: Nombre de Persona Entrevistada S/S Number Numero de Seguro Social Position Title: Possion O Titulo del Entrevistado Task Being Performed at Time of This Interview: Clase de Labor Desenpenando al Tiempo de Entrevista Hourly Pay Rate: $ Salario Horario OBSERVATIONS: Site Inspector: Telephone Project Superintendent: Telephone Total number of workers observed on the visit: Type of work observed: Type of workers observed: Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Yes No Explain additional information received from the worker: Interview Conducted by: 0 O J Z O H Q H U) w U) CITY OF SANTA CLARITA July 21, 2000 Mr. John Doe ACME Painting 13414 Labor Street Los Angeles, CA 90605 Dear Mr. Doe: Certified Mail The City of Santa Clarita has identified your firm as the apparent low bidder for Contract #90-225 Portable Contract Moving Services and has scheduled board approval of a contract requiring your compliance with Division 2 Part 7 of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the certified weekly payroll to the LCO. The Labor Code requires, prior to the start of work, that a person qualified to certify documents for your firm attend a review meeting with the awarding body concerning the Labor Code prevailing wage laws. The LCO is formally requesting the appearance of the certifying person for the code review, the submittal of the required weekly certified payroll records or nonperformance reports, and the monthly submittal of employment utilization reports, all identified in the contract general conditions. This request is made pursuant to, and authorized by, California State Labor Code Section 1776(b) (2), which states, "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations" and California Code of Regulations Section 16430 (a) (2). The goal of the LCO is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Santa Clarita's Labor Compliance Officer at (661) 286-4025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA July 27, 2000 Jane Doe o ACME Flooring 8320 Camino Santa Fe Santa Clarita, CA 92121 Dear Ms. Doe: Certified Mail The City of Santa Clarita has awarded your firm a contract requiring your compliance with Part 7, chapter 1 of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the weekly payroll to the City's Labor Compliance Officer. The Labor Code requires, prior to the start of work, that a person qualified to sign and certify for your firm attend a review with the awarding body of the Labor Code prevailing wage laws. The Labor Compliance Officer goal is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Santa Clarita's Labor Compliance Officer at (661) 286-4025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA March 23, 2000 John Doe ACME Construction Co. 3170 Labor Street Vista, CA 92083-8318 Mr. Doe: Certified Mail Certi.fie-c/ a o//s The City of Santa Clarita's Labor Compliance Officer is formally requesting copies of Certified Payroll Records and Monthly Utilization Reports for the modernization of Cubberly, Jones and Fletcher schools. We are requesting the records from the beginning of the project through project completion for your firm and all subcontractors. This request is made pursuant to, and authorized by, California State Labor Code Section 1776 (b) (2) and Section 1776 (g) (3) and the contract general conditions requiring weekly employee payments and weekly certified payroll submittals. Labor Code Section 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations." Labor Code 1776 (g) (3) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated." Please forward all weekly Certified Payroll Records and Monthly Utilization Reports and state approved forms previously provided to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. Respectfully, Harry Corder Labor Compliance Officer Prime Contractor: Project: Original Request: 02/08/00 This Request: 02/08/00 1. Monthly Utilization Forms must be provided for: 2. Apprenticeship Training Agreement (similar to Form DAS 1) must be provided for:. 3. Apprenticeship Training Agreement (similar to Form DAS 7) must be provided for: 4. Training Fund Contributions (Form CAC 2 or equivalent) must be provided for: 5. Public Works Contract Award Information (Form DAS 140) with the name, address and phone number of the training program notified by all project contractors must be provided for: 6. Fringe Benefits Statements must be provided for: 7. Signed certified Payroll report or statement of Non -Performance with original signatures must be provided for: contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package, which must be in the City's Labor Compliance Officer within one week of each weekly Paycheck. In the event there has been no work performed during a given week, the certified payroll record shall be annotated with the words "No Work" for that week. To determine the required hours for apprentices on this project we will need the contractor to Identify all sub -contractors who will perform work in involving less than $30,000 or who will be on the project less than 20 calendar days or both. Either the Public Works Payroll Reporting Form (Form A-1-131) or the City of Santa Clarita reporting form must be used. f CITY OF SANTA CLARITA March 1, 2000 Certified Mail Mr. Doe ACME Construction Co. 115 Market Place, Suite A Los Angeles, CA 92029-1353 Dear Mr. Doe: The City of Santa Clarita's Labor Compliance Officer has formally requested copies of Certified Payroll Records and Monthly Utilization Reports for Bid Project Portable Contract 82 - Phase 2. We have reviewed your submittal and require additional information. This new request is made pursuant to, and authorized by, California State Labor Code Sections 1774, 1775, 1776, 1777.5, 1777.7, 1810, 1813 and 1815. Additionally, the contract general conditions require weekly certified payroll record submittals to the City of Santa Clarita's Labor Compliance Officer and weekly payment of employee wages. Labor Code § 1776 (b) (2) states: "A certified copy of al l payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations." Labor Code § 1776 (g) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred ($100) for each calendar day, or portions thereof, for each worker, until strict compliance is effectuated." Please correct and supply the data requested in the attachments and submit on approved forms to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. Respectfully, Harry Corder Labor Compliance Officer Enc. (2) CITY OF SANTA CLARITA Report of Action for Prevailing Wage Violations Name of Project: Contract Number: County Where Work Is Performed: Date Notice of Completion Filed:_ First Advertised Date: Date of Project Acceptance or Current Percent Complete: Name and Address of Prime Contractor: Project's Scope of Work: Contractors in Violation of the Labor Code and their Scope of Work: Statement of the Issues Identified to the Contractor: Summary of the Audit Investigation: CPR Spread Sheets Labor Code Sections Violated: Summary of Penalty Assessment Justification: Identify Labor Code 1775 and 1813 Penalties Requested with Calculated Totals: Is the Violation Due to Mistake, Inadvertence or is it a Willful Failure to Pay the Correct Wages: Previous Record in Meeting Prevailing Wage Obligations: Identify and Provide All Correspondence: Identify and Provide Any Contractor Response: Recommend Penalty Assessment: eng-civi\labor compliance program.doc COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT PROVISIONS A grantee's and subgrantee's contract packages must also contain the provisions listed here when CDBG funds are used. 1. SUSPENSION AND TERMINATION. This Agreement may be terminated at any time by either party upon giving thirty (30) days written notice. City may immediately terminate this Agreement by verbally (followed by written confirmation) or in writing with or without cause. In such event, Subrecipient will be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have not been previously reimbursed, to the date of said termination to the extent CDBG funds are available. In accordance with 24 CFR 85.43, suspension or termination may occur if the Subrecipient materially fails to comply with any term of the award and the award may be terminated for convenience in accordance with 24 CFR 85.44. 2. CDBG REQUIREMENTS. During the performance of this Agreement, contractor agrees to comply with the following federal provisions: (a) Executive Order 11246 requires that during the performance of this Agreement, contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (b) Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. (c) Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. (d) Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. (e) Contractor must also comply with all regulations of the Americans with Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). (f) Lobbying Certification. Contractor must include the language of this certification in all subcontracts; all Contractors must certify and disclose accordingly. 3. RECORDS AND REPORTS (a) Accounting/Record Keeping. Contractor must establish and maintain on a current basis an adequate accounting system in accordance with generally accepted accounting principles and standards, and 24 CFR Part 85. (b) Reports and Audits. Unless otherwise approved in writing by the project coordinator, Contractor must submit to the City a completed monthly report detailing services activities or services provided with CDBG funds. Contractor must retain and provide the City's representatives access to any books, documents, papers and records of the Contractor for audit or examination at any time for the duration of this agreement and during a period of five (S) after final payments are issued and all other pending matters are closed in accordance with 24 CFR 85.42 (b). 4. AUDITS. Contractor agrees to maintain records as set forth in OMB Circulars A-133, as applicable. The contractors program may be audited in accordance with the City's policy and funding source guidelines. Audits may also be conducted by Federal, or State funding source guidelines. The City or its authorized representatives must have access at all times for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of Contractor. Contractor's staff will cooperate fully with authorized auditors when they conduct audits and examinations of program. If indications of misappropriation or misapplication of the funds of this Agreement cause the City to require a special audit, the cost of the audit will be encumbered and be paid for by Contractor. Contractor must also provide City a copy of its annual financial report or balance statement at the end of its fiscal year. 5. EXPENDITURES. Expenditures made by Contractor in the operation of this Agreement must be in strict compliance and conformity with budget set forth in Exhibit A. Contractor shall further comply with regulations set out in OMB Circulars A-21, A-87, and A-122, as applicable, unless prior written approval for an exception is obtained from City. Separate financial and program records shall be kept for each funding source. 6. DISPUTES AND REMEDIES. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: (a) City and Contractor will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by City or Contractor at any time for the purpose of resolving a dispute. A determination by City's Director of Community Development will be made within two (2) weeks after a meeting to resolve the dispute; (b) If unresolved within thirty (30) days, then City's city manager, or designee, will determine; (c) Following the city manager's final determination, the Parties may submit any unresolved matters to non-binding mediation. The parties may, but are not required to be, represented by counsel in mediation. (d) If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. 7. UNIFORM ADMINISTRATIVE REQUIREMENTS. All parties will adhere to applicable Federal, State and local laws, ordinances, regulations, and directives as they pertain to the performance of this Agreement. This Agreement is subject to and incorporates the terms of the Act; 24 Code of Federal Regulations, Part 570, including without limitation, uniform administrative requirements described in 24 CFR Section 570.502, and program income requirements set forth in Section 570.504 (c), Chapter V; 24 CFR Part 85; U.S. OMB Circular A-102 and A-110, as applicable, as they relate to the acceptance and use of Federal funds under this part and Auditor -Controller Contract Accounting and Administrations Handbook. 8. PATENT RIGHTS. All parties will adhere to awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 24 CFR 85.36 (i)(8) 9. ENERGY EFFICIENCY. All parties will adhere to mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 24 CFR 85.36 (i)(13) Section 3 Clause A. The work performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 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 13S 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 (2S 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 Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). I have read this required information regarding Section 3 requirements, which is evidenced by my signature. Signature of the Contractor Date Contractor's Section 3 Affirmative Action Plan Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the City of Santa Clarita, Los Angeles County, California. 1) Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex, or national origin. 2) Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3) To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City of Santa Clarita, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City of Santa Clarita through use of local advertising media; signs placed at the project site; and notification to community organizations and public or private institutions operating within or serving the project area. 4) Maintain a file of all low income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5) Maintain a file of all business concerns located in the City of Santa Clarita who submitted a bid for work on the project, and the action taken with respect to each bid. 6) Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7) Incorporate the Section 3 Clause provisions in all subcontracts, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8) List project work force needs for the project by occupation, trade, skill level, and number of positions on the attached form, Estimated Project Work Force Breakdown. 9) List information related to subcontracts to be awarded on the attached form Summary of Subcontracts Company Name Street Address Signature Title City, State, ZIP Code Date Contractor's/Subcontractor's Certification for Section 3 Coordinator Please be advised that: hereby appoints (Company Name) (Company Address) (Name of Appointee) of (Present Official Status) (With company) As it's affirmative action officer. He/She has been given the authority to establish, disseminate and enforce the required action steps of Equal Employment and Section 3 clauses of the contract: He/She may be contacted at: (Address) (Telephone Number) Company Name Street Address Signature Title City, State, ZIP Code Date Estimated Project Workforce Breakdown Contractor Name: Owner or Officer Name: Number of Contractor Address Phone Number: Number of. Email: Project Name: Project Number: Number of Total Number of. Number of PositionsPositions Estimated Positions to be Job Category Positions Occupied by not Filled with Occupied Needed for Permanent Section 3 (New Hires This Project Employees Residents Required) Professionals Technicians Office/Clerical Rental/Lease Mgmt. Maintenance workers Other non - building trades workers Building Trades Workers (list trades) �otal The above table represents an accurate estimate of workforce needs for this project and also represents the number of Section 3 residents (public housing or other low-income residents) that the company proposes to employ. Every good faith effort will be made to notify and employ Section 3 residents for the employment opportunities listed above, including contacting the City of Santa Clarita for applicant referrals. Signature of Owner/Officer Title Date Summary of Subcontracts Contractor Name: Dollars Owner or Officer Name: Contractor Address Phone Number: Email: Project Name: Project Number: Construction Contracts: Dollars Total dollar amount of all contracts awarded on the project Total dollar amount of contracts awarded to Section 3 businesses Percentage of the total dollar amount that was awarded to Section 3 businesses Total number of Section 3 businesses receiving contracts Non -Construction Contracts: Total dollar amount of all contracts awarded on the project Total dollar amount of contracts awarded to Section 3 businesses Percentage of the total dollar amount that was awarded to Section 3 businesses Signature of Owner/Officer Title Date General Decision Number: CA160033 01/22/2016 CA33 Superseded General Decision Number: CA20150033 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Los Angeles County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the 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 $10.15 (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 2016. 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 01/08/2016 1 01/15/2016 2 01/22/2016 ASBE0005-002 07/01/2015 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 36.74 19.49 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 25.38 16.81 ASBE0005-004 06/29/2015 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes Page 1 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 2 of 26 preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.06 10.57 BOIL0092-003 10/01/2012 Rates Fringes BOILERMAKER ......................$ 41.17 28.27 ----------------------------------------------------------- * BRCA0004-007 05/01/2015 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 37.93 14.50 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate --------------------------------------------------------------- BRCA0018-004 06/01/2014 Rates Fringes MARBLE FINISHER ..................$ 28.45 11.38 TILE FINISHER ....................$ 23.78 9.84 TILE LAYER .......................$ ---------------------------------------------------------------- 35.14 14.33 BRCA0018-010 09/01/2013 Rates Fringes TERRAZZO FINISHER ................$ 26.59 10.34 TERRAZZO WORKER/SETTER ........... $ 33.63 11.13 ---------------------------------------------------------------- CARP0409-001 07/01/2010 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 37.35 11.08 (2) Millwright ..............$ 37.85 11.08 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 11.08 (4) Pneumatic Nailer, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Power Stapler ...............$ 37.60 11.08 (5) Sawfiler...............$ 37.44 11.08 (6) Scaffold Builder ....... $ 28.55 11.08 (7) Table Power Saw 331.84 9.82 Operator ....................$ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet .....................$ 663.68 9.82 (2) Standby .................$ 331.84 9.82 (3) Tender ..................$ 323.84 9.82 (4) Assistant Tender ........ $ 299.84 9.82 Amounts in "Rates' column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 11.08 STOCKER/SCRAPPER ............ $ 10.00 6.67 ---------------------------------------------------------------- CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer ...... $ 17.00 7.41 ---------------------------------------------------------------- ELEC0011-004 07/27/2015 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) Journeyman Electrician ...... $ 40.80 26.59 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician .................$ 40.80 26.59 Technician ..................$ 30.00 26.07 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 Page 3 of 26 2/4/2016 Page 4 of 26 SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals,including electrical circuitry, programmable controllers, pedestal -mounted electrical meter enclosures and laying of pre -assembled multi -conductor cable in ducts, layout of electrical systems and communication installation, including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical,telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/data. * ELECO011-005 05/26/2014 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 28.30 12.43 Technician ..................$ 30.10 12.48 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 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 5 of 26 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 CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms -Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 06/01/2015 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 52.85 15.53 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 42.21 14.32 (3) Groundman...............$ 32.28 14.03 (4) Powderman...............$ 47.19 14.60 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 01/01/2015 Rates Fringes ELEVATOR MECHANIC ................$ 49.90 28.38 FOOTNOTE: http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 6 of 26 PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/06/2015 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 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 (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 41.30 23.35 GROUP 2 ....................$ 42.08 23.35 GROUP 3 ....................$ 42.37 23.35 GROUP 4 ....................$ 42.51 23.35 GROUP 5 ....................$ 42.73 23.35 GROUP 6 ....................$ 42.84 23.35 GROUP 7 ....................$ 42.96 23.35 GROUP 8 ....................$ 43.13 23.35 GROUP 9 ....................$ 43.30 23.35 GROUP 10 ....................$ 44.30 23.35 GROUP 11 ....................$ 45.30 23.35 GROUP 12 ....................$ 46.30 23.35 GROUP 13 ....................$ 47.30 23.35 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 41.80 23.35 GROUP 2 ....................$ 42.58 23.35 GROUP 3 ....................$ 42.87 23.35 GROUP 4 ....................$ 43.01 23.35 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 7 of 26 GROUP 5 ....................$ 43.23 23.35 GROUP 6 ....................$ 43.34 23.35 GROUP 7 ....................$ 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; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 8 of 26 GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); 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- http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 9 of 26 propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types -Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); http://www.wdol.gov/wdol/scafiiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 10 of 26 Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 11 of 26 operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating -equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 12 of 26 (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; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 13 of 26 GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) Page 14 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 15 of 26 (1) Leverman................$ 49.50 23.60 (2) Dredge dozer ............ $ 43.53 23.60 (3) Deckmate................$ 43.42 23.60 (4) Winch operator (stern 38.82 16.78 winch on dredge) ............ $ 42.87 23.60 (5) Fireman -Oiler, LABORER Deckhand, Bargeman, GROUP Leveehand...................$ 42.33 23.60 (6) Barge Mate ..............$ 42.94 23.60 ---------------------------------------------------------------- IRON0377-002 07/01/2015 Rates Fringes Ironworkers: Fence Erector ...............$ 27.08 20.21 Ornamental, Reinforcing and Structural ..............$ 33.50 28.85 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine 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 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ------------------------------------------ LAB00300-001 07/01/2014 Rates Fringes Brick Tender .....................$ 29.12 15.78 --------------------------------------------------------- LAB00300-003 08/01/2015 Rates Fringes LABORER (TUNNEL) GROUP 1 .....................$ 37.04 16.78 GROUP 2 .....................$ 37.36 16.78 GROUP 3 .....................$ 38.82 16.78 GROUP 4.....................$ 38.51 16.78 LABORER GROUP 1 .....................$ 31.39 16.78 GROUP 2 .....................$ 31.94 16.78 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 16 of 26 GROUP 3 .....................$ 32.49 16.78 GROUP 4 .....................$ 34.04 16.78 GROUP 5 .....................$ 34.39 16.78 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, 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 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 17 of 26 chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (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 ---------------------------------------------------------------- LAB00300-005 01/01/2014 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 18 of 26 Rates Fringes Asbestos Removal Laborer ......... $ 28.00 15.25 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 07/01/2014 Rates LABORER (GUNITE) GROUP 1 .....................$ 34.79 GROUP 2 .....................$ 33.84 GROUP 3 .....................$ 30.30 Fringes 17.92 17.92 17.92 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 ------------------------------------------------------------ LABO1184-001 08/01/2015 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 32.60 12.16 (2) Vehicle Operator/Hauler.$ 32.77 12.16 (3) Horizontal Directional Drill Operator ..............$ 34.62 12.16 (4) Electronic Tracking Locator .....................$ 36.62 12.16 Laborers: (STRIPING/SLURRY http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 19 of 26 SEAL) GROUP 1 .....................$ 33.76 15.04 GROUP 2 .....................$ 35.06 15.04 GROUP 3 .....................$ 37.07 15.04 GROUP 4 .....................$ 38.81 15.04 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control 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 08/05/2015 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 30.16 17.11 PLASTER TENDER ..............$ 32.71 17.11 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2015 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 27.29 12.83 (2) All Other Work .......... $ 30.72 12.83 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 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. ---------------------------------------------------------------- PAIN0036-006 10/01/2014 Rates DRYWALL FINISHER/TAPER Antelope Valley North of the following Boundary: Kern County Line to Hwy. #5, South on Hwy. #5 to Hwy. N2, East on N2 to Palmdale Blvd., to Hwy. #14, South to Hwy. #18, East to Hwy. #395...........$ 32.11 Remainder of Los Angeles County ......................$ 35.18 PAIN0036-015 06/01/2015 Rates GLAZIER ..........................$ 40.70 Fringes 15.91 15.91 ----------------- Fringes 20.92 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up -------------------------- PAIN1247-002 01/01/2016 Rates Fringes SOFT FLOOR LAYER .................$ 29.85 14.01 ---------------------------------------------------------------- PLAS0200-009 08/05/2015 Rates Fringes PLASTERER ........................$ 38.44 13.77 ---------------------------------------------------------------- PLAS0500-002 07/01/2015 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 32.30 20.65 ---------------------------------------------------------------- PLUM0016-001 07/01/2015 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter Page 20 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 21 of 26 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 .......................$ 45.96 20.71 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 44.54 19.73 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 35.16 18.06 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 08/01/2014 Rates Fringes ROOFER ...........................$ 35.02 13.57 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ------------------------------------------------------------ SFCA0669-013 07/01/2013 DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 34.19 19.37 ---------------------------------------------------------------- SFCA0709-005 01/01/2015 THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 22 of 26 Rates Fringes SPRINKLER FITTER (Fire) .......... $ 40.46 24.17 ---------------------------------------------------------------- SHEE0105-002 01/01/2016 LOS ANGELES (South of a straight line between gorman and Big Pines including Catalina Island) Rates Fringes SHEET METAL WORKER (1) Light Commercial: Work on general sheet metal and heating and AC up to 4000 sq ft .......................$ 24.76 9.51 (2) Modernization : Excluding New Construction - Under 5000 sq. ft. Does not include modification, upgrades, energy management, or conservation improvements of central heating and AC equpment....................$ 41.26 25.38 --------------------------------------------------------- SHEE0105-003 01/01/2016 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 Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 41.26 25.38 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... $ 41.26 25.38 ---------------------------------------------------------------- * SHEE0105-004 01/01/2016 KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 23 of 26 SHEET METAL WORKER ...............$ 31.53 25.24 ------------------------------------------------------------ TEAM0011-002 07/01/2015 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, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 28.24 25.24 GROUP 2 ....................$ 28.39 25.24 GROUP 3 ....................$ 28.52 25.24 GROUP 4 ....................$ 28.71 25.24 GROUP 5 ....................$ 28.74 25.24 GROUP 6 ....................$ 28.77 25.24 GROUP 7 ....................$ 29.02 25.24 GROUP 8 ....................$ 29.27 25.24 GROUP 9 ....................$ 29.47 25.24 GROUP 10 ....................$ 29.77 25.24 GROUP 11 ....................$ 30.27 25.24 GROUP 12 ....................$ 30.70 25.24 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, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; 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 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 24 of 26 GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 25 of 26 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 January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 Page 26 of 26 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 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 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=2 2/4/2016 SECTION C: PROPOSAL For Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 TO THE CITY OF SANTA CLARITA, AS AGENCY. In accordance with AGENCY'S NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. BIDDER agrees that the price bid for the project shall include all costs covering the performance of work including the furnishing of labor, materials, tools, and equipment. BIDDER further agrees that the cost of work necessary for the completion of a particular Bid Schedule item has been included in the price bid for that item unless the work is specifically included in another item; and if there is no bid item for a particular item of work, full compensation for such work shall be considered as included in the price bid for other items of work. Company Name: F <11 Company Company Address: N 161?) Dk<t_t\Soe- S �- - By: j Prin Name Title: Signature: Date: C-1 BID SCHEDULE Fiscal Year 2015-2015 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 ITEM NO. . DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $1 Qr voo $ 1 D© D© 2 Traffic Control 1 LS $ 12 Wo $ (7. 000 3 Implementation of Best Management Practices 1 LS $ P COO $ JQ 1?0 4 Removal of 4" Portland Cement Concrete Sidewalk 2,500 SF $ 2- 00 $ 000 5 Removal and Replacement of 4" Portland Cement Concrete Sidewalk 79,442 SF $ �, � $ t� Z S fl�('y "1 6 Removal and Replacement of 4" Residential 10,148 SF $6-50 $ (' 6Z - 00 65 Driveway Approach ! 7 Removal and Replacement of 6" Commercial 378 SF $ j Q $ 3-700 Driveway Approach B Removal and Replacement of 6" Portland Cement 311 LF $ 3 5 $ Concrete Curb & Gutter 9 Removal and Replacement of 8" Portland Cement 2,072 LF $ 3j $ Concrete Curb & Gutter tSZC� Removal and Replacement of Asphalt Pavement 10 Section for Curb & Gutter and Cross Gutter 5,381 SF $ u �� I $ Zr, Z "t `� Locations 11 Removal of 4" PCC Sidewalk/Curb & Gutter and 74 EA $ Z ,gypO $ .14- 6W Construction of PCC Curb Ramp 1 12 Removal and Replacement of PCC Spandrels and 19,067 SF $ $ Cross Gutter t' 't'�' TOTAL BID: $ Total Bid in Words: C-2 Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 DESIGNATION OF SUBCONTRACTORS Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of 112 of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. DBE status, age of firm and annual gross receipts are required if sub contractor is participating as a DBE. Subcontractor DBE STATUS: Dollar Value of Work Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work j License No. Exp. Date: I l Phone } 2 Subcontractor DBE STATUS: Dollar Value of Work j Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business i Bid Schedule Item No's: Description ork I License No. Exp ate: i I Phone( } 0 Subcontractor I DBE STATUS: Dollar Value of Work Age of firm: Certifying Agency: Annual Gross Receipts: Location and Plac f Business Bid Sched Item No's: Description of Work Lic se No. Exp. Date: / ! Phone ( J Notes: 1. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. it is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. 2. Bidders shall fill out the Subcontractor's List in its entirety. The total dollar value of work to be performed by Subcontractors shall be in conformance with Section 2-3 "Subcontracts" of General Provisions in these contract documents. (Use Additional Sheets if Necessary) C-3 Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 REFERENCES The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past three (3) years: and Telephone Number of Person F of 2. Ls t7 v (—V Name and Address 6f Owner / Agency C Z-0 M yc c ko S:yv ocs l71q) ZZ"( - t=11 Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 3. C ier / Agency r — CAI n-1— with —1`"with Pr M M The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: Pte_ ci recd tnA&�ck _ V(/v SV Lez, P aen\e s, cfl' eco z6 rL car o, Contractor's Name C-4 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The bidder under penalty of perjury certified that, except as noted below; he/she or any person associated therewith in the capacity of owner, partner, director, office manager: is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidders' responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and dates of action. NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. C-5 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 * * * (Must be filled out by the Bidder and ALL subcontractors over $10,000) * * * This bidder F-!� (�WCA6' 1M,1 p" roposed subcontractor , hereby certifies that he hasyf,, has not , participated in a previous contract or subcontract subject to the equal opport4nity clause, as required by Executive Orders 10925.11114, or 11246, and that he has , has not //, filed with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. Company: F -S c5 iygC oGk�Kst lv c . By: Title: Date: 3-0-1— Note: —a-1— Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Note: This form must be received by the AGENCY from all subcontractors no later than 4:00 PM on the 4`h business day after the bid opening. Prime contractor is to submit certificate at bid opening. C-6 BIDDER'S INFORMATION AND CERTIFICATION Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. Bidder's Name: 'i�J Business Address: ' AX ueiSDe SV �.r.,%1� Telephone No.: ( 1?m�) 6t>c�0 State CONTRACTOR's License No. & Class: 1001:1�9 j Q N C_ -gam Original Date: -1 M 1 l_$ Expiration Date:1 sii I - The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, jai`i t venturers, and/or corporate officers having a principal interest in this proposal: Cekxk v Z17LA© C coS,s ' Pt1d2 (os \A C > ( )a!,5--03gS The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venture are as follows: N IN C-7 All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: FS S UCi I 1 IN WITNESS WHEREOF, BIDDER executes and submits thipropposal with the names, title, hands, and seals of all aforementioned principals this day of and¢0 l (, BIDDER: Signb(ture Name and Title of (', ,Pl r&, _' -PYe—S i W. ry f -S ( �\�C�S S � 4:1-v Legal Name of Bidder CP, ck Address Telephone Number Federal Tax I.D. No. SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED Subscribed and sworn to this Notary Pu day of , 20_. C-8 (SEAL) ACKNOWLEDGMENT A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo pia County of , before me, �e� ,rk & 'V Ltl On e� � (insert name and title of the officer) personally appeared _ 11 (%Q who proved to me on the basis of satisf tory avlldence to be the pens ( is whose nam4/ere" subscribed t the within instrument and acknowledged to a that he/shgW executed the same in his/h . lr authorized capacityoo< and that by his r/fir signature n the instrument the l, , personor the entity upon behalf which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CARMEN GUEVARA WITNESS my hand and official seal Commission # 1997674 a �+� Notary Public - California z Z Los Angeles County } My Comm. rxpires Nov 17, 2016 Signat (Seal) BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *cert ie /rash'er's check payable to the order of the City of Santa Clarita for: 10"A - V 40 of, dollars ($ ), this amount being not less than ten percent 10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 Bidder's Siddature 0 Cavl�c�. �, -_�-v.c. CONTRACTOR Address _ SV �C 0 cid City, State, Zip Code Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. C-9 PROPOSAL GUARANTEE BID BOND Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 KNOW ALL MEN BY THESE PRESENTS that F S Contractors, Inc. as BIDDER, and RLI Insurance Company as , are e d and firmly bound unto the City of Santa Clanta, as AGENCY, in the penal sum of Ten Perceot of the Total A i dollars which is ten percent o the totalamount i to Y for the above -stated p project, for the payment of Mich sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this 2nd day of March 2016, ,nnr o.....:., n7 09100 iao4) 412-5793 Los Angeles, CA 90026 (323) 663-7814 Subscribed and sworn to this day of NOTARY PUBLIC 20 "Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On MAR a9 2016 before me, Elisabete Salazar, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patricia Zenizo Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(;) is/aN6 subscribed to the within instrument and acknowledged to me that Wshe/trydy executed the same in ft/her/riibrir authorized capacityups), and that by t*/her/tJ?gar signature(p) on the instrument the person(V), or the entity upon behalf of which the person(s) acted, executed the instrument. kb ELISABETE SAdw&LAZAR Commission # 2122207 Notary Public - California Z Los Angeles County s M Comm. Ex ires A99 4. 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature gnatur a of No6y Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C1 Corporate Officer — Title(s): 11 Partner — i::::. Limited U General Individual K, Attorney in Fact 1.'l Trustee [^ Guardian or Conservator I Other: Signer Is Representing: Signer's Name: i l Corporate Officer — Title(s): Partner — I*] Limited ❑ General 7 Individual ❑ Attorney in Fact D Trustee C Guardian or Conservator IOther. --- ---- ---- Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Aw OF _%w L ,. MRL! CanpM� 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: (800)645-2402 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Patricia Zenizo, Margaret Rodriguez. Pietro Micciche, Elisabete Salazar, Margarita Lopez, iointly or severally in the City of Los Angeles , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this bth day of December, 2015. RLI Insurance Company Contractors Bonding and In Company SEAL; SEAL State of Illinois l ' ` -., ' ., Barton W. Davis Vice President �LLINO •�"'s, .ut-res,. ai•. �t.��+�"' County of Peoria SS CERTIFICATE On this 16th day of December 1 2015 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation, M. "OFFICIAL SEAL" JACQUELINE W BOCKLER COMMISSION EXPIRES 01114/18 I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/orSontractors Ban i g and Insurance Company this day of ..{% NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 To the CITY OF SANTA CLARITA: In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDERS CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. C-11 NON -COLLUSION AFFIDAVIT Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )) § ()" being first duly sworn deposes and says that he is the rte (sole owner, a partner, president, etc.) of the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business. Signed: ' Title PTR-si Subscribed and sworn to and before me this day of , 20—. Seal of Notary C-12 �G S • is A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CalMaCounty of — On before me, ,: MJ (insert name- and title of the officer) personally appeared who proved to me on the basis of satisfy ory evidence to be the persoriparn'hose nam�{sjTsfarc subscri ed to the within instrument and acknowledged to me that helsfy executed the same in his r/tj�fii'authorized capacity(i ,and that by his/�irlftzetl` signatur%s}-on the instrument the per son{! or the entity upon behaEf of which the person{s� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CARMEN WEVARA { _ Commission # 1997674 < Notary Public - California 1 . Los Angeles County N1y Comm.Expires Nov 17. 2016 y (Seal) N C) cva��� e� BIDDER'S QUESTIONNAIRE Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 If the bidder has answered the questionnaire within the past year and there are no significant changes in the information requested, then the bidder need not file a new questionnaire. If there are changes, indicate those changes. Should the space provided not be adequate, so indicate and complete information on a separate page(s) and attach hereto. 1. Submitted by: Principal Office Address: 2. Type of Firm: Corporate:, Individual: Partnership: 3a. If a Corporation, answer these questions: Date of Incorporation: President's Name: Vice -President's Name: Secretary or Clerk's Name: Treasurer's Name: Telephone: Other: State of Incorporation: 3b. If a partnership, answer these questions: Date of organization: State Organized in: Name of all partners holding more than a 10% interest: 4. Designate which are General or Managing Partners. Name of person holding CONTRACTOR's license: License number: — Class: Expiration Date: C-13 IVO C1w,��ges BIDDER'S QUESTIONNAIRE (cont'd) Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG -15-16-M0110 5. CONTRACTOR's Representative: Title: Alternate: Title: 6. List the major construction projects your organization has in progress as of this date: Owner: (A) Project Location: Type of Project: C-14 CERTIFICATION OF NON -SEGREGATED FACILITIES Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The CONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The CONTRACTOR agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. �-S cny,�cacA-Ofs ,nuc CONTRACTOR Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor — 32 F.R. 7439, May 19, 1967 (F.R. Vol. 33, No. 33 — Friday, February 16, 1968 — p. 3065). C-15 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0110 and T0047 Bid No. ENG-15-16-MO110 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. C-16 DISCLOSURE OF LOBBYING ACTIVITIES C;UMFLh rL l HIS FUxM'1'U 1. /Type of Federal Action: a. contract b, grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance JISULUSL LUBU Y1NU AC 11 V II I 2. Status of Federal Action: ❑ a. bid/offerlapplication b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6, Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, Mi) 11 12. 14. I WMA 3. Report Type: a. initial b, material change For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable _ 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 1 Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check ail that apply) $ actual O planned a. retainer b. one-time fee Form of Payment (check all that apply): C. commission 8 a. cash d, contingent fee b. in-kind; specify: nature a deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes 1:1 No 16. Information requested through this form is authorized by Title f 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: w was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 Print Name: 11' 5 `' U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title; person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than St00,000 for each such failure. �r,� Telephone No.: v,,,3 ate: J Use Standard Fmm LLL Rev. U9-12-97 C-17 Authorized for Local Reproduction Standard Form - LLL ADDENDUM NO. 1 Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0010 and T0047 Bid No. ENG-15-16-MO110 City of Santa Clarita, California Date: 3/1/16 This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents, as noted below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these changes, deletions, and additions. CHANGES TO CONTRACT DOCUMENTS AND SPECIAL PROVISIONS LAPPENDIX C — Federal Prevailing Wage Rates Add Appendix "C" with the attached wage rates dated 2/29/16. ATTACHMENTS Appendix C — Federal Prevailing Wage Rates, dated 2/29/16. PROPOSER QUESTIONS: The following are CITY'S answers to questions submitted by prospective proposers: Question: Is there a DBE goal for the above referenced project? Answer: There is no DBE goal for this project, however, it is a CDBG funded project and is required to meet all Section 3 requirements. Question: Are detectable warnings required for curb ramps? Answer: Truncated dome detectable warnings are required for all curb ramps installed. Please see Bid Item No. 1 I in Section F: General Provisions for the requirements for installation of curb ramps, including truncated domes. ADDENDUM NO. 1 Fiscal Year 2015-2016 Annual Concrete Rehabilitation Program (Citywide) City Projects M0010 and T0047 Bid No. ENG-15-16-MO110 City of Santa Clarita, California Date: 3/1/16 Ro ert G. Newman Director of Public Works City of Santa Clarita This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents, as noted below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these changes, deletions, and additions. BIDDER'S CERTIFICATION I acknowledge receipt of this Addendum No. 1 and accept the aforementioned. -3 - OZ . 2016 • Q ---a A (`" Date Si tore _ THIS PAGE OF THE DOCUMENT TO BE SUBMITTED WITH PROPOSAL Section 3 Clause A. The work performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 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. 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 13S 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 (2S U.S.C. 4SOe) 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 Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). I have read this required information regarding Section 3 requirements, which is evidenced by my signature. 7 SignAiure of the ' contractor 3--07--14 Date Contractor's Section 3 Affirmative Action Plan Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the City of Santa Clarita, Los Angeles County, California. 1) Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex, or national origin. 2) Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3) To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City of Santa Clarita, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City of Santa Clarita through use of local advertising media; signs placed at the project site; and notification to community organizations and public or private institutions operating within or serving the project area. 4) Maintain a file of all low income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5) Maintain a file of all business concerns located in the City of Santa Clarita who submitted a bid for work on the project, and the action taken with respect to each bid. 6) Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7) Incorporate the Section 3 Clause provisions in all subcontracts, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8) List project work force needs for the project by occupation, trade, skill level, and number of positions on the attached form, Estimated Project Work Force Breakdown. 9) List information related to subcontracts to be awarded on the attached form Summary of Subcontracts Company Name Sign ure -ts� Title 19 Q.� Y�1C?c�s�� Street Address -Su\VO,Qkr i C.+P-, 1CXkZAZ- - City, State, ZIP Cade Date 3-0-7-//