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HomeMy WebLinkAbout2016-12-13 - AGENDA REPORTS - FAIR OAKS PARK PROJ P3021 (2)0 Agenda Item• 7 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: fAl DATE: December 13, 2016 SUBJECT: FAIR OAKS PARK IMPROVEMENTS PROJECT P3021 DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for Fair Oaks Park Improvements Project P3021. 2. Award the construction contract to Leonida Builders, hie. in the amount of $194,614, and authorize a contingency in the amount of $38,923, for a total contract amount not to exceed $233,537. 3. Appropriate $77,217 from LMD Zone T65A to account P3021357-5161.001 for the installation of two new shade structures. 4. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND Fair Oaks Park was annexed into the City of Santa Clarita in 2012 as part of the Fair Oaks Ranch Annexation. Amenities currently available at this five -acre neighborhood park include a large turf area, two (2) tot -lots with play equipment, basketball and volleyball courts, a restroom, picnic facilities including tables, benches, barbecues, lighting, and a walking path around the perimeter of the park. Upon assuming maintenance of the park, staff partnered with the surrounding community to identify and complete a number of additional quality of life improvements. Subsequently, staff returned to the Fair Oaks Ranch HOA Board (Board) this past spring, and again on September 8, 2016, to discuss additional park improvements proposed as part of this project. The Board and homeowners in attendance enthusiastically expressed their approval to pursue improvements that Page 1 Packet Pg. 32 include the following: • Removal and replacement of the decomposed granite walking path with a six foot wide concrete path • Refurbishment of existing volleyball court and the addition of a second court • Installation of LED lighting to replace existing lighting fixtures • Installation of a second picnic table and gazebo to match the existing In addition to the items listed above, the HOA also supported the installation of shade structures over the play equipment, which staff will also incorporate into these proposed park improvements. hi an effort to take advantage of economies of scale, the installation of these additional shade structures at Fair Oaks Park will be completed as part of a separate project during calendar year 2017. Bid Number ENG -16-17-P3021 for the construction of the remaining items on the list of proposed improvements was published and circulated via the PlanetBids system on October 21, 2016 and was also noticed on the City of Santa Clarita website. As a result of this process, fourteen bids were submitted to the City and opened by Purchasing on November 10, 2016. The top five bid results are shown in the table below. Leonida Builders was determined to be the lowest responsive bidder. This contractor possesses a valid State Contractor's License and is in good standing with the Contractor State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. This project is a Capital Improvement Project, and therefore the Santa Clarita Municipal Code (S.C.M.C.) § 3.12.205 "Support of Santa Clarita Businesses" states that the lowest bid or quote submitted by a Santa Clarita business that is within 10% of the lowest bid or quote may be deemed to be the lowest bidder. However, the Santa Clarita business noted in the top five bid results, RC Becker & Son, does not meet these requirements. Thus, staff recommends a contract be awarded to Leonida Builders. ALTERNATIVE ACTION Other action as approved by the City Council. 0 Page 2 Packet Pg. 33 Company Location Base Bid Amount 1. Leonida Builders Glendora, CA $194,614 2. Draper Const. Moorpark, CA $211,860 3. RE Shultz Const. Orange, CA $221,890 4. RC Becker & Son Santa Clarita, CA $227,475 5. STL Landscape Los Angeles, CA $249,191 Leonida Builders was determined to be the lowest responsive bidder. This contractor possesses a valid State Contractor's License and is in good standing with the Contractor State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. This project is a Capital Improvement Project, and therefore the Santa Clarita Municipal Code (S.C.M.C.) § 3.12.205 "Support of Santa Clarita Businesses" states that the lowest bid or quote submitted by a Santa Clarita business that is within 10% of the lowest bid or quote may be deemed to be the lowest bidder. However, the Santa Clarita business noted in the top five bid results, RC Becker & Son, does not meet these requirements. Thus, staff recommends a contract be awarded to Leonida Builders. ALTERNATIVE ACTION Other action as approved by the City Council. 0 Page 2 Packet Pg. 33 0 FISCAL IMPACT There is no impact to the General Fund. As part of the Fiscal Year 2016-2017 budget, the Fair Oaks Park Site Upgrades project P3021 was approved and funds from Landscape Maintenance District Zone T65A in the amount of $385,020 were appropriated. Upon the approval of the recommended actions, sufficient funds will be available to cover the total project costs of $462,237. ATTACHMENTS ENG 16-17-3021 Leonida Builders Inc Bid Response (available in City Clerk's Reading File) ENG -16-17-P3021 Plans (available in the City Clerk's Reading File) ENG -16-17-P3021 Specifications (available in the City Clerk's Reading File) Page 3 Packet Pg. 34 SECTION C - Bid Proposal FAIR OAKS PARK IMPROVEMENT BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA THE CITY OF SANTA CLARITA, AS AGENCY: In accordance with AGENCY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to famish 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 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. Company Name: Company Address: Leonida Builders Inc. 1822A East Route 66 #401 Glendora, CA 91740 ,. ```t t t h 1 t t t t r L _•_ h By: Panagiotis Leonida Print Name ��'•1E• ^ `•. jr^V Title: President a� CCC J Signature: eir •. L ti r Date: Nov. 8, 2016 lr� (;.•,.....••' �. +rl.r t.,t tt X11 4 Bid Proposal October 2016 Fair Oaks Park Improvements Project, P3021 Page C- 1 FAIR OAKS PARK IMPROVEMENTS BID # ENG -16.17 P3021 Project No, P3021 Santa Clardta. CA Mem No. . tem plasartotion Cft BldPrloa GENERAL 1 MobR ordDemobllization Bonds and insurance LS 10,800 1 11 103800 Tempora y Construction; BMPS/Rocycl(ngAemp 2 (endranamcorw access rmn L8 500 1 500 S DEMOLITION AND SITE PREPARATION Removal & Disposal of decomposed granite path, 4- 3 thick, and header boards CY 50 212 10,600 4 Removal & Disposal of irrigation lateral lines and rotors fa 1court LF 6 205 1,230 b Treeremoval4'Pinea EA 1000 3 300 e ExcaVallen ami removal of soli, volley ball area and access nath CY 35 ago 13,650 7 Excavation & removal of existing volleV ball sand CV 50 125 6,400 9 Removal & Disposal of existing volley ball court pco curb LF 20 Ila 3,560 Excavate and Backfill excavated son to existing volley 50 3,650 9 bell ooud CY 73 10 Clearing & Grubbing (light), volleyball court perimeter area SF 5 1424 7,120 $AND VOLLEY BALL COURT 1/ ars etYol Ametararea &F .50 28250 14,125 12 Volleyball perimeter walk, 48" Wide, thickened edge detail -- . SF 6 1424 8,544 13 Performad drainage pipe at volleyball court LF 10 232 S 2,320 Non perforated drainage pipe; connect to existing 40 3,200 13a system LF so u 1 Sana 1811.20 depth; CY 1 5 as $ 23330 14a 1 B` ravel la CY 15 133 1,995 IS LandwepRFabric SF 1 7800 S 7,600 18 Metat iao9 not, boundaaes EA 1000 2 2,000 PAVED PATH 17 COMFate PavkO 6 9300 55 800 PLANTING IB SoB Pre raBoMame_nOment SF .50 58250 14,125 t9. Turf Seedna SF 50 28250 14,125 IRRIGATION 20 Late" LF 10 584 S 5,940 21 R rs EA 100 12 S 1,200 22 5 EA 100 9 5 800 TOTAL BID SCHEDULE IN FIGURES: f 194,614.00 TOTAL BID SCHEDULE IN WORDS One hundred ninety-four thousand six hundred fourteen dollars DESIGNATION OF SUBCONTRACTORS FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No, P3021 Santa Clarita, CA 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 %. 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. DBE IS NOT REQUIRED ON THIS PROJECT. Subcontractor new Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work Dollar Value of Work Annual Gross Receipts: License No. Exp. Date: ! / Phone( ) Subcontractor Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Dollar Value of Work Annual Gross Receipts: Bid Schedule item Nos: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor Age of firm: DBE STATUS: Cenifvin Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 4 DESIGNATION OF SUBCONTRACTORS FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA 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 %: of I percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of fine and annual gross receipts are required if sub contractor is participating as a DBE. DBE IS NOT REQUIRED ON THIS PROJECT, Subcontractor Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Description of Work License No. Bid Schedule Item Nos: Description of Work License No. Exp. Date: Phone( ) Subcontractor Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Description of Work License No. Bid Schedule Item Nos: Description of Work License No. Exp. Date: / Phone( ) Subcontractor DBE STATUS: Age of firm: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone ( ) Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 5 FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past 3 years including the pavers installation experience with similar scope and amount: City of Banning- 99 E. Ramsey St., Banning, CA 92220 and Address of Owner / Agency Art Vela (951)922-3130 Name and Telephone Number of Person Familiar with Project $368,000 ADA Upgrades at Lions Park April 2016 Contract Amount Type of Work Date Completed 2 City of Moreno Valley- 14177 Frederick St., Moreno Valley, CA 92553 Name and Address of Owner / Agency Margery Lazarus (951)413-3133 Name and Telephone Number of Person Familiar with Project $239,500 Sidewalk Improvements May 2016 Contract Amount Type of Work Date Completed 3 Etiwanda School District- 6061 East Ave., Etiwanda, CA 91739 Name and Address of Owner I Agency Doug Claflin(909)899-2451 Name and Telephone Number of Person Familiar with Project $220,000 Concrete Improvements July 2016 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: Surety: Allegheny Casualty Company, 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806 (714)602-9170 Karen Eby, Diamond Valley Insurance Services, 41856 Ivy St., Suite 204, Murrieta, CA 92562 (951_252-9023 Leonida Builders Inc. Contractors Name Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 6 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 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 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. None 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. None 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page G 7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION FAIR OAKS PARK IMPROVEMENTS BID 4 ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA This bidder Leonida Builders Inc. proposed subcontractor n/a , hereby certifies that he has X 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 X 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: Leonida Builders Inc. By: Panagiotis Leonida Title: President Date: Nov. 8, 2016 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 8 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: Leonida Builders Inc. Business Address: 1822A East Route 66 #401, Glendora, CA 91740 Telephone No.: (951)532-7717 State CONTRACTOR's License No. & Class: 896772/A, B, & C-8 Original Date: 5/18/2007 Expiration Date: 5/31/2017 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: Panagiotis Leonida, President, Secretary, and Treasurer- 15821 Live Oak Springs Canyon Rd., Santa Clarita, CA 91387 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 orjoint venture are as follows: None Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 9 All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: None IN WITNESS WHEREOF, BIDDER executes and seals of all aforementioned principals this "1t77D:71 Signature its this proposal with the names, title, hands, and of 20_. Panagiotis Leoni6a, President Name and Title of Signatory Leonida Builders Inc. Legal Name of Bidder 1822A East Route 66 #401, Glendora, CA 91740 (951)532-7717 Telephone Number 64-0958830 Federal Tax I.D. No. SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED Subscribed and swom to this 0D(14 day of 20rh�• Notary Public v�-.�,--� (SEAL) RAVINDER PAL SINGH Commission # 2116617 OxComm.Eipres Notary Public - California z zLos Angeles County M Jul 6, 2019 Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 10 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 *c4ertifiedleashier's check payable to the order of the City of Santa Clarita for: fltne1t.rA ��i &nA J644A rut AbNvra NyAndollars ($ ltl.tlV1.40), 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 famish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. FAIR OAKS PARK IMPROVEMENTS Bid No. ENG -16-17 P3021 Project No. P3021 Bidder's Leonida Builders Inc. CONTRACTOR 1822A East Route 66 #401 Address Glendora, CA 91740 City, State, Zip Code * Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following forth shall be executed. The stun of this bond shall be not less than ten percent (10%) of the total amount of the bid. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- I1 PROPOSAL GUARANTEE BID BOND FAIR OAKS PARK IMPROVEMENTS BID # ENGI6r17 P3021 Project No. P3021 Santa Clarita, CA KNOW ALL MEN BY THESE. PRESENTS that Leonida Builders, Inc. as BIDDER, and Allegheny Casualty Company as SURETY, are held and fimtly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of Ten Percent Amount of Bid dollars 6 10% L which is ten percent (10%) of the total amount bid by BIDDER to AGENCY 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. t;; t i IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this 2nd day of November ,20 16 Leonida atM lers. Inc. lP, 0f, it t,', Timothy C. Baker, Attorney -in -Fact Subscribed and sworn to this day of NOTARY PUBLIC ATTACHED 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 12 .4 lP, 0f, it t,', Timothy C. Baker, Attorney -in -Fact Subscribed and sworn to this day of NOTARY PUBLIC ATTACHED 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 12 To 624=7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Now Jarsev, having their principal office in the City of Newark. New -Jersey, de hereby eonstiWte and appoint MELOQY L. SPAUR, TIMOTHY C. BAKER, KAREN A. EBY Murrieta, CA. their true and lawful sttomay(s}in-.inexecute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wdlings obligatory in the nature thereof, which are or maybe allowed, required or permitted by law, statute rule, re ulafion contractor otherwise. and the execution of such Instrumenlfs} In pursuance of these presents, shall be as binding upon the said IN�'ERNATIONAL MDEUTY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their ryegularly elected officers at their principal offices, y ty y COMPANY and ALLEGHENY CASUALLTY COMPANY ands granted undernand by auitlwo of tale f2ic-mingsresolubun adopt dNbyL FIDELITY Board of SDirec Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duheldon the 20th day of July, 2010 and by the Board of Dtreclors of ALLEGHENY CASUALTY COMPANY at a meeting duty held on the 15th day of August, 2000: t (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint., and to revoke af, At o Heys -in -Fact or agents w th power and authority as defined or limited in their respective ppowers of a it omey. and to execute on behalf 1 and affix the Gorparat on's seal lheret0, bonds, undertakings, recognizance5 contracts of Indemniry and other written obl9gatlons Fn the related thereto; and (2),any such Officers oLthe Cor ration may appoint and revoke the op in of joint-conlroi custodians, agents process, and Attorneys -in -fact with authority to execuppoowaivers and consents on behalf of the Corporation; and (3 the signature o any e Garporation and the Corppralivn'g seal may be affix d t y facsimile to any power of attorney or eedl4fcation gwen ln� the execufi0n of any recognizance, contract r indemnity or other written 051119a I In iha nature thereof or related thereto, such signature and seals when heretofore or hereafter, being hereby adopted by the GoToraflon as the original Signature of such c�rcer and the original seal of the valid and olnd1 g upon the Corporad0n with Phe same force and affoct as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents onrthis 31st:dayof December, 2015. STATE OF NEW JERSEY �GP5Uq(pr County of Essex S �o j S7 9 1936 g ROBERT W. MINSTER Chief Executive Officer (international Fidelity Nom, JERSE- Insurance Company) and President (Allegheny Casualty Company) On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY that the seals affixed to said instrument are the Corporate. Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. - IN TESTIMONY WHEREOF, t:have hereunto set mW hand affixed my Official Seal, .,,,,Nno.,- at the City of Newark, New Jersey the day and year rat above written. Vi Y , ' oR:'.•C� ,,�,\951 1% D� :U NOTARY t4 PUOLIC �: • q •.°c; enc+?. •'•�5 ; OF NEW J� a•`. eat A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 CERTIFICATION I; the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I.have compared the foregoing copy of the Power of Attorney.and affidavit, and the copy of the Sections of the By,Lawsi of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies-, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not beenrevokedis now in full force and effect. 9 /'j / IN TE-STIMONY WHEREOF, I have hereunto set my hand this , 1` � bt 'day., of lutaj�wvbe�f9 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 California County of r N i On )` �/�i ?before me, personally appeared / C /f ' h'ri LV-q� 1 who proved to me on the basis of satistactorY4vidence to be the persono whose f)i ssubscribed tothe within instrument and acknowledged to me that e/tyexecuted th samein is that by r!h IrSignatureY", on the insrumbehalf of h the person 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. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of alfadted docutnertt) (Title ordescdpfion of attached document continued) Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer 2015 Version www, NokaryClasscs. Lori 500 373 -MU iyjv ' .1 .I • lotary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM iiusfom complies wilt, urnenr Ccltortim seennex regarding notary wording and, tfaeeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that smie $a long as the warthog does not require the Caltfornla notary to aiolare Cahfornla notary law. • State and County information must be the State and County where the documam signer(s) persoinally appeared before the notary public for acknowledgment, • Date of notarization mast be Ilic dote that the signer(s) personally appeared which must also be the some date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the Correct singular or plural loons by crossing off incorrect forms (i.e- kt shildxyLi- islire) or circling the correct forms. Failuretocorrectly indicate this In€omtanon cony lead to rejection of document recording. • The notary sell impression must be clear and photogmphkcnlly reproducible. Impression must not cover test or lines. Ir seal impression smudges, re -seal if a sutlTciemt areu permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the sign ttum an file with lire Office of the camty clerk. A Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Q Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with staple. le ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www, NokaryClasscs. Lori 500 373 -MU iyjv ' .1 .I • lotary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM iiusfom complies wilt, urnenr Ccltortim seennex regarding notary wording and, tfaeeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that smie $a long as the warthog does not require the Caltfornla notary to aiolare Cahfornla notary law. • State and County information must be the State and County where the documam signer(s) persoinally appeared before the notary public for acknowledgment, • Date of notarization mast be Ilic dote that the signer(s) personally appeared which must also be the some date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the Correct singular or plural loons by crossing off incorrect forms (i.e- kt shildxyLi- islire) or circling the correct forms. Failuretocorrectly indicate this In€omtanon cony lead to rejection of document recording. • The notary sell impression must be clear and photogmphkcnlly reproducible. Impression must not cover test or lines. Ir seal impression smudges, re -seal if a sutlTciemt areu permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the sign ttum an file with lire Office of the camty clerk. A Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Q Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with staple. NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 13 NON -COLLUSION AFFIDAVIT FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) Paragiotis Leonida being first duly swom deposes and says that he is the President (sole owner, a partner, president, etc.) of eons a Builders Inc. 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 At AGENCY thereof, or to any other individual, except to such person or persons as have a partnership y( ithy j financial interest with said BIDDER in his general business, Signed: Title and sworn to antjrbefore me this O C Tl" %day of N y�A 201 RAVINDER PAL8IN1H Commission # 2118617 afr-® Notary Public - California v Los Angeles County My Comm. Expires Jul 6. 2019 Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C-14 BIDDER'S QUESTIONNAIRE FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA 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. Submitted by: Panagiotis Leonida, President Tele one: (951)532-7717 Principal Office Address: 1822A East Route 66 lF401, Glendora, A 91740 2. Type of Firm: Leonida Builders Inc. Individual: 3a. If a corporation, answer these questions: Date of Incorporation: 4/11/07 State of Incorporation: California President's Name: Panagiotis Leonida Vice -President's Name: "/a Secretary or Clerk's Name: anagiohs eom a Treasurer's Name: Panagiotis Leonida 3b. If a partnership, answer these questions: Date of organization: State Organized in: Name of all partners holding more than a 10% interest: Designate which are General or Managing Partners. 4.Name of person holding CONTRACTOR's license: Leonida Builders Inc. License number: 896772 Class: A, B, C-8 Expiration Date: 5/31/17 Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 15 BIDDER'S QUESTIONNAIRE (cont'd) FAIR OAKS PARK IMPROVEMENTS BID # ENG16-17 P3021 Project No. P3021 Santa Clarita, CA 5. CONTRACTOR's Representative: Title: President Alternate: nlr.,,, Title: Panagiotis Lconida 6. List the major construction projects your organization has in progress as of this date: Owner: (A) Annual Concrete Repairs- City Wide (B) Sharky's Woodfired Mexican Grill Project Location: San Bernardino Marina Del Rey Type of project: Public Works- Concrete Private Works- Restaurant Build -Out Bid Proposal Fair Oaks Park improvements Project. P3021 October 2016 Page C-16 SECTION C - Bid Proposal FAIR OAKS PARK IMPROVEMENT BID # ENG16-17-P3021 Project No. P3021 Santa Clarita, CA 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 act 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 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 bereof may, at the AGENCY's option, be considered null and void. Company Name: Leonida Builders Inc. Company Address: 1822A East Route 66 9401 Glendora, CA 91740 By. Panagiotis Leonida Print Name Title: President Signature: Date: Nov. 8, 2016 Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- I �t,ttturtt,� rtt rrnit� Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- I ADDENDUM NO. 1 FAIR OAKS PARK IMPROVEMENTS BID II ENG -16-17-P3021 PROJECT P3021 October 27, 2016 This Addendum includes one (1) page as a part of the Notice Inviting Bids and Instruction to Bidders for the above -identified project and modifies the original document, as noted below. 1. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, Class A or C-8 at the time that a contract for this work is awarded. BIDDER CERTIFICATE acknowledge receipt of this Addendum No. 1 i ' 2016 Date t. ) rR6b6rt G. Newmari Director of Public Works City of Santa Clarita 1 and accept the aforementioned; Bidder Signature THIS DOCUMENT TO BE SUBMITTED WITH PROPOSAL ADDENDUM NO. 2 FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 PROJECT P3021 November 2, 2016 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_ SPECIFICATIONS, SECTION E — GENERAL PROVISIONS 1. Section 2-9.2 Survey Service; the Agency will provide all survey as indicated in paragraph one on E-6. Paragraphs 8-10 on E-7 that reference the Contractor as the responsible party for survey are hereby deleted. S' R e ewman Director of Public Works City of Santa Clarita BIDDER CERTIFICATE acknowle jge receipt of this Addendum No. 2 and accept the aforemen eF 2016 Date Bidder Signature THIS DOCUMENT TO BE SUBMITTED WITH PROPOSAL ADDENDUM NO. 3 FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 PROJECT P3021 November 7, 2016 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, remaln'ln force. All trades affected shall be fully advised of these changes, deletions, and additions. CHANGES TO SPECIFICATIONS SECTION A — NOTICE INVITING BIDS The Engineers Estimate for the base contract work is $220,000.00 SECTION C — PROPOSAL BID SCHEDULE: Replace Bid Schedule with revised Bid Schedule as attached. Contractor shall submit the attached Revised Bid Schedule as part of his/her proposal. CHANGES TO PLANS Sheet L 0.01 — revised index to add sheet L0.03; Sheet L 0.02 — addendum note added Sheet L 0.03 — added sheet to show Temporary Access path and Access ramp detail Sheet L 1.01 — Added pcc path adjacent to access path. Sheet L 1.02 - Revised drainage plan to add non perforated pipe and connection to existing system. Revised detail E to depict'/." gravel. Sheet L1.03 — Revised Details D & E to show 3/4" gravel and revised dimensions of volleyball net pole and pole in response to bidder questions. Sheet L 2.01 — addendum note added Sheet L 2.02 — addendum note added Sheet L 3.01 — addendum note added PROPOSER QUESTIONS: The following are CITY S answers to questions submitted by prospective proposers: Question: Sht. L1.03, Details A, B, E show 6" of aggregate base subgrade for the proposed volley ball court. Details C, D (same sheet) show either 6" of aggregate base or DG. Will DG be acceptable? If yes, can the DG removed from the existing DG path be reused underneath the proposed volley ball court? Answer: The aggregate base (drainage layer) below the volleyball sand shall be %" gravel, separated from the sand with geotextile fabric. Geotextile fabric shall be 4 oz. non -woven polypropylene fabric, "NW4" by SRW Products, or approved equal. The Bid Schedule is revised to separate the sand and gravel items. Question: Will it be acceptable to set-up a contractor staging area in the adjacent parking lot or within the project site? Answer: The Contractor will be allowed to stage within the project limits only. A temporary Construction Barrier Plan is added to the set of drawings to indicate access to the project and staging area for construction equipment. Question: Is there a SWPPP requirement for this project, including a QSP/QSD, or are BMPs sufficient? Answer: The project does not require a QSPIQSD; however, the contractor shall employ someone with adequate knowledge to implement the appropriate BMPs for the project. Question: The specifications call for adherence to the SWPP plan and the required BMP's but an erosion control plan was not provided. Please advise. Answer: The project will require the Contractor to install BMPs based on appropriate needs as the project progresses. The RE will request a simple plan for project records. Question: The Steelcmft products do not exactly match the descriptions on the plans. Please verify the product model number is exactly what is acceptable or not: A. Volleyball net model number VB -1200 is 32'x36' and not 32'x54' as stipulated. B. Volleyball net pole model number AGP-4 is 117 and not 12'0 as specified. Answer: The Product model number for the Net is VB -1200 (32"x36'). The Pale Assembly is AGP- 4 (11'3"). Detail E on Sheet L1.03 is revised to correct the descriptions. Question: The plans and specifications call for the contractor to be responsible for permits. Please advise. What permits will be required and what the fees will be? Answer: The Contractor will be required to obtain a no fee Encroachment Permit for protection of area in front of the temporary access to the project limits. Question: The plans and specifications call for protecting the existing utilities. Please provide a drawing and information on the location and depth of existing utilities. Answer: A storm drain pipe is noted on the plans. Current As-Builts held by the City do not indicate any other utilities at the work site; however, per standard requirements, the Contractor shall notify Dig Alert prior to excavation and protect any existing utilities that may be present. � j� Robert G. Newman Director of Public Works City of Santa Clarita BIDDER CERTIFICATE I acknowie a receipt of this Addendum No. 3 and accept the atorementior l .2016 Date Bidder Signature THIS DOCUMENT TO BE SUBMITTED WITH PROPOSAL THE CITY OF SANTA CLARITA CONTRACT DOCUMENTS AND SPECIAL PROVISIONS For Fair Oaks Park Improvements P3021 City of Santa Cladta, California For use in combination with Part 1, "General Provisions," of the Standard Specifications for Public Works Construction, 2015 Edition, the Labor Surcharge and Equipment Rates in effect on the date the work is accomplished. Special provisions supplement and amend the State of California Department of Transportation Standard Specifications and Standard Plans dated July 2012. Prepared by: Capital Improvements Bid Opening: November 10 2016 at 11:00 am CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR Fair Oaks Park Improvements P3021 City of Santa Clarita, California October 21, 2016 Prepared For: City of Santa Clarita Capital Improvements 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355-2196 Martin McKnight Contact: (661) 290-2205 Pians and Specifications Prepared By: City of Santa Clarita Approved for Construction: Robert G. Newman, Director of Public works City of San a Clarita Date: 2016 TABLE OF CONTENTS PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR FAIR OAKS PARK IMPROVEMENTS Bid No. ENG -16 -17 -Project No. P3021 TITLE SECTION NOTICEINVITING BIDS...................................................................................................... A INSTRUCTIONSTO BIDDERS............................................................................................ B PROPOSAL......................................................................................................................... C • PROJECT BID SCHEDULE • DESIGNATION OF SUBCONTRACTORS • REFERENCES • DEPARMENT AND SUSPENSION CERTFICATION • EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION • BIDDER'S INFORMATION AND CERTIFICATION • PROPOSAL GUARANTEE (BID BOND) • NON -COLLUSION AFFIDAVIT • BIDDER'S QUESTIONNAIRE • CERTIFICATION OF NON -SEGREGATED FACILITIES CAPITAL IMPROVEMENT PROJECT AGREEMENT - INCLUDING FEDERAL REQUIREMENTS................................................................................................................ D • FAITHFUL PERFORMANCE BOND • LABOR AND MATERIAL BOND • FEDERAL WAGE SPECIAL PROVISIONS - GENERAL.................................................................................. E SPECIAL PROVISIONS - TECHNICAL............................................................................... F APPENDIX "A" (Included in this Book). CONSTRUCTION MATERIALS RECYCLING PLAN APPENDIX "B" (Included in this Book) ........................... LABOR COMPLIANCE PROGRAM SECTION A.m NOTICE INVITING BIDS SECTION A: NOTICE INVITING BIDS FAIR OAKS PARK IMPROVEMENTS BID #ENG -16-17-P3021 Project No. P3021 City of Santa Clarita, California PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Santa Clarita for the FAIR OAKS PARK IMPROVEMENTS (Project No. P3021) project. Bids must be submitted to Purchasing, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355, before 11:00 a.m., Thursday, November 10, 2016, at which time, or shortly thereafter, they will be publicly opened and read in Suite 120. Specification for this bid may be downloaded from the City's Purchasing website at www.santa- clarita.com/purchasing. Please refer to the specifications 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's Clerk's Office, Suite 120. 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. If addenda are not signed and submitted/returned with the bid proposal, the bid may be deemed non- responsive and rejected. 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 FAIR OAKS PARK IMPROVEMENTS, City Bid No. ENG -16-17-P3021, City Project No. P3021, City of Santa Clarita, California — DO NOT OPEN WITH REGULAR MAIL." Work shall be done in accordance with the contract documents known as FAIR OAKS PARK IMPROVEMENTS Project No. P3021. The engineer's estimate for the base contract work is approximately $170,000.00 Generally, the Scope of Work to be performed includes, but is not limited to, removing the existing volley ball court and DG path and reconstructing two volley ball courts with new drainage and reconstructing the walking path with Portland Cement Concrete. The work includes removing and replacing conflicting irrigation within limits of the new volleyball court. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, Class A or Class C27 at the time that a contract for this work is awarded. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. 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. Bidders are required to email their questions or equivalent material or substitution request of construction materials to Martin McKnight at mmcknight@santa-clarita.com until 4:00 p.m. on or before, Thursday, November 3, 2016. Any questions or equivalent material or substitution request of construction materials submitted after November 3, 2016 will not be answered. Questions and answers and/or any responses to material substitution request will be issued by A-1 Project 81014 November 8, 2016 as an addendum via email to all plan holders prior to bid opening. Bidders shall sign and return all addendums (if any) with the submitted bid proposal. Contractor shall not be allowed to make substitution or equal and/or equivalent request of construction material after November 3, 2016. This contract is subject to State prevailing wage requirements of the California Labor Code including Section 1770, 1771.5, 17732 1777.5 and 1776, The Davis -Bacon and Related Acts and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program (LCP). All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. 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.gov/OPRUDPreWageDetermination.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. This bid is subject to SB 854. See Instruction to Bidders (Section B) for details. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program, approved initially 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 a certified copy of all Certified Payroll Records (CPRs) with the progress payment on at least a monthly basis to the City. City Project Manager: Martin McKnight Contact Number: (661) 290-2205 Email address: mmcknight(&-santa-clarita.com Published two (2) times: October 21st, and October 25th, 2016 A-2 Project 81014 SECTION B.0 INSTRUCTIONS TO BIDDERS SECTION B: INSTRUCTIONS TO BIDDERS PAIR OAFS PARD IMPROVEMENTS BID # ENG -16-17-P3021 Project No. P3021 City of Santa Clarita, California 1. 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. 2. 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. 3. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside "SEALED BID FOR FAIR OAKS PARK IMPROVEMENTS PROJECT NO. P3021; 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. 4. 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. 5. 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. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 1 6. 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. 7. 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 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 or C-27 at the time a contract for this work is awarded. 8. EXAMINATION OF CONTRACT DOCUMENTS & BID PRICES 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 BIDS. Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor 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. 9. SOLICITATION PROCESS ADMINISTRATION The solicitation process governs the interaction between Purchasing and both City staff and the City's potential business partners. The process must be clear, open, and consistent and provide a fair opportunity to enter the bidding process. City staff is responsible for ensuring solicitation processes are properly carried out or seek the assistance of Purchasing. A. Sales and Use Taxes — Pricing schedules will clearly call for the taxes included in the pricing for the solicitation. Where out of state vendors indicate they are not including/collecting/or paying the use tax or fail to reflect the amount of use tax, staff will determine the amount of use tax. This will be included in the vendor's cost for comparison purposes. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 2 B. Solicitation Responses — The City acknowledges the possibility of an imperfect solicitation response. The City believes in the concept of "substantial" compliance and reserves the right to waive or not, minor irregularities. C. (1) Late sealed bids may not be accepted and shall be returned unopened in accordance with Government Code Section 53068. (2) The absence of a signature except those on the bonds or of the notary may be waived if the balance of the response contains those signatures to constitute a valid contract or convey convincing evidence of the intent to enter into a contract. (3) City staff will be consistent in the application of these sections. (4) Purchasing Agent or designee will have the authority to accept or reject a request by a bidder to withdraw its bid under Public Contract Code Section 5100 et.seq. Any objections to the decision by the Purchasing Agent must follow the Bid Protest procedures. (5) Purchasing Agent or designee will have the authority to reject a bid as non- responsive. Any objections to the decision by the Purchasing Agent must follow the Bid Protest procedures. (6) Purchasing Agent or designee will have the authority to reject all bids as permitted by the Public Contract Code. (7) The Purchasing Agent or designee shall have the authority to find a bidder is not a responsible bidder as defined in Public Contract Code Section 1103. Any such finding must be in writing to the bidder and include: (1) All information in support of the finding that the bidder is not responsible; (2) A statement that if the bidder objects to the finding of the Purchasing Agent, then the bidder must follow the Bid Protest procedures and (3) As part of the City Manager's review of the protest, the bidder may meet with the City Manager to present its position on the finding. D. Bid Correction Rules — In the case of 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 41, 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. E. Protest Procedures - Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 3 (1) Definitions "Bidder" means any person or firm providing a timely, written response to the City solicitation. "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. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 4 (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 (a) If the subject matter of the solicitation or project is receiving any State or Federal funds which requires 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. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 5 10. 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. 11. EQUIVALENT MATERIALS Products designated to match others in use have been identified with "No Substitutes". Or equals will not be permitted on "no substitute" items. The designation of materials, equipment, and products on the plans in the specifications not identified by "No Substitutes" are intended to indicate a minimum standard of quality, aesthetic appearance, utility, and degree of detail required. This "form, fit, and function" requirement includes the desired type and level of activity, social interaction, and mental stimulus to be experience by the end user. Requests for consideration of a material, equipment, or product as an "or equal" to a specified material, equipment, or product must be included with the Proposal (Bid Schedule) at the time the Bid is submitted. Requests shall include all of the information requested in Proposal and shall be provided in a complete, clear, and concise manner; otherwise, the Bid will be deemed non-responsive and the BIDDER will be disqualified. The Agency will be the sole judge as to whether a proposed "or equal" is equivalent to the specified, material, equipment, or product. 12. LEGAL RESPONSIBILITIES 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. 13. 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,ems.), 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. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 6 14. 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 (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. 15. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY as follows: The basis for award of contract shall be the Contractor's Base Bid. 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. 16. 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. 17. REGISTRATION OF CONTRACTORS The successful BIDDER shall possess a State Contractor's license, Class A or C-27 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. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 7 17A. 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. 18. 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. 19. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS The right is reserved, as the interest of the AGENCY may require, to amend the specification 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. 20. LIST OF SUBCONTRACTORS Each BIDDER must submit with his bid the following: 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. 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. Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 8 21. 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. 22. 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) Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 9 With Agreement (Awardee only) Prior to Starting Construction (Awardee only) X Proposal Forms (Cover Sheet, Bid Schedule, Bidder's Certification) X Designation of Subcontractors X References X Debarment and Suspension Certification X Equal Opportunity Employment Certification X Bidder's Information and Certification X Bidder's Bond X Non Collusion Affidavit X Bidder's Questionnaire X Certification of Non -Segregated Facilities X Addendums (if any) with Bidder's signature X Contract Agreement X Bond for Faithful Performance X Payment Bond (for Labor and Material) X Certification of Public Liability and Property Damage Insurance (General Liability) X Certification of Worker's Compensation Insurance X Preconstruction Meeting X Construction Schedule — one week prior to precon X List of all Subcontractors X Subcontractor's Certification with Regard to the Performance of Previous Contracts Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 9 Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 10 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 X Phasing and Site Staging Plan — at the day of the PRECONSTRUCTION MEETING X Schedule of Submittal including the trees and plants information plus the location(s) to tag trees— at the day of the PRECONSTRUCTION MEETING Instruction to Bidders Fair Oaks Park Improvements Project, P3021 October 2016 Page B- 10 SECTION C.m PROPOSAL SECTION C - Bid Proposal FAIR OAKS PARK IMPROVEMENT BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA 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 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. Company Name: Company Address: By: Print Name Title: Signature: Date: Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- I BID SCHEDULE FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA Item No. Item Description Units Unit Cost Qty. Bid Price GENERAL 1 Mobilization/Demobilization, Bonds and Insurance, LS 1 $ 2 Temporary Construction; BMPS/Recyling/temp fencing LS 1 $ DEMOLITION AND SITE PREPARATION 3 Removal & Disposal of decomposed granite path, 4" thick; and header boards CY 212 $ 4 Removal & Disposal of irrigation lateral lines and rotors at volley ball court LF 205 $ 5 Tree removal, 4" Pines EA 3 6 Excavation and removal of soil, volley ball area CY 339 7 Excavation & removal of existing volley ball sand CY 128 8 Removal & Disposal of existing volley ball court pcc curb LF 178 9 Excavate and Backfill excavated soil to existing volley ball court CY 73 $ 10 Clearing & Grubbing (light), volleyball court perimeter area SF 1424 SAND VOLLEY BALL COURT 11 Grading at Volleyball perimeter area SF 8250 12 Volleyball perimeter walk, 48" wide, thickened edge per detail SF 1424 $ 13 Perforated drainage pipe at volleyball court LF 232 $ 14 Sand, 18"-24" depth; washed aggregate base 6" CY 467 $ 15 Landscape Fabric SF 7200 $ 16 Metal posts, footings, cap, net , rope boundaries EA 2 PAVED PATH 17 Concrete Paving SF 8607 PLANTING Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 18 Soil Preparation/amendment SF 8250 $ 19 Turf Seeding SF 8250 1 $ IRRIGATION 20 Laterals, Fittings LF 594 $ 21 Rotors EA 12 $ 22 6"pop-UPS EA 8 $ TOTAL BASE BID SCHEDULE IN FIGURES: $ TOTAL BASE BID SCHEDULE IN WORDS Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 3 DESIGNATION OF SUBCONTRACTORS FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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. DBE IS NOT REQUIRED ON THIS PROJECT. Subcontractor DBE STATUS: Age of firm: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone( ) Subcontractor Age of firm: DBE STATUS: Certi in Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Description of Work Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone( ) Subcontractor DBE STATUS: Age of firm: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone( ) Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 4 DESIGNATION OF SUBCONTRACTORS FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA 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 %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. DBE IS NOT REQUIRED ON THIS PROJECT. Subcontractor Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone( ) Subcontractor Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone( ) Subcontractor Age of firm: DBE STATUS: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone( ) Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 5 REFERENCES FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No, P3021 Santa Clarita, CA The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past 3 years including the pavers installation experience with similar scope and amount: 1. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 2. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of work Date Completed 3. 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: Contractors Name Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 6 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 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 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 subj ect 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 8 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: Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 9 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 920 Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 10 (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: FAIR OAKS PARK IMPROVEMENTS Bid No. ENG -16-17 P3021 Project No. P3021 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 11 PROPOSAL GUARANTEE BID BOND FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA KNOW ALL MEN BY THESE PRESENTS that as BIDDER, and as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY 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. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 12 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 13 NON -COLLUSION AFFIDAVIT FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 Seal of Notary 20 Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 14 BIDDER'S QUESTIONNAIRE FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA 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: 3b. If a partnership, answer these questions: Date of organization: State of Incorporation: State Organized in: Name of all partners holding more than a 14% interest: Designate which are General or Managing Partners. 4. Name of person holding CONTRACTOR's license: License number: Class: Expiration Date: Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 15 BIDDER'S QUESTIONNAIRE (cont'd) FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA S. 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: (B) Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 16 CERTIFICATION OF NUN -SEGREGATED FACILITIES FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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). Bid Proposal Fair Oaks Park Improvements Project, P3021 October 2016 Page C- 17 SECTION D: CAPITAL IMPROVEMENT PROJECT AGREEMENT & BONDS Council Approval Date: Agenda Item: Contract Amount: CAPITAL IMPROVEMENT PROJECT AGREEMENT FAIR OAKS PARK IMPROVEMENTS BID ## ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA CON -9 This AGREEMENT is made and entered into for the above -stated project BY AND BETWEEN the CITY OF SANTA CLARITA, as CITY, and as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTIC ,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. ARTIC ,F. 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. A RTICI ,F 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. Revised 712016 Page 1 of 10 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. ARTICIT 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 7/2016 Page 2 of 10 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. In the event the said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. 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. 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: 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. Revised 7/2016 Page 3 of 10 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. 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, insure 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 7/2016 Page 4 of 10 A RTICLV 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. A RTICT Y 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/Term ination 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. Conflict of Interest CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 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 Revised 7/2016 Page 5 of 10 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. 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. 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. Prevailing Wages If 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.ga.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 state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, 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. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita'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 state 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 state statues and regulations and adhering to the latest editions of such. This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). Protection of Resident Workers Revised 7/2016 Page 6 of 10 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 (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. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. 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. (SIGNATURES ON NEXT PAGE) Revised 7/2016 Page 7 of 10 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 Date: Mayor/City Manager of the City of Santa Clarita City Attorney of the City of Santa Clarita Date: Revised 7/2016 Page 8 of 10 FAITHFUL PERFORMANCE BOND FAIR OAFS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA KNOW ALL MEN BY THESE PRESENTS that wo 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 12016. CONTRACTOR* SURETY* Subscribed and sworn to this NOTARY PUBLIC day of .320 . * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Revised 7/2016 Page 9 of 10 LABOR AND MATERIAL BOND FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17 P3021 Project No. P3021 Santa Clarita, CA 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 , 2016. CONTRACTOR* SURETY* Subscribed and sworn to this NOTARY PUBLIC day of 120 . * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Revised 7/2016 Page 10 of 10 SECTION E.0 GENERAL SPECIFICATIONS SECTION E - GENERAL PROVISIONS FAIR OAKS PARK IMPROVEMENTS BID # ENG -16-17-P3021 Project No. P3021 Santa Clarita, CA 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, (SSPWC or Greenbook), accept as amended and or superseded by the following; PART 1 - GENERAL PROVISIONS BIDDER shall take note that the amendment and additional provision that follow are not all shown in the order or numbering system as shown in the Greenbook 2015 edition. SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS Agency - City of Santa Clarita Board - City Council representing the City of Santa Clarita BMPs - Best Management Practices CASQA - California Storm Water Quality Association City - City of Santa Clarita City Attorney - Attorney for the City of Santa Clarita Caltrans - California Department of Transportation LACDPW - Los Angeles County Department of Public Works C&DMMP - Construction & Demolition Materials Management Plan Engineer - City of Santa Clarita, City Project Manager Greenbook - also known as Standard Specification of Public Works Construction or SSPWC — 2015 Edition Inspector - Inspector for the City of Santa Clarita Owner - City of Santa Clarita City's LMD - City's Landscape Maintenance District QSP - Qualified SWPPP Practitioner SCAQMD - South Coast Air Quality Management District State - State of California SWPPP - Storm Water Pollution Prevention Plan WPCP - Water Pollution Control Program E-1 Fair Oaks Park Improvements Project P3021 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT Add to Section 2-1, "Award and Execution of Contract" the following: 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 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. 2-1.1 PRE -CONSTRUCTION MEETING Add the following Section 2-1.1 "Pre - Construction Meeting" A Pre -Construction Conference shall be conducted at the Santa Clarita City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355, prior to the start of construction. The ENGINEER will distribute a notice of this meeting, along with an agenda of the subjects to be addressed at least three days prior to the meeting. The job -site foreman or superintendent, Project Manager assigned by the CONTRACTOR and representative(s) from the SUBCONTRACTOR for this project shall be present at the Pre -Construction Meeting. The following is a minimum agenda for the Pre Construction Meeting: 1. The ENGINEER will explain and discuss insurance, laws and codes, maintenance of traffic, permits, quality control, inspection and related items. 2. The ENGINEER will discuss procedures for Submittals, RFI, Change Notices, and Contract Change Orders. 3. The ENGINEER will discuss monthly progress payment application and establish the estimate cutoff date and discuss partial and final payments. 4. The ENGINEER will discuss the City's Labor Compliance Program. 5. The ENGINEER will discuss the City's Construction & Demolition Materials Management Plan. 6. The CONTRACTOR will introduce CONTRACTOR's representatives, briefly describe each person's responsibilities and provide Emergency contact information. The CONTRACTOR shall designate, in writing, a representative who shall have complete authority to act for the CONTRACTOR, including signature authority E-2 Fair Oaks Park Improvements Project P3021 limitations. An alternate representative may be designated. The representative or alternate shall be present at the job site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the CONTRACTOR. In the absence of the CONTRACTOR or its designated representative, necessary or desirable directions or instructions may be given by the ENGINEER to the superintendent or person having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the CONTRACTOR or its representative. 7. The CONTRACTOR will distribute a list of Subcontractors and suppliers and discuss sequence of and coordination of critical work and long lead procurement items. 8. The CONTRACTOR will prepare and submit a tentative progress schedule for review and acceptance. 9. The CONTRACTOR will define and discuss arrangements for Safety, first aid, emergency actions and security. Those attending the meeting shall include, but not be limited to the following: • CONTRACTOR • Subcontractors • Subcontractors finance representative or certified payroll designee for Labor Compliance instructions • City of Santa Clarita Project Manager • City Public Works Staff Design ENGINEER including geotechnical and survey crew Affected utility company representatives including Valencia Water Company and Southern California Edison One week prior to the preconstruction meeting, the Contractor shall submit the following: 1. Construction Schedule 2. Registry of submittal list Any explanations provided by the ENGINEER at this meeting do not amend, supersede or alter terms or meaning of any Contract Document and the CONTRACTOR shall not claim reliance on such explanations as a defense to any breach or failure by the CONTRACTOR to perform as specified in the Contract. 2-3 SUBCONTRACTS 2-3.2 Self Performance - Subsection 2-3.2 of the SSPWC is hereby deleted and replaced with the following: The CONTRACTOR shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Base Contract Amount. The contract labor performed or provided by the CONTRACTOR shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude superintendence. 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. 2-3.3 Status of Sub Contractors — Add the following to Subsection 2-3.3 E-3 Fair Oaks Park Improvements Project P3021 Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subCONTRACTORs. The CONTRACTOR shall return all moneys withheld in retention from the subCONTRACTOR within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 6-8 of the SSPWC. 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 CONTRACTOR or deficient subcontract performance or noncompliance by a subCONTRACTOR. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General - Subsection 2-5.1, the last paragraph is hereby deleted and replaced with the following: The CONTRACTOR shall carefully study and compare the Contract Documents with each other and with information available to the CONTRACTOR and furnished by the CITY and shall immediately notify the ENGINEER of errors, inconsistencies, or omissions discovered. If the CONTRACTOR performs any construction activity knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without notice to the ENGINEER, the CONTRACTOR shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. The CONTRACTOR shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the CONTRACTOR with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the ENGINEER immediately. DIFFERING SITE CONDITIONS (23 CFR 635.109) (CT Stnd Spec 4-1.06) 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. E-4 Fair Oaks Park Improvements Project P3021 b. 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 2-5.2 Precedence of Contract Document - Substitute the following for the list of precedence under the first paragraph: 1. General Specification (Section E) 2. General Provisions (Section F) 3. Special Provisions per Greenbook (Section G) including SWPPP requirements 4. Amendments or Addenda to the General/Special Provisions if Amendments were issued. 5. Standard Plans for Public Works Construction 2-5.3 SUBMITTALS The paragraphs of Subsection 2-5.3.1 General, is hereby deleted and replaced with the following: The CONTRACTOR shall allow a minimum of 10 working days for review of submittals unless otherwise specified in the Special Provisions. If the Submittal were submitted after the notice of proceed letter were issued with first date of the working day, Contract working days will be counted to the CONTRACTOR if received past the first date of working day. Each Submittal shall be accompanied by a letter of transmittal. CONTRACTOR is to provide the following number of copy for each submittal: 4 original hard copy of submittal and any attachments to the submittal shall be in color especially photos of plants and trees. Hard copies of the submittals shall be mailed to the following addresses: One hard copy to: City of Santa Clarita, Attn: Martin McKnight 23920 Valencia Blvd. Suite 120 Santa Clarita, CA 91355 Phone: (661) 255-4366 If the Contractor is providing an electronic copy in PDF version of the submittal, email to the following: mmcknight(a)-santa-clarita.com and 2-5.3.1 a SCHEDULE OF SUBMITTALS Add subsection 2-5.3. l a, "Schedule of Submittals" as follows: 1. At the preconstruction meeting, the CONTRACTOR shall identify the submittals in their submittal registry to list out the priority and identify the date(s) on which each submittal will be submitted for the Agency/Engineer to review. The submittal Registry/Schedule shall be submitted with the Contractor's schedule to the ENGINEER for approval as specified in 6.1.1, Prosecution, Progress and Acceptance of the Work. 2-5.3.1 b INCOMPLETE SHOP DRAWING/REJECTED SUBMITTAL Add subsection 2- 5.3.1b, "INCOMPLETE SHOP DRAWING/PLAN SUBMITTAL" as follows: E-5 Fair Oaks Park Improvements Project P3021 The AGENCY will return the incomplete shop drawing/plan submittal to the CONTRACTOR. It is the CONTRACTOR responsibility to submit a full and complete submittal at the first submittal to the City. If the Landscape Architect/Civil Engineer reviewed the incomplete submittal, they will be rejected if found incomplete and the review time incurred by them shall be reimbursed to the CONTRACTOR or the CITY will deduct from the CONTRACTOR's monthly progress payment. The hourly rate for the submittal review by either Landscape Architect or Civil Engineer is $150 per hour. 2-5.3.1 c RFI Add subsection 2-5.3. la, "Schedule of Submittals" as follows: The CONTRACTOR shall allow at least 3 working days for review of RFI. It's the CONTRACTOR responsibility to review the contract documents in advance of the construction activities to minimize any potential delays since the time is of the essence. 2-5.3.2 WORKING DRAWINGS Replace subsection 2-5.3.2, "working drawings" as follows: The CONTRACTOR shall submit three copies directly to the Landscape Architect and also shall provide an electronic copy in pdf file of the same submittal to both CITY's Project Manager and ENGINEERS. Both CITY's Project Manager and Landscape Architect will not be reviewing the submittal until both hard copies and electronic copy are received and are identical unless otherwise approved by City's Project Manager. The maximum capacity for the attachment via email shall not be over 20 Megabytes. If no revisions are required, CITY's Project Manager will return one approved copy to the CONTRACTOR. If revisions are required, CITY's Project Manager will return the resubmittal set via email. The resubmittal shall be submitted by the CONTRACTOR both in hard copies and electronic copy unless exceptions is given by the CITY's Project Manager. 2-9.2 SURVEY SERVICE. Add the following to Section 2-9.2 Replace the word "the Engineer" with "the Agency" will perform and be responsible for the accuracy of surveying adequate for construction" Construction staking request form will be provided to the CONTRACTOR prior to the start of the construction. CONTRACTOR is required to fill in the information required in the construction staking request form and submit to the CITY's Project Manager via email three (3) working days prior to the survey services will be required. CONTRACTOR shall bear the responsibility of re -staking fee if at no fault to the Agency for the staking provided. There is a minimum service fee of four (4) hour time with two man crew. The exact amount of re -staking fee will be determined at such time. Here are the lists of survey staking to be provided by the AGENCY and AGENCY will only provide A TOTAL OF SIX TRIPS (MAXIMUM) with 4 hours minimum for the following construction staking request items below: Add the following: There is a minimum service fee of $400 for two (2) hour for two man crew if the Contractor is not ready for the survey team at the time and date of the staking request provided by the Contractor. E-6 Fair Oaks Park Improvements Project P3021 If the Contractor were to exceed SIX - 4 hour staking requests to be provided by the Agency, the Contractor is required to pay the subsequent survey staking requests at the Contractor's expense or the Agency will deduct the additional survey staking fee from the monthly progress payment. There is a fee of $400 for two (2) hour for two man crew. The CONTRACTOR shall perform and be responsible for any survey deemed necessary to adequately construct the work. This shall include providing digitized information and horizontal control of all hardscape and structural construction items indicated on plans. Surveying and staking shall be performed by a land surveyor, licensed to perform said work in the State of California. All survey work shall be done in compliance with state and local requirements, and to the satisfaction of the ENGINEER. 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 two (2) working days 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. 2-11 INSPECTION OF THE WORK the second sentence is hereby deleted and replaced with the following: The CONTRACTOR shall notify the ENGINEER or CITY INSPECTOR 2 working days in advance of the start of work. 2-13 CONTRACT RECORD DOCUMENTS Add New Sub Section 2-13, "Contract Record Documents" the following: 2-13.1 As Built Drawings Promptly following receipt of Notice to Proceed, Contractor shall identify and maintain for the OWNER a complete As -Built control set of Plans and Specifications in good order 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. CONTRACTOR shall update this set daily, showing every change from the original drawings and specifications, including exact as -built locations including the depth of pipe, sizes and types of underground piping, sleeve size(s), conduit runs layout, valves, equipment, and all other work not visible at surface grade. Additionally, please refer to subsection 1.4 of Items E, F, and G in Section 5 — Specifications of LIVID manual for post construction submittal by the Contractor. On these plans, the CONTRACTOR shall make all as -built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master record of as -built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work. The CONTRACTOR shall deliver the control set of documents to the ENGINEER within ten (10) days of completion of work. Final payment or project retention will not be made until the as -built plan has been reviewed with the CITY's Project Manager and E-7 Fair Oaks Park Improvements Project P3021 ENGINEER's. Payment for performing the work required in this section shall be included in the various bid items, and no additional payment will be made. 2-13.2 Close out Prior to release of the final progress payment and release of the CONTRACTOR's retention amount, the CONTRACTOR shall deliver the following documents to the ENGINEER: 1. Punch List approval 2. As-built/Field Changes 3. Labor Compliance Forms 4. C&DMMP and Weight Delivery Tickets 5. Warranties/LMD turnover sheet SECTION 3 - CHANGES IN WORK 3-2.2.6 Balancing Change Order Add sub section 3-2.2.6 "Balancing Change Order" as follows: Upon completion of the work, the ENGINEER and CONTRACTOR shall agree on the final quantities for each line item. Quantity adjustments in accordance with section 3- 2.2.1 shall be tabulated and paid for at the contract unit prices in the Balancing Change Order, except those quantities described in sections 3-2.2.2, 3-2.2.3 and 3-2.5. 3-3 EXTRA WORK 3-3.2.3.1 Work by Contractor Section 3-3.2.3.1 Work by Contractor is replaced by the following.- a. ollowing.a. Work by the CONTRACTOR: The following percentages shall be added to the CONTRACTOR's cost and shall constitute the markup for all overhead and profit on Extra Work performed by the Contractor: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% Refer to current CALTRANS Labor Surcharge & Equipment Rental Rates for unit pricing of all Extra Work. b. The Contractor shall also be compensated as specified in the Special Provisions for the actual increase in the Contractor's bond premium caused by the extra work. 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. 3-3.2.3.2 Work by Subcontractor Section 3-3.2.3.2 Work by Subcontractor is replaced by the following: Work by the 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 a plus 10 -percent on the first $2,000 of extra work and 5 -percent on work in excess of $2,000. E-8 Fair Oaks Park Improvements Project P3021 SECTION 4 - CONTROL OF MATERIALS 4-1.1 General. Add the following: 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, 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 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 30 days after the date of the ENGINEER's written notice. 4-1.4 Test of Materials — Delete the first paragraph and replace with the following: Before incorporation into the Work, the CONTRACTOR shall submit samples of materials, as the ENGINEER may require, at no cost to the AGENCY. The CONTRACTOR, at its expense, shall deliver the materials for testing to the place and at the time designated by the ENGINEER. 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 cost of all other testing that fails to pass the first test shall be charged to the CONTRACTOR and withheld from final payment. SECTION 5 — UTILITIES 5-1 LOCATION - Add to Subsection 5-1, the following: The California Public Utilities Commission mandates that, in the interest of public safety, all existing utility appurtenances shall be maintained in a manner to be readily accessible and in good operating condition. The contractor shall notify all the affected utility agencies at least 2 working days prior to the start of construction. The following are the utility contact known to be within project limits: 1. Water Company Contact: VALENCIA WATER COMPANY 24631 Avenue Rockefeller Santa Clarita, CA 91355 Attention: Richie Maldonado (661) 295-6586 2. Telephone Contact: AT&T Attention: Bryan Montgomery (661) 267-7525 Electric Contact: 3. SOUTHERN CALIFORNIA EDISON E-9 Fair Oaks Park Improvements Project P3021 25625 W. Rye Canyon Road Valencia, CA 91355 Attention: Andy Marino (661) 257-8247 4. Sewer District Contact: LOS ANGELES COUNTY SANITATION DISTRICT Attention: Bruce Jepson (661) 713-6012 5. Stormdrain Contact LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 23757 West Valencia Blvd. Valencia, CA 91335 Chris Melillo (661) 222-2948 6. Gas Contact: SOUTHERN CALIFORNIA GAS COMPANY Attention: Josh Lord (818) 262-6170 The CONTRACTOR's attention is directed to Section 5 "Utilities" and Subsections 7-9 "Protection and Restoration of Existing Improvements" of the Standard Specifications and to the contract Plans for location of utilities. 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, domestic water, reclaimed water, and sewer. Payment for construction relocation of these utility lines if within work area limits shall be the responsibility of the respective utility companies, unless otherwise indicated elsewhere in these Special Provisions. The CONTRACTOR shall obtain all necessary permits and notify the affected agencies at least 72 hours in advance of excavating around any of their structures. The utility companies listed above can be contacted as indicated. It shall be the responsibility of the CONTRACTOR to coordinate all phases of construction with the various utility companies involved. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The CONTRACTOR shall pothole to verify the location of existing improvements and shall take all precautions to protect them whether shown or not. The CONTRACTOR shall notify Underground Service Alert at 1- 800-227-2600 at least 48 hours prior to any excavation. 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 48 hours notice to Underground Service Alert by calling 1-800-227-2600. E-1 o Fair Oaks Park Improvements Project P3021 The exact location and identification of all existing utilities shall be determined by the CONTRACTOR prior to the start of any work. The CONTRACTOR shall protect -in-place all utilities otherwise noted on the plans. Full compensation for utility verification, coordination, and adjustment to grade for valve cans and hand holes shall be considered as included in the contract unit price paid in LUMP SUM for "Mobilization/Demobilization, Bonds and Insurance, Project Phasing, Utility Coordination and Adjustment" and no additional compensation shall be made. UTILITY VERIFICATION Full compensation for utility verification shall be considered as included in the bid item for "Mobilization/Demobilization, Bonds and Insurance, and no additional compensation shall be made. CONTRACTOR shall use bedding sand to back fill around utilities in excavation. CONTRACTOR shall notify the AGECY in writing of all contacts made with utility companies. CONTRACTOR's cost for coordination with the utility companies and providing the time, work areas, protecting their facilities, in place as shown on plans and as specified in these provision shall be included in the various related bid item(s) of work and no additional time allowance or compensation shall be made thereof. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to Section 6-1 "Construction Schedule and Commencement of Work" as follows.- The ollows.The CONTRACTOR's proposed schedule including the start and end dates to the staging plan and traffic control plans shall be submitted to the ENGINEER for approval within five (5) working days prior to the preconstruction meeting. Unless otherwise provided, the Contract time shall commence upon the date of issuance of a notice to proceed. The CONTRACTOR shall prepare a computer generated CPM schedule for this project. The schedule shall be generated using Microsoft Project Schedule. The schedule shall be broken down into activities with durations each less than two weeks and valued at less than $20,000. No more than 15 percent of the activities may be on the critical path of the baseline schedule. The baseline schedule will be reviewed by the ENGINEER and the CONTRACTOR shall make any reasonable changes requested to make the schedule acceptable. On a biweekly basis or during the construction progress meeting, the CONTRACTOR shall submit an updated schedule reflecting the work progress for the upcoming two weeks. If, at any time, the updated schedule shows project completion ten or more working days behind schedule, the CONTRACTOR shall be required to submit a recovery schedule showing how the original completion date will be met. After the recovery schedule has been found to be acceptable by the ENGINEER, it will be used to govern work until the original schedule is recovered. On a weekly basis, the CONTRACTOR shall submit a task schedule reflecting the work scheduled for each day for the upcoming two weeks. E-11 Fair Oaks Park Improvements Project P3021 Compliance with the scheduling requirements of this section is of the essence of this contract. Failure to comply with the requirements of this section may result in the OWNER retaining money from the monthly pay request. Failure of the CONTRACTOR to adhere to the approved construction schedule 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 construction schedule violation as provided herein, the CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of $1,000, unless otherwise provided in the specifications. All schedule submittals shall be made electronically and in printed format acceptable to the ENGINEER 6-1.2 COMMENCEMENT of THE WORK Delete an replace Section 6-1.2 "Commencement of the Work" as follows. - 1 . ollows.1. The start date for Construction will be established at the Pre -Construction Meeting. 2. A "Notice to Proceed" will be issued in writing by the ENGINEER, pending confirmation that the following documents have been submitted by the CONTRACTOR in accordance with the Pre -Construction Checklist included in the Notice Inviting Bids. • Construction Schedule including the start/end dates for two construction phasing • Truck Routes for material import and export • List of all Sub Contractors • Materials List and Manufacture's Brochures (As required) • CONTRACTOR'S Emergency Contact Information • Approved Construction and Demolition Materials Management Plan • Identification of the CONTRACTOR'S QSP worker(s) for storm water BMPs 3. In the event that procurement lead time precedes construction activity, the CITY will issue a Notice to Proceed with Procurement. Upon verification of delivery dates, the Notice to Proceed with Construction will be issued as deemed necessary. 4. The work shall start within (ten) 10 consecutive calendar days thereafter, and be diligently prosecuted to completion within the time provided in the Specifications. 6-1.3 CONSTRUCTION PROGRESS MEETINGS Add the following Section 6-1.3 "Construction Progress Meetings" as follows. - 1 . ollows.1. Progress meetings will be scheduled between the ENGINEER and CONTRACTOR. 2. Meetings will be scheduled weekly and more often as necessary for the competent and timely execution of the work under the Contract. These meetings will be chaired by the ENGINEER. 3. The CONTRACTOR Is Project Manager and Field Supervisor shall attend each meeting. 4. The CONTRACTOR shall supply, as requested by the ENGINEER, an updated schedule for work to be performed in the next two weeks. E-12 Fair Oaks Park Improvements Project P3021 6-7 TIME OF COMPLETION 6-7.1 General Add to Section 6-7.1 "General" as follows.- Time ollows.Time is of the essence in the performance of the work. The CONTRACTOR shall diligently start the work within 10 working days from the issuance of the date of the Notice to Proceed Letter and prosecute the work to its completion, including the punchlist items, within 45 working days, exclusive of any extended working hours/days and plant maintenance and establishment period(s). Notice to Proceed letter will be issued within 5 working days from the date of the preconstruction meeting and the first working day will be counted from the date indicated on the Notice to Proceed Letter. 6-7.2 Working Day Add to Section 6-7.2 "Working Day" as follows: CONTRACTOR's activities shall be restricted to those hours indicated above. Failure of the CONTRACTOR to adhere to aforementioned construction hours and lane closure hours stated in the contract documents will result in penalizing the General CONTRACTOR $1,000 per each occurrence per working day for violation of construction hours. The penalized amount will be deducted from the General CONTRACTOR's monthly progress payment. Any repeated occurrence for the violation of the construction hours and/or lane closure hours will deem shutting down the work and the CONTRACTOR will be charged for the working day for each day of work shut down. The CONTRACTOR shall provide qualified and experienced flagmen and construction signs for the trucks and equipment to move in and out of the construction zones or closed traffic lanes. The CONTRACTOR is also required to submit truck route plan for CITY's Traffic Division approval prior to proceeding with the activities. The cost for those activities shall be considered as included in the bid item for the "Traffic Handling and Construction Area Signs" or other related items of work. No work shall be performed by the CONTRACTOR on Saturday, Sunday, or on AGENCY -designated holidays. Days designated as holidays by the AGENCY are listed below in Table 1. 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. TABLE 1 AGENCY -DESIGNATED HOLIDAYS Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas' Eve (Noon to 5 PM) (2016) Monday, January 18, 2016 Monday, February 15, 2016 Monday, May 30, 2016 Monday, July 4, 2016 Monday, September 5, 2016 Friday, November 11, 2016 Thursday, November 24, 2016 Friday, November 25, 2016 Friday, December 23, 2016 E-13 Fair Oaks Park Improvements Project P3021 Christmas Day New Year's Eve (Noon to 5 PM) New Year Martin Luther King Day Presidents' Day Monday, December 26, 2016 Friday, December 30, 2016 Monday, January 2, 2017 Monday, January 16, 2017 Monday, February 20, 2017 6-9 LIQUIDATED DAMAGES Delete and replace Section 6-9 "Liquidated Damages" as follows.- Failure ollows:Failure of the CONTRACTOR to complete the entire contract work including all the punch list items within the time allowed as stated in Section 6.7 (Time of Completion) will result in damages being sustained by the AGENCY. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work, as adjusted in accordance with 6-6, the CONTRACTOR shall pay to the AGENCY, or have withheld monies due it, the sum of $1,000.00 per Working Day, unless otherwise specified in the Special Provisions. Due to the Federal funding project, Liquidated damages will not be waived, if the CONTRACTOR exceeds the contractual working days obligation. Execution of the Contract shall constitute agreement by the AGENCY and CONTRACTOR that $1,000.00 per Working Day is the minimum value of the costs and actual damage caused by the failure of the CONTRACTOR to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the CONTRACTOR is such delay occurs. SECTION 7 - RESPONSIBILITIES OF CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES. 7-1.2 Temporary Utility Services. Add to Section 7-1.2 "Temporary Utility Services" the following.- The ollowing.The CONTRACTOR shall make arrangements with Santa Clarita Water Company to obtain water from designated fire hydrants at or near the project for use in dust control and soil compaction. It shall be the responsibility of the CONTRACTOR to pay for the water and any deposits required. The cost to furnish and apply water shall be included in the related items of work and no additional compensation shall be made thereof. 7-2 LABOR 7-2.2 LAWS Add to Section? -2.2 "Laws" as follows: 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. E-14 Fair Oaks Park Improvements Project P3021 7-3 LIABILITY INSURANCE Replace the second and third paragraphs of Section 7- 3 "Liability Insurance" and replace with following: Liability insurance coverage requirements are as follows: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $ 2,000,000 Products/Completed Operations Hazard $ 2,000,000 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. 7-5 PERMITS Subsection 7-5 of the SSPWC is hereby deleted and replaced with the following: Prior to the start of work, the CONTRACTOR shall take out all applicable AGENCY permits including LACDPW and Caltrans 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 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. Permit fees associated with the contract shall be considered as included in the bid item no. 1 (Mobilization/Demobilization and etc) 7-6 CONTRACTOR'S REPRESENTATIVE Add to Section 7-6 "Contractor's Representative" as follows: The CONTRACTOR's Representatives (Superintendent and Foreman) are required to be accessible by cellular phone at all times. 7-7 COOPERATION AND COLLATERAL WORK Add to Section 7-7 "Cooperation and collateral work" as follows: The CONTRACTOR shall coordinate all work with the CITY and other CITY CONTRACTOR's or CITY construction crews within the work area. Special (on-site) meeting may be needed if issues were to encounter during the construction phase with CITY's staff, the CONTRACTOR's Representative and businesses and residents. Pending on the issue(s), the CONTRACTOR is required to take care of the issue(s) within 24 hours if it's within the contract work. If the issue(s) is not part of the contract work, CITY may issue a change order work to resolve the issue(s). 7-8 WORK SITE MAINTENANCE 7-8.1 GENERAL — Add the following: a. The CONTRACTOR shall comply with Section 7-8.1, "General," of the Standard Specifications and Section 14-9.02 "Air Pollution Control," of the Caltrans E-15 Fair Oaks Park Improvements Project P3021 Standard Specifications. The CONTRACTOR must comply with the City of Santa Clarita's Municipal Code and State Regulations. b. Storm Water treatment and dust control shall be the responsibility of the CONTRACTOR. A CITY -approved SWPPP is provided to the CONTRACTOR. A copy shall be available on-site during construction. Implementation of the Plan is the responsibility of the CONTRACTOR. The SWPPP applies to the project area and the CONTRACTOR's staging/storage yard. c. The CONTRACTOR shall comply with the Board's Construction and Demolition Ordinance per the California Integrated Waste Management Act of 1989, commonly referred to as Assembly bill 939 (AB939). This ordinance requires that at least 50% of all construction and demolition materials and inert waste from construction, demolition, and grading projects be diverted from landfills. The CONTRACTOR shall prepare a Construction and Demolition Materials Management Plan (C&DMMP) in accordance with the guidelines established by the Board. The C&DMPP must be completed prior to the start of construction. The C&DMPP shall be reviewed and approved by the Board prior to the start of construction. The completed C&DMPP shall, at a minimum, comply with Section 15.46.300 of the Board's Municipal Code. d. The following three conditions must be met in order to obtain approval of the C&DMMP: (1) the C&DMMP provides all the information set forth in Sections 15.46.3001 15.46.310, and 15.46.320 of the Board's Municipal Code; (2) the C&DMMP indicates that the appropriate Diversion Requirements will be met; (3) the CONTRACTOR has submitted an appropriate Diversion Security Deposit in compliance with Section 15.46.400 of the Board's Municipal Code. 7-8.2 AIR POLLUTION CONTROL Section 7-8.2, Air Pollution Control, is amended by adding thereto the following Subsection 7-8.2.1, "Dust Control" as follows: The CONTRACTOR's grading supervisor shall have completed the SCAQMD's Dust Control in the South Coast Air Basin (Rule 403) compliance training class in the past 12 months. Dust generated by traffic, CONTRACTOR's operations, or wind are all included in the definition of "dust." All activities shall be in compliance with the South Coast Air Quality Management District's (SCAQMD) Rule 403. Fugitive Dust requirements. High wind condition is defined as instantaneous wind speeds exceeding 25 miles per hour (SCAQMD Rule 403, (c), (19), High Wind Conditions). Inactive Disturbed Surface Area means any disturbed surface area upon which active operation have not occurred or are not expected to occur for a period of 20 consecutive days. (SCAQMD Rule 403, (c), (20), Inactive Disturbed Surface Area). Stabilized Surface means any previously disturbed surface area or open storage pile which, through the application of dust suppressants, shows visual or other evidence of surface crusting and is resistant to wind -driven fugitive dust and is demonstrated to be stabilized. Stabilization can be demonstrated by one or more of the applicable test methods contained in the Rule 403 Implementation Handbook. (SCAQMD Rule 403, (c), (31), Stabilized Surface). E-16 Fair Oaks Park Improvements Project P3021 In order to reduce PM10 emissions to the maximum extent feasible, the CONTRACTOR shall take these measures during the following operations: Earth Moving • During high wind conditions, cease all active operations; OR • Apply water to soil not more than 15 minutes prior to moving soil. Disturbed Surface Area • On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for not more than four consecutive days: apply water with a chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of 6 months; OR Apply chemical stabilizers prior to a wind event; OR • Apply water to all unstabilized disturbed areas 3 times per day. If there is any evidence of wind driven fugitive dust, watering frequency is increased to a minimum of four times per day; OR • Establish a vegetative ground cover within 21 days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 percent of unstabilized ground within 90 days of planting, and at all times thereafter; OR • Utilize a combination of the above control actions such that, in total, these actions apply to all disturbed surface areas. Unpaved Roads Apply chemical stabilizers prior to a wind event; OR • Apply water twice per hour during active operation; OR • Stop all vehicular traffic. Open Storage Piles • Apply water twice per hour during active operation; OR Apply chemical stabilizers; OR Install temporary coverings. Paved Road Track -out • All vehicles must exit through the designated construction exit; AND • Cover all haul vehicles. ; All Categories • Any other control measure approved by the Executive Officer and the U.S. EPA as equivalent to the methods specified above may be used. In order to reduce PM10 emissions to the maximum extent feasible, the CONTRACTOR shall take these measures during the following operations: Earth Moving (Except Construction) E-17 Fair Oaks Park Improvements Project P3021 Maintain soil moisture content at a minimum of 12 percent, as determined by ASTM method D 2216, or other equivalent method approved by the Executive Officer, the California Air Resources Board, and the U.S. EPA. Two soil moisture evaluations must be conducted during the first three hours of active operations during a calendar day, and two such evaluations each subsequent 4 -hour period of active operation; OR For any earth -moving that is more than 100 feet from all property lines, conduct watering as necessary to prevent visible dust emissions from exceeding 100 feet in length in any direction. Earth Moving (Construction Fill Areas) • Maintain soil moisture content at a minimum of 12 percent, as determined by ASTM method D2216, or other equivalent method approved by the Executive Officer, the California Air Resources Board, and the U.S. EPA. For areas which have an optimum moisture content for compaction of less than 12 percent, at determined by ASTM method 1557 or other equivalent method approved by the Executive Officer and the California Air Resources Board, and the U.S. EPA, complete the compaction process as expeditiously as possible after achieving at least 70 percent of the optimum soil moisture content. Two soil moisture evaluations must be conducted during the first 3 hours of active operations during a calendar day, and two such evaluations during each subsequent 4 -hour period of active operations. Earth Moving (Construction Cut Areas) • Conduct watering as necessary to prevent visible emissions from extending more than 100 feet beyond the active cut or mining area unless the area is inaccessible to watering vehicles due to slope conditions or other safety factors. Disturbed Surface Areas (Except Completed Grading Areas) • Apply dust suppression in sufficient quantity and frequency to maintain a stabilized surface. Any areas which cannot be stabilized, as evidenced by wind driven fugitive dust must have an application of water at least twice per day to at least 80 percent of the unstabilized area. Disturbed Surface Areas (Completed Grading Areas) • Apply chemical stabilizers within five working days of grading completion, OR • Apply water to at least 80 percent of all inactive disturbed surface areas on a daily basis when there is evidence of wind driven fugitive dust, excluding any areas which are inaccessible to watering vehicles due to excessive slope or other safety conditions; OR Apply dust suppressants in sufficient quantity and frequency to maintain a stabilized surface. Inactive Disturbed Areas • Apply water to at least 80 percent of all inactive disturbed surface areas on a daily basis when there is evidence of wind driven fugitive dust, excluding any areas which are inaccessible to watering vehicles due to excessive slope or other safety conditions; OR Establish a vegetative ground cover within 21 days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 E-18 Fair Oaks Park Improvements Project P3021 percent of unstabilized ground within 90 days of planting, and at all times thereafter; OR Utilize any combination of control action AQ -23, AQ -24, and AQ -25 such that, in total, these actions apply to all inactive disturbed surface areas. Track -out Operations • Install a pad consisting of washed gravel (minimum -size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long. • Pave the surface extending at least 100 feet and at least 20 feet wide. • Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages before the vehicles exit the site. • Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. • Any other control measures approves by the Executive Officer and the U.S. EPA as equivalent to the actions specified in SCAQMD Rule 404, (d)(5)(A) through (d)(5)(D). The CONTRACTOR shall be responsible for watering the work area where dust is generated from CONTRACTOR's operations, and wind. CONTRACTOR's area of operations includes areas outside of the roadbed limits where excavation, fill, or stockpiling of dirt or debris has taken place. The CONTRACTOR is responsible for monitoring all of the above-described areas in the project area during the life of the project, including holidays and weekends. The CONTRACTOR shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Equipment shall be turned off when not in use for longer than 5 minutes. Equipment shall be removed from the site as soon as it is no longer necessary for the project. Within 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. PAYMENT Payment for maintaining dust control and air contaminates within the project area shall be considered as included in the contract price paid in LUMP SUM Bid Item # 2 for "Temporary Construction;BMPS/recycling/Temp Fencing," and no additional compensation shall be allowed. 7-8.3 Noise Control: Add the following to Section 7-8.3 The project shall follow standard noise abatement regulations as specified by the City of Santa Clarita Municipal Code Section 11.44.080, which restricts construction activities E-19 Fair Oaks Park Improvements Project P3021 within 300 feet of residentially zoned property to weekdays between 7:00 a.m. and 7:00 p.m. A noise level of 86 db at a distance of 50 feet shall apply to all construction equipment in 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. The construction CONTRACTOR shall locate equipment and staging areas as far from buildings as possible, and the construction CONTRACTOR shall limit unnecessary idling of equipment. The construction CONTRACTOR shall install and maintain effective mufflers on construction equipment. The construction CONTRACTOR shall locate equipment and staging areas as far from buildings as possible, and the construction CONTRACTOR shall limit unnecessary idling of equipment. Whenever feasible, electrical power shall be used to run air compressors and similar power tools rather than diesel equipment. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. PAYMENT Full compensation for conforming to the requirements of this section shall be considered as included in the contract price in LUMP SUM for "Mobilization," and no additional compensation shall be allowed. 7-8.6 Water Pollution Control Add to Section 7-8.6 "Water Pollution Control" as follows: Replace 7-8.6.1, 7-8.6.21 7-8.6.3 and 7-8.6.5 with the following Water pollution control known from here on is known as Storm Water Pollution Prevention Plan or SWPPP. Work shall conform to the provisions of the: National Pollution Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water Associated with Construction and Land Disturbance Activities Order No. 2 009- 0009 (NPDES No. CA S000002) or CGP. hftp://www.waterboards.ca.qov/water issues/pro rams/stormwater/const ermits.shtmI All SWPPP activities shall be in compliance with the above-named permit and the latest version of the California Stormwater Quality Association or CASQA Construction BMP Handbook (November 2009). Copies of the CASQA Construction BMP Handbook are available at: hftp://www.casga.org/LeftNavigation/ConstructionBMPHandbookPortalSWPPPTemplate /tabid/2 00/Defa u it. a s px NOTE: unlike the State's previous general storm water permits for construction, there is no longer a distinction between the rainy and non -rainy seasons. The entire SWPPP shall be fully implemented throughout the entire project. E-20 Fair Oaks Park Improvements Project P3021 The CONTRACTOR shall know and fully comply with the CGP including its requirement to have a Qualified SWPPP Developer (QSD) assemble and maintain the SWPPP (when applicable) and Qualified SWPPP Practitioner (QSP) implement and maintain the BMPs. The City of Santa Clarita has a complete SWPPP and has submitted the Permit Registration Documents (PRDs) through the State's SMARTS website to apply for CGP coverage of the project. 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 and approved borrow site 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/Storm Water Pollution Prevention" including, but not limited to, compliance with the applicable provisions of the CASQA Construction BMP Handbook, 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 City of Santa Clarita 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 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 30 days notice of the City'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 9-1.06, "Partial Payments," of the Standard Specifications. Conformance with the provisions in this section "Water Pollution Control/Storm Water Pollution Prevention" shall not relieve the CONTRACTOR from the CONTRACTOR's responsibilities as provided in Section 7, "Responsibilities of the Contractor" of the Greenbook's Standard Specifications for Public Works Construction (2012). STORM WATER POLLUTION PREVENTION PLANS: The ENGINEER's QSD shall amend the SWPPP (if applicable), graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems or when deemed necessary by the ENGINEER. The SWPPP shall be amended if the SWPPP has not achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional BMPs or E-21 Fair Oaks Park Improvements Project P3021 revised operations, including those in areas not shown in the initially approved SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and approval by the ENGINEER in the same manner specified for the initially approved SWPPP. Amendments shall be dated and attached to the on-site SWPPP. The CONTRACTOR shall keep a copy of the SWPPP, together with updates, revisions and amendments at the project site. SWPPP IMPLEMENTATION The CONTRACTOR shall employ a Qualified SWPPPs Practitioner (QSP) who will perform or supervise and be responsible throughout the duration of the project for installing, constructing, and maintaining the BMPs described in the SWPPP and any amendments thereto and for removing and disposing of temporary BMPs when they are no longer needed or have been replaced. Unless otherwise directed by the ENGINEER or specified in these special provisions, the CONTRACTOR's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of BMPs are specified in the CASQA Construction BMP Handbook and these special provisions. Soil stabilization practices and sediment control measures, shall be provided throughout the entire year. The CONTRACTOR's QSP shall demonstrate the ability and preparedness to fully deploy soil stabilization practices and sediment control measures to protect soil - disturbed areas on the project site before the onset of precipitation. A quantity of soil stabilization and sediment control materials shall be maintained on site sufficient to protect unprotected, soil -disturbed areas on the project site. Disturbed -soil areas on the project site shall be considered to be non-active when those areas have been disturbed and are not scheduled to be re -disturbed for at least fourteen (14) days. Effective soil cover shall be provided during this condition which includes; finished slopes, open space, utility backfill and completed lots or building pads. Active disturbed -soil areas of the project site shall be fully protected at the end of each day with soil stabilization practices and sediment control. The weather forecast shall be monitored by the CONTRACTOR on a daily basis. The National Weather Service forecast shall be used. If precipitation is predicted prior to the end of the following work day, BMPs shall be fully implemented. The CONTRACTOR shall implement throughout the duration of the project, BMPs included in the SWPPP for tracking control, wind erosion control, non -storm water control, and waste management and material pollution control. The ENGINEER may order the suspension of construction operations, which create water pollution if the CONTRACTOR fails to conform to the provisions in this section "Water Pollution Control/Storm Water Pollution Prevention" as determined by the ENGINEER. E-22 Fair Oaks Park Improvements Project P3021 MAINTENANCE To ensure the proper implementation and functioning of BMPs, the CONTRACTOR's QSP shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The CONTRACTOR's QSP shall identify corrective actions and time needed to address any deficient measures or reinitiate any BMPs that have been discontinued. All repair and correction shall begin within 72 -hours of notice or before the next storm forecasted with 50% or greater chance whichever is sooner. Disturbed soil areas within the project shall be protected in conformance with the requirements in the Construction Site SWPPP with an effective combination of soil stabilization and sediment control. Attention shall be focused on prevention of pollution rather on its removal from runoff, as such, soil stabilization BMPs are of the highest priority. If the CONTRACTOR or the ENGINEER identifies a deficiency in the deployment or functioning of an identified BMP, 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 72 -hours after notice or before the next storm forecasted with 50% or greater chance which ever is sooner. The correction of deficiencies shall be at no additional cost to the CITY. Upon completion of the project all disturbed -soil areas shall be stabilized. Stabilization may be from constructed facilities, flat work, paved roadways or walkways, hardscape improvements, landscaping, a thick application of wood chips, mulch or gravel, rolled erosion control blankets and/or through a chemical stabilizer designed with a three (3) year life against foot traffic. PAYMENT Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices in LUMP SUM Bid Item # 2 for "Temporary Construction/BMPS/Recycling/Temp Fencing," and no additional compensation shall be allowed. The ENGINEER will retain an amount equal to 25% 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 / Storm Water Pollution Prevention Plan" as determined by the ENGINEER. Retentions for failure to conform to the provisions in this section "BMP Plans" 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 a BMP Plan has been implemented and maintained and water pollution is adequately controlled, as determined by the ENGINEER. 7-8.9 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT Section 7-8, Project Site Maintenance, is amended by adding thereto the following Subsection 7-8.9 as follows: E-23 Fair Oaks Park Improvements Project P3021 The CONTRACTOR shall comply with the CITY's Construction and Demolition Material Management Ordinance per City of Santa Clarita Municipal Code Section 15.46, parts 1- 3 and 5. This requires that at least 50% of all construction and demolition materials and inert wastes from construction, demolition, 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 ENGINEER, or the ENGINEER's Designee for approval. The Notice to Proceed shall not be issued until the C&DMMP has been approved by the ENGINEER or Designee. The C&DMMP shall provide all of the information set forth in Section 15.46.300 of the City's Municipal Code. The C&DMMP indicates that the Diversion Requirement will be met. The following three conditions must be met in order to obtain final payment: 1. Within one hundred eighty (180) days after the completion of the project, the CONTRACTOR shall submit to the ENGINEER, or Designee documentation that the CONTRACTOR has met the diversion requirement for the project. • Receipts and gate tickets from the vendor or facility which collected or received C & D material showing the actual weight of that material or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill: • A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility, or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; • Any additional information the CONTRACTOR believes is relevant to determining its efforts to comply in good faith with this requirement. 2. The Administrator or the Administrator's Designee shall review the information submitted and determine whether the CONTRACTOR complied with the construction and demolition materials management plan. 3. If the Administrator or the Administrator's Designee determines that the CONTRACTOR has fully complied with the construction and demolition materials management plan applicable to the project, the Administrator or the Administrator's Designee may authorize final payment. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Subsection 7-9 of the SSPWC is hereby amended as follows: The third paragraph is hereby deleted and replaced with the following: This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other construction areas, their modification, reconstruction, or replacement and their demolition and removal, as specified, shown or req u i red. E-24 Fair Oaks Park Improvements Project P3021 Types of existing improvements and services consist of but are not limited to existing roads, sidewalk, landscaping, irrigation, signs, ditches and associated structures; water appurtenances; and telephone lines, buried communications cable, buried water pipe including transite pipe, buried gas pipes, buried sewer pipe; walls, fences and gates. To the extent possible, the locations of such facilities are shown. Facilities other than those shown may exist and CONTRACTOR shall at all time exercise care to avoid physical damage to or disruption in the service of existing facilities. Existing improvements visible at the job site, for which no specific disposition is made on the Plans, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Plans, shall be removed and disposed of by the CONTRACTOR. CONTRACTOR shall make all necessary modifications, relocations and reconstruction of structures such as culverts, drainage facilities and the like as necessary for construction of works described in these specifications. The CONTRACTOR shall, as directed by the ENGINEER, remove from all public and private property at its own expense all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work area obtained by the CONTRACTOR. It shall be the CONTRACTOR's responsibility to conduct his operations in such a manner so as to prevent damage to existing substructures. In the event of substructure damage, the CONTRACTOR shall bear full responsibility and total expense for repair and/or replacement of said substructure. The CONTRACTOR shall comply with Sections 401, 402 and 404 of the Clean Water Act and NPDES permit requirements during and following construction to ensure that dirt, construction materials, pollutants, or other human -associated materials are not discharged from the project area during construction. Locate, protect, and maintain benchmarks, monuments, control points, and project engineering reference points. Re-establish disturbed or destroyed items at CONTRACTOR's expense. Where damage is caused by the CONTRACTOR's operation, the CONTRACTOR shall at his expense, repair or replace the damaged facilities promptly in accordance with the Standard Specifications, Caltrans Standard Specifications and as directed by the representative or the Engineer. 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. All costs to the CONTRACTOR for protecting, removing, restoring, relocating, repairing, replacing or reestablishing existing improvements for which no specified bid item is listed shall be included in related items of work and no additional compensation will be allowed. DAMAGES TO CITY TREES E-25 Fair Oaks Park Improvements Project P3021 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 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 (300-1.2) 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 $2,000.00. Execution of the contract shall constitute agreement by the AGENCY and the CONTRACTOR that $2,000.00 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 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access - Add to Section 7-10.1 "Traffic and Access" as follows: All lane closures shall be scheduled with the approval of 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. When entering, leaving or operating on roadways carrying public traffic, CONTRACTOR'S equipment, whether empty or loaded, shall in all cases yield to public traffic. CONTRACTOR'S trucks shall not be permitted to bock at all time to the left turn/U turn pocket lane. Haul trucks shall be covered with tarps and secured prior to entering the traffic lanes. The CONTRACTOR shall submit to the AGENCY for review and approval a truck routing map prior to commencement of construction. Flagmen shall be provided when directed by the AGENCY for the safety of the general public and work personnel. All access driveways for businesses shall remain open at all times. All traffic control procedures shall be implemented according to guidelines as set forth in the Work Area Traffic Control Handbook (W.A.T.C.H.) Manual and the manual on Uniform Traffic Control Devices (MUTCD) Manual. E-26 Fair Oaks Park Improvements Project P3021 7-10.4.1 NOTIFICATION TO THE PUBLIC Add to Section the following; The CONTRACTOR shall notify the occupants of properties and property Management group of the businesses affected by the work. Notification shall be by delivery of handbill furnished by the AGENCY. Handbill shall be distributed at least 48, but no more than 72 hours in advance. In no event shall handbills be placed in or on any portion of the owner's mailbox. Affected properties will be determined by the ENGINEER and are, in general, affected residents and those properties that fall within 500 feet of the limits of the work. One copy of each handbill shall be submitted to the ENGINEER. The CONTRACTOR shall notify the CITY by email that the handbills have been distributed. 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 AM on the day following distribution of the notices. The email notification to the CITY shall contain a map showing the limits of distribution and the dates and times distributed. A separate email shall be sent for each distribution. The CITY will use the information on the emails to verify that the distribution has been performed. If the distribution is not verified by the CITY, the CITY will email to the CONTRACTOR's representative the locations which must be redistributed with new information. The CONTRACTOR shall not perform work in the distribution area without email notification of verification by the CITY of the distribution. 7-10.4.3 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES Add to Section 7- 10.4.3 "Special Hazardous Substances and Processes" as follows: Spills along the roadway shall be removed as quickly as practical. Hazardous materials and motor vehicle fluids shall be removed from the site. Contaminated soil shall also be removed or remediate as soon as practical. Cleanup priorities shall include health and safety and protection of streams and other habitats. A contingency plan will be implemented based on an agreement between the CITY and the CONTRACTOR per the "Changes of Work" section herein. 7-10.4.5 Protection of the Public Section 7-10.4, Safety, is amended by adding thereto the following Subsection 7-10.4.5 as follows: It is part of the service required of the CONTRACTOR shall make whatever provisions are necessary to protect the public. The CONTRACTOR shall use foresight and shall take such steps and precautions as his operations warrant to protect 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 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 E-27 Fair Oaks Park Improvements Project P3021 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 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 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. PAYMENT The payment for Section 7-10.4.1 thru .5 shall be considered as included in the lump sum price paid in the bid item for "Mobilization/Demobilization, Bonds and Insurance." The lump sum price act lump sum basis and shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals, and for doing all the work involved in maintaining and controlling the traffic, complete in place, as specified in these General Provisions. Full compensation for additional items and work, not specifically detailed or specified, but essential to the maintaining and controlling of traffic, shall be considered as included and no additional compensation shall therefore be allowed. SECTION 9 - MEASUREMENT AND PAYMENT 9-3.2 Partial and Final Payment - Subsection 9-3.2 of the SSPWC is hereby deleted and replaced with the following: The closure date for the purpose of making monthly 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 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 5 percent will be retained from all progress amounts due. The Agency will release a 25% of the retention amount once the construction is completed and accepted by the Agency's Project Manager; the next 25% of the retention amount will be released to the Contractor once the first 90 days of plant maintenance and establishment is completed E-28 Fair Oaks Park Improvements Project P3021 and accepted by the Agency's Project Manager; and the remaining 50%of the retention amount will be authorized for final payment 35 days after the date of recordation of the Notice of Completion. The Agency will not be filing for the Notice of Completion until either 90 days or 180 days of plant maintenance and establishment periods is completed and accepted by the Agency. 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." 9-3.3 Delivered Materials Section 9-3.3 "Delivered Materials" is hereby deleted and replaced as follows: 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. 9-4 BID SCHEDULE MEASUREMENT AND PAYMENT: Subsection is hereby added as follows: 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 E-29 Fair Oaks Park Improvements Project P3021 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. The Agency will be issuing a progress payment on a monthly basis only. SECTION 10 - CONSTRUCTION CLAIMS Add Section 10 as follows: 10-1 GENERAL In addition to notices and reports required by the contract documents, the CONTRACTOR shall comply with the provisions of this Section. 10-2 NOTICE OF POTENTIAL CLAIM The CONTRACTOR shall not be entitled to the payment of any additional compensation for any act, failure to act, by the ENGINEER, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the ENGINEER due written notice of potential claim as hereinafter specified. The written notice of potential claim shall set forth the reasons for which the CONTRACTOR believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the ENGINEER prior to the time that the CONTRACTOR shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the ENGINEER, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention of this Subsection 10-2 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the ENGINEER at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The CONTRACTOR hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written notice of potential claim as herein required was filed. 10-3 CLAIMS Claims shall be resolved in accordance with Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) of the Public Contract Code. All claims shall be in writing and shall E-30 Fair Oaks Park Improvements Project P3021 include the documents necessary to substantiate the claims. Claims must be filed on or before the date of final payment. For claims of less than $50,000, the AGENCY will respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or to the claim the AGENCY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to mutual agreement of the AGENCY and the CONTRACTOR. The AGENCY's written response to the claim, as further documented, will be submitted to the CONTRACTOR within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information, whichever is greater. For claims of over $50,000 and less than or equal to $375,000, the AGENCY will respond in writing to all written claims within 60 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the AGENCY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to mutual agreement of the AGENCY and the CONTRACTOR. The AGENCY's written response to the claim, as further documented, will be submitted to the CONTRACTOR within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information or requested documentation, whichever is greater. If the CONTRACTOR disputes the AGENCY's written response, or the AGENCY fails to respond within the time prescribed, the CONTRACTOR may so notify the AGENCY, in writing, either within 15 days of receipt of the AGENCY's response or within 15 days of the AGENCY's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the AGENCY will schedule a meet and confer conference within 30 days for settlement of the dispute. Following the meet and confer conference, if the claim or any portion remains in dispute, the CONTRACTOR may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR first submits his or her written claim until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. The following procedures are established for all civil actions filed to resolve claims subject to this Section: 1. Within 60 days, but no earlier than 30 days, following the filing or responsive E-31 Fair Oaks Park Improvements Project P3021 pleadings, the court will submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15 -day period, any party may petition the court to appoint the mediator. 1. 2. (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this Subsection consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this Section shall be experienced in construction law, and upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo E-32 Fair Oaks Park Improvements Project P3021 SECTION F. SPECIAL PROVISIONS SECTION F - SPECIAL PROVISIONS For FAIR OAKS PARK IMPROVEMENTS Bid # ENG -16-17-P3021 City Project No. P3021 City of Santa Clarita, California Except as modified by the drawings and plan notes, the Standard Specifications for Public Works Construction (SSPWC), 2015 edition, and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association, constitute the Standard Specifications for this project. However, City of Santa Clarita standards or construction plates shall take precedence over the Standard Specifications. TABLE OF CONTENTS PAGE GENERALITEMS........................................................................................................F-2 BID ITEM 1 - MOBILZATION/DEMOBILIZATION,BONDS AND INSURANCE ......... F-2 BID ITEM 2 - TEMP CONSTRUCTION;BMPS/RECYCLING/TEMP FENCE ............ F-3 DEMOLITION AND SITE PREPARATION...................................................................F-4 BID ITEM 3 - REMOVAL & DISPOSAL OF DECOMPOSED GRANITE PATH, 4" THICK & HEADER BOARDS....................................................................................................F-4 BID ITEM 4 - REMOVAL & DISPOSAL OF IRRIGATION LATERAL LINES AND ROTORS....................................................................................................................... F-4 BID ITEM 5 - TREE REMOVAL 411 ............................................................................... F-4 BID ITEM 6 - EXCAVATION & REMOVAL OF SOIL, VOLLEBALL AREA ................. F-4 BID ITEM 7 - EXCAVATION & BACKFILL SOIL TO EXISTING VOLLEYBALL COURT SAND............................................................................................................................. F-4 BID ITEM 8 - REMOVAL & DISPOSAL OF EXISTING VOLLEYBALL CONCRETE CURB............................................................................................................................. F-4 BID ITEM 9 - EXCAVATE AND BACKFILL SOIL TO EXISTING VOLLEYBALL COURT.......................................................................................................................... F-4 BID ITEM 10 - CLEARING & GRUBBING (LIGHT) VOLLEYBALL COURT PERIMETER.................................................................................................................. F-4 SAND VOLLEYBALL COURT.......................................................................................F-5 BID ITEM 11 - GARDI NG AT VOLLEYBALL PERIMETER ......................................... F-6 BID ITEM 12 - VOLLEYBALL COURT PERIMETER CONRETE PAVING ................ F-7 BID ITEM 13 - PERFORATED DRAINAGE PIPE AT VOLLEYBALL COURT.......... F-6 BID ITEM 14 - SAND, 18"-24" DEPTH; WASHED AGGREGATE BASE 611 ..............F-6 BID ITEM 15 - LANDSCAPE FABRIC..........................................................................F-6 BID ITEM 16 - METAL POSTS, FOOTINGS, CAP, NET ROPE BOUNDARIES ...... F-6 BID ITEM 17 - PAVE PATH.......................................................................................... F-7 PLANTING..................................................................................................................... F-8 BID ITEM 18 - SOIL PREPARATION/AMENDMENT..................................................F-8 BID ITEM 19 - TURF SEEDING................................................................................... F-8 IRRIGATION................................................................................................................ F-18 BID ITEM 20 - LATERALS AND FITTINGS................................................................F-21 BID ITEM 21 - ROTORS..............................................................................................F-21 BID ITEM 22 - 6" POP -UPS........................................................................................ F-24 Fair Oaks Park Improvements F-1 SPECIAL PROVISIONS - TECHNICAL This project consists of the following plans: Sheet 1 L0.01 TITLE SHEET Sheet 2 L0.02 DEMOLITION PLAN Sheet 3 L1.01 SITE PLAN - CONCRETE PAVING Sheet 4 L1.02 SITE PLAN — VOLLEY BALL COURT Sheet 5 L1.03 DETAILS SHEET Sheet 6 L2.01 IRRITATION PLAN Sheet 7 L2.02 REFERENCE IRRIGATION AS-BUILTS Sheet 8 L3.01 PLANTING PLAN BID ITEM MEASUREMENT AND PAYMENT SCHEDULE The Fair Oaks Park Improvements measurement and payment is generally organized according to lump sum or unit prices. If an appurtenant facility, specific piece of equipment, or any other improvement is listed in the bid schedule, all units are to be included as part of that line item. Items that do not appear as line item improvements are included as part of other applicable bid items and no additional payment will be made therefore. GENERAL ITEMS BID ITEM 1 — MOBILIZATION/DEMOBILIZATION, BONDS AND INSURANCE A. SCOPE The scope of work for MOBILIZATION/DEMOBILIZATION, BONDS, AND INSURANCE shall include all costs associated with insurance, bonds, required permits and fees, obtaining an on-site storage yard for temporary soil stockpile at project site, preparation of project schedule, project staging, supervision, coordination of concurrent work with utility agencies and others, including any adjustment to utility purveyor hand -holes and valve cans to grade, capping removing and/or abandoning existing facilities as called for in these plans, soil import or export if necessary to adjust to finished grade as described in the general provisions, moving off the job (demobilization), "as -built" plans required to perform the work indicated in the plans and specifications, contractors meetings required to perform the work indicated in the plans and specifications and work to setup equipment storage. B. MATERIALS AND METHODS MOBILIZATION/DEMOBILIZATION, BONDS & INSURANCE shall be implemented as specified in the General Provisions and according to the SSPWC. Fair Oaks Park Improvements F-2 C. MEASUREMENT AND PAYMENT Measurement and payment will be made for MOBILIZATION/ DEMOBILIZATION, BONDS & INSURANC at the contract lump sum price indicated in the Bid Schedule and shall not exceed 10% of the total contract amount. 90% Payment shall be distributed evenly in the monthly progress payment during the course of construction and after the Contractor has purchased bonds and insurance and completed all other mobilization work, City will postpone payments to this item starting at the first monthly progress payment. The final 10% payment shall be made when the contractor has demobilized as determined by the City Representative. BID ITEM 2 TEMPORARY CONSTRUCTION;BMPS/RECYCLING/TEMP FENCING A. MATERIALS & METHOD The CONTRACTOR shall employ a Qualified SWPPPs Practitioner (QSP) who will perform or supervise and be responsible throughout the duration of the project for installing, constructing, and maintaining the BMPs described in the SWPPP as provided by the CITY and any amendments thereto and for removing and disposing of temporary BMPs when they are no longer needed or have been replaced. Unless otherwise directed by the ENGINEER or specified in these special provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions of the Standard Specifications. Requirements for installation, construction, maintenance, removal, and disposal of BMPs are specified in the SWPPP, the CASQA Construction BMP Factsheets, and these special provisions and the requirements of the permits and guidelines contained in Section 7-8.6 of the General Provisions. Contractor shall implement and maintain the Storm Water Management & Erosion Control Plan prepared above to the satisfaction of the Agency. B. MEASUREMENT AND PAYMENT The lump sum contract price paid for TEMPORARY CONSTRUCTION/BMPS/RECYCLING/TEMP FENCING shall include full compensation for all work necessary to implement and maintain BMP's throughout the duration of the project, fulfillment of the City's recycling program and construction of temporary barriers as shown on the contract plans. D. MATERIALS AND METHODS TEMPORARY CONSTRUCTION;BMPS/RECYCLING/TEMP FENCING shall be implemented as specified in the General Provisions and according to the SSPWC. Fair Oaks Park Improvements F-3 E. MEASUREMENT AND PAYMENT Measurement and payment will be made for at the contract lump sum price indicated in the Bid Schedule and shall for TEMPORARY CONSTRUCTION;BMPS/RECYCLING/TEMP FENCING BID ITEMS 3-10 DEMOLITION AND SITE PREPARATION BID ITEM 2 — REMOVAL & DISPOSAL OF DECOMPOSED GANITE PATH, 4" THICK: & HEADER BOARDS BID ITEM 3 — REMOVAL & DISPOSAL OF IRRIGATION LATERAL LINES AND ROTORS AT VOLLEYBALL COURT BID ITEM 4 — TREE REMOVAL 4" PINES BID ITEM 3 — EXCAVATION AND REMOVAL OF SOIL, VOLLEYBALL COURT BID ITEM 6 — EXCAVATION AND REMOVAL OF EXISITNG VOLLEYBALL COURT SAND BID ITEM 7 — REMOVAL AND DISPOSAL OF VOLLEYBALL COURT PCC CURB BID ITEM 8 — EXCAVATE AND BACKFILL EXCAVATED SOIL TO EXISTING VOLLEYBALL COURT BID ITEM 9 - CLEARING, GRUBBING (LIGHT) VOLLEYBALL COURT PERIMETER A. SCOPE The scope of work for DEMOLITION, CLEARING, GRUBBING AND REMOVALS OF ABOVE MENTIONED ITEMS & REMOVAL OF EXISTING TREES shall include all labor, materials, equipment, incidentals, and for completing all work involved for removing and disposal of all natural and artificial objectionable materials from within construction areas as shown on the plans, as specified in these special provisions, and as directed by the Engineer. Removal and Disposal of Existing concrete curb and header boards, shall be removed and disposed as shown on the Demolition Plan and in accordance with Section 300-1 of SSPWC and the City of Santa Clarita CDMMP, unless otherwise shown. B. MATERIALS AND METHODS The CLEARING, GRUBBING AND REMOVAL & DISPOSAL OF ABOVE- MENTIONED ITEMS shall be performed in accordance with SSPWC Section 300- 1 "Clearing and Grubbing" and these Special Provisions and as noted on the project Plans. Existing structures to remain in service shall be protected and preserved and lowered or raised to finish grade and restored to service upon completion of the work. Objectionable material shall include any excess excavation not required to make finish subgrade. Fair Oaks Park Improvements F-4 REMOVAL OF EXISTING TREES - Trees to be removed shall be removed as shown on the plans. Remove entire tree, including stump, limbs, roots and other parts of the tree. Stumps and roots are to be ground and removed to a depth of 2.0 feet below finished grade within the medians. C. MEASUREMENT AND PAYMENT The payment for BID ITEM 3 - REMOVAL & DISPOSAL OF DECOMPOSED GRANITE PATH & HEADER BOARD will be at the contract unit price paid in Cubic Yard in accordance with the plans and special provisions. The payment for BID ITEM 4 — REMOVAL & DISPOSAL OF IRRIGATION LATERAL LINES AND ROTORS will be at the contract unit price paid per linear foot in accordance with the plans and special provisions. The payment for BID ITEM 5 - REMOVAL OF EXISTING TREES shall be based on the contract unit price per each tree to be removed including the acceptable disposal of trees and backfilling of the stump void, per these Plans and as directed by the Engineer. The payment for BID ITEM 6 — EXCAVATION AND REMOVAL OF SOIL, VOLLEYBALL COURT will be at the contract unit price paid per cubic yard in accordance with the plans and special provisions. The payment for BID ITEM 7 — EXCAVATION AND REMOVAL OF VOLLEYBALL COURT SAND will be at the contract unit price paid per cubic yard in accordance with the plans and special provisions. The payment for BID ITEM 8 — REMOVAL AND DISPOSAL OF EXISTING VOLLEYBALL COURT PCC CURB will be at the contract unit price paid per Linear foot in accordance with the plans and special provisions. The payment for BID ITEM 9 — EXCAVATE AND BACKFILL EXCAVATED SOILS TO EXISTING VOLLEYBALL COURT will be at the contract unit price paid per cubic yard in accordance with the plans and special provisions. The payment for BID ITEM 10 — CLEARING AND GRUBBING (LIGHT); VOLLEYBALL COURT PERIMETER will be at the contract unit price paid per Square foot in accordance with the plans and special provisions. BID ITEMS 11 & 13 THRU 16 — SAND VOLLEYBALL COURT A. SCOPE The Contractor shall conduct grading operation, debris removal and drainage construction to ensure minimum interference with walks, bike paths, and other adjacent occupied or used facilities. The Contractor shall ensure that all existing utilities remain in service and shall protect them against damage during demolition operations. Fair Oaks Park Improvements F-5 B. MATERIALS & METHODS The Contractor shall: 1) Perform demolition work in a systematic manner and use such methods as required to complete work indicated on the Plans in accordance with governing regulations. 2) Perform pavement saw cutting operations to neat, straight lines to the limits designated on the Plans. Where shown on the Plans, saw cut edges shall be made with smooth radius cuts. Saw cutting operations shall comply with Section 300-1.3.2 of SSPWC. Overcutting of concrete areas to remain is not permitted. 3) Provide services for effective air and water pollution controls as required by County Air Pollution Control District regulations and the project SWPPP. 4) Volleyball court: sand shall be granite based with no calcium or limestone, double washed and fee of clay and silt, with a particle size of .5 mm to 1 mm. 5) Landscape Fabric: shall be constructed of UV -Resistant polyethylene, with a thickness of .43 mm, and be permeable to water and air. 6) Perorated Drain Pipe: 4" perforated pipe shall be schedule 40 PVC made from an NSF approved Type I, Grade I, PVC compound conforming to ASTM resin specification D1784 and product design specification ASTM 2241, with belled end. Perforations in two rows of holes, 120 degree apart, parallel to the axis of the pipe, holes are Y2" I diameter and are on 5" center. Solvent cement and primer of PVC solvent -weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 7) Metal Posts, Footings, Net and Rope Boundaries: shall be provided complete as a volleyball net assembly; Posts and Nets shall be by L.A. Steelcraft Products: Posts model #AGA Nets model V13-1200, Ropes model # BR -6. C. MEASUREMENT & PAYMENT Measurement and payment for SAND VOLLEYBALL COURT CONSTRUCTION ITEMS shall be based on unit prices listed below. Payment for these items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Grading Operations, complete in place, as shown on the Plans, as specified in the SSPWC and these Special Provisions, and as directed by the City Representative. BID ITEM 11 — GRADING AT VOLLEYBALL COURT PERIMETER shall be based on the contract unit price per square foot per the dimensions on the Plans and as directed by the Engineer Fair Oaks Park Improvements F-6 BID ITEM 13 — PERFORATED DRAINAGE PIPE AT VOLLEYBALL COURT shall be based on the contract unit price per Square foot per the dimensions on the Plans and as directed by the Engineer. BID ITEM 14 — SAND, 18"-24" DEPTH; WASHED AGGREGATE. BASE V shall be based on the contract unit price per cubic yard per the dimensions on the plans and as directed by the Engineer. BID ITEM 15 — LANDSCAPE FABRIC shall be based on the contract unit price per square foot per the dimensions on the Plans and as directed by the Engineer. BID ITEM 16 — METAL POSTS, FOOTINGS, CAP, NET, ROPE BOUNDARIES shall be based on the contract unit price per each footing. Nets and ropes shall be considered part of the foundation construction. BID ITEMS 12 & 17 CONCRETE CONSTRUCTION BID ITEM 12 — CONCRETE PAVING; VOLLEYBALL COURT PERIMETER BID ITEM 17 — CONCRETE PACING: PAVED PATH A. MATERIALS & METHOD This section consists of furnishing all labor, materials and equipment necessary and incidental to constructing concrete paving to the limits and at locations shown on the Contract Drawings and as specified by the Engineer. RHRMITTAI R 1. Submit manufacturers' and Supplier's Certification and test reports that materials delivered to the site are in compliance with the specifications. QUALITY ASSURANCE 1. Establish and maintain required lines and elevations. Make gradual and smooth transitions to existing curbs, gutters and sidewalks, etc. B. CONSTRUCTION MATERIALS Materials for concrete paving shall conform to the requirements of Section 201-17 201-31 201-42 201-57 204-17 200-2.4 and 303-5 of the Standard Specifications. 1. Concrete for concrete paving shall be Class 520-C-2500. 2. Concrete curing compound shall be Type 1-D - clear or translucent with fugitive dye and shall comply with the requirements as set forth by 201-4.1 of the SSPWC. Application rate shall be one gallon per 150 square feet. Fair Oaks Park Improvements F-7 3. Each load of PCC shall be placed within 1.5 hours after it is batched at the plant. Additionally, PCC shall be less than 32°C (90°F) when placed. 4. All PCC not meeting these requirements shall be rejected. C. CONSTRUCTION METHODS Concrete curb paving shall be constructed to the lines and grades shown on the plans and shall comply with the construction methods set forth in and Section 303-5 and Section 30T of the Standard Specifications. D. MEASUREMENT AND PAYMENT CONCRETE PAVING shall be measured and paid for at the contract unit price per square foot as listed below in accordance with Section 303-5.9 of the Standard Specifications and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in constructing concrete paving, etc. complete in place, as shown on the plans and as directed by the Engineer. PLANTING ITEMS 1.0 GENERAL This section sets forth the requirements for Landscape Improvements. Perform the work in accordance with Sections 800 — Landscape and Irrigation Materials and 801 — Landscape and Irrigation Installation of the SSPWC, latest edition, as modified and supplemented below. 1.1 Work Included — 1. Gather soil samples and coordinate soil testing. 2. Complete finish grading, furnish and install all backfill required to complete the planting shown on the plans and details. 3. Furnish and install all required backfill material, soil amendments, fertilizers, and herbicides. 4. Furnish all labor, material, equipment and services necessary to provide all landscape planting, complete, in place, as shown and specified. 5. Provide a plant establishment period of not less than thirty (30) continuous calendar days after all plant material has been installed and is in a healthy condition. 6. Provide maintenance to a period of not less than sixty (60) continuous calendar days after completion of the plant establishment period and acceptance of construction. 7. Provide second maintenance period of not less than ninety (90) continuous calendar days after completion of the plant establishment and acceptance of the first maintenance period. 8. Guarantee and provide replacement as necessary, in accordance with Section 1.7 of these Landscape Planting and Maintenance provisions. 1.2 Related Work Specified Elsewhere A. Irrigation System Fair Oaks Park Improvements F-8 1.3 Protection of Work The Contractor shall adequately protect the work, adjacent property and the public, and shall be responsible for any damage, injury and/or loss due to the construction of the landscape improvements. Damaged facilities shall be repaired within three working days at no additional cost to the City. 1.4 Submittals Submittals shall be made in accordance with Section 2-5.3 Submittals A. Agronomic Soils Report. After completion of rough grading and prior to soil preparation, the Contractor shall provide the testing of soils for approval by the City Representative, and composted materials by an independent agronomic soils testing laboratory at least 2 weeks in advance prior to actual work (member of the California Association of Agricultural Labs). No less than two (2) samples within the planter areas shall be taken. Representative soil samples shall be taken in the field and a written report shall be prepared by the soil scientist and shall include tests for texture, fertility, toxicity along with recommendations for soil amendments as measured in cubic yards per 1,000 square feet to a depth of 6 inches, excavation pit fertilization and post maintenance fertilization. Soils test shall be performed after soil preparation to confirm that amended soil is in compliance with the pre -plant soils report and specifications. Deviation from the control mix shall not exceed twenty percent (20%). B. Materials List. Within two weeks (14) calendar days after award of Contract, the Contractor shall submit to the City's representative, two (2) copies of documentation that all materials are available for approval. Materials shall not be ordered until materials submittals have been approved. Submit the following: 1. Seed List 2. Amendments 3. Topsoil- Class A 4. Commercial Fertilizer 5. Mulch C. Substitutions. Any and all substitutions due to unavailability must be requested in writing prior to confirmation of ordering. Contractor shall provide a list of nurseries and suppliers contacted for verification of unavailability. Substitutions shall not be permitted after the Material List has been reviewed and accepted. No substitutions will be allowed without prior written approval by the City Representative. Equipment or materials installed or furnished without prior written approval may be rejected and the Contractor required to remove and replace such materials from the site at the Contractor's own expense. The Contractor shall not request a plant substitution based solely on the Contractor's failure to verify the cost of plant material prior to bidding. The Contractor shall bear the responsibility of providing the material as shown on the plans. Delivery to the site may begin upon approval of samples by the City's Representative. D. Certificates of Delivery. Prior to installation, the Contractor shall submit to the City's Representative two copies of all manufacturer's literature, receipts of sale, and Fair Oaks Park Improvements F-9 laboratory analytical data, bearing the manufacturer's or supplier's guaranteed analysis. The Contractor shall provide certificates of delivery with each shipment of materials. Certificates shall state source, quantity or weight, type and analysis, and date of delivery. All certificates shall be delivered to the City's Representative. Written certifications required to be submitted include: 1. Quantity of seed and seed analysis 2. Quantity of all soil amendments. 3. Quantity and quality of topsoil. 4. Quantity of commercial fertilizer. 5. Quantity of other additives such as sulfur, iron sulfate, gypsum, etc. 6. Quantity and composition of organic mulch. 1.5 Quality Assurance and Requirements A. Permits and Fees. See General Provisions, Section `E' 7-5 for payment of permits and fees for Capital Improvement Projects. B. Ordinances and Regulations. Contractor shall abide by all applicable local, state and federal rules and regulations relating to the Scope of Work. C. Explanation of Drawings. The Contractor shall be fully acquainted with the site prior to construction. Drawings are diagrammatic and are generally indicative of the work to be completed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting and architectural features. Any discrepancies in the plans or with existing field conditions shall be brought to the attention of the City's Representative immediately. The Contractor shall not willfully install the planting as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in the landscape design. In the event that notification is not performed, the Contractor shall assume full responsibility for any revision necessary. D. Manufacturer's Recommendations. Manufacturer's recommendations shall apply when no other direction is given or when it is a more stringent requirement than these Specifications. E. Correction of Work. The Contractor, at no additional cost to the City, shall correct any and all discrepancies or unsatisfactory work. The correction of work shall be finished within a reasonable period of time mutually agreed upon between the City and the Contractor. 1.6 Delivery, Storage, and Handling A. Seed. Maintain and seed as directed by the supplier prior to planting. Seed which has been rejected or damaged after acceptance shall a removed from the site and replaced with acceptable materials. 1.7 Guarantee and Replacement A. Written Guarantee. The Contractor shall furnish a written guarantee of materials and Fair Oaks Park Improvements F-10 workmanship for a period of one (1) year from the date of final acceptance. The Contractor shall repair or replace defective items within a reasonable time, but not more than 14 calendar days, from notification by the City at no addition cost to the City. All lawn shall be guaranteed for a period of ninety (90) days from final acceptance. All guarantee periods shall begin from the time of final written acceptance by the City. This acceptance shall be after the Installation Maintenance period which consists of a 30 -day Plant Establishment Period and the 60 -day Maintenance Period have been accepted and approved in writing by the City. 1.8 order of the Work A. The irrigation shall be complete and operational prior to the start of any planting installation. The Contractor shall have completed an irrigation test in the presence of the City's Representative and have written approval for the installation. An exception may be made in the case of the installation of specimen trees 24" and larger and palms. The Contractor shall be responsible to provide adequate water to the specimen trees by whatever means necessary until the irrigation is complete and operational. 2.0 MATERIALS Add the following to Section 800-1 Landscape Materials: "Use only materials of the brands, type or species noted on the drawings or approved equal. Materials shall be new; plants shall be of the type and size specified, standard approved and first grade quality free from diseases or insects. All plants shall be tagged with botanical name (including variety) and size in accordance with the standards of practice recommended by the American Association of Nurserymen. Any rejected material shall be promptly removed from the site." Add the following to Section 800-1 Topsoil: "Topsoil shall be Class "A" as specified in Section 800-1.1. Topsoil to be used as planting medium shall be fertile, well -drained, of uniform quality, free from stones over 1 -inch in diameter, sticks, oils, chemicals, plaster, concrete and other deleterious materials." Add the following to the topsoil requirements at the end of Section 800-1.1.2: "d) Boron and Sodium Content. Boron content shall not exceed 1 PPM as measured by the saturation extract. Sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity of the saturation extract shall not exceed 3.0 milliohms per centimeter at 25 C." Add the following at the end of Section 800-1.2.1 General.- "Soil eneral:"Soil Amendment. The following organic soil amendments are for bid purposes only: 1. After soils test and at the direction of the soils lab, provide stable humus with a carbon/nitrogen ratio of less than 25. See attached soils report. 2. Iron sulfate, 20% iron (expressed as metallic iron), derived from ferric and ferrous sulfate, 10% (expressed as elemental). Ten pounds per 1,000 square feet." The contractor is directed to fertilize, amend or otherwise treat the soil as recommended and specified by the soils laboratory report." Add the Following at the end of Section 800-1.2.3 Commercial Fertilizer: Fair Oaks Park Improvements F-11 "Fertilizer pellets or granules shall be slow-release, 12-8-8 by Gro Power (15065 Telephone Avenue, Chino, CA (909) 393-3744) , Best Fertilizers or approved equal and shall be mixed by the commercial fertilizer supplier. It shall be applied at the rate recommended by the manufacturer and the soils report. Fertilizer shall be applied every 45 days through -out the maintenance period at a rate agreed upon by the Soils testing consultant A minimum of two applications shall be completed. The Contractor shall provide the City's Representative with materials receipt for the fertilizers used. The Contractor shall provide the City with 48-hour notice prior to fertilization. Should the Contractor fail to provide said notice or materials receipt, the Contractor may be subject to reapplication of the materials in the presence of the City's Representative. Plant tablets shall be slow-release, 21 -gram tablets as manufactured by Scott's Agriform, Best, or approved equal. They shall be applied at a rate of one tablet per 1 gallon plant, three tablets per 5 gallon plant, nine tablets per 15 gallon plant, twenty tablets per 24" box tree, and per manufacturer's recommendations for larger box sizes. Add the following to Section 800-1.2.4 Organic Soil Amendment.- "Organic mendment:"Organic Soil Amendment shall be Type 1, and shall not include Pine or Eucalyptus." Add the following to Section 800-1.2.5 Mulch: "Mulch shall be Type 1 only (ground wood product). Mulch shall be recycled chippings from an approved source which do not contain Pine, Eucalyptus, trash or debris. If recycled materials are not available, a premium grade shredded cedar bark shall be used.. The Contractor shall apply a 2" depth of mulch to all planter areas having a grade of 1:6 or less. Mulch shall be a typical "Forest Floor Blend" with particles having a size between 2" and 4". Contractor shall submit a sample of the proposed mulch to the City's Representative for approval prior to delivery to the site. Add the following Section: "800-1.2.6 Pesticides and Herbicides. All chemicals used for pest control shall be registered by the State of California Department of Food and Agriculture and the Environmental protection Agency with registration identification on the label. All chemicals shall be applied as per the registered label instruction and manufacturer's recommendations. Restricted chemicals shall be applied in a manner consistent with State and Federal Law by a licensed applicator possessing the appropriate classification. No chemicals may be used on site without prior written approval of the City's Representative." Add the following to Section 800-1.4 Plants: "Trees and shrubs provided shall be of equal or better quality to that available at Norman's Nursery, ValleyCrest Tree Company or Boething Treeland Farms. A. Additional plants may be necessary to fill all areas at the on center spacing or not illustrated on the plan. B. All plant material shall be No. 1 grade healthy, disease, and pest free, without visible damage, abrasions, or disfigurement. C. Plants specified shall be delivered in the containers specified and true to industry standard size for the container specified. Plants shall have been growing with the specified container a minimum of six months and no longer than one (1) year and shall be properly rooted without being rootbound. Plants with cracked or broken root balls shall be rejected." Fair Oaks Park Improvements F-12 Delete the last sentence of Section 800-1.4.1 General which states, "Other than normal side pruning during the growth period, no pruning shall be done prior to inspection at the nursery." And replace it with.- "Trees ith:"Trees which have be topped, headed back, or otherwise damaged by pruning, shall be rejected. Side pruning of lower branches is discouraged and may be grounds for rejecting trees. Trees shall not be pruned after selection and delivery to the site without prior written approval of the Landscape Architect of record or City's Arborist. Trees which have been pruned without authorization may be subject to removal and replacement at no additional cost to the City." Add the following to Section 800-1.4.2 Trees: "A. All trees shall be true to type or name as ordered or shown on the plans and shall be individually tagged or tagged in groups by species and cultivar (variety). B. All trees shall be healthy, have a form typical for the species or cultivar, be well - rooted, strong in branching pattern and properly trained. Trees which are deemed by the City Representative not to have these qualities will be rejected and replaced without additional charge to the City. C. All trees shall comply with Federal and State laws requiring inspection for plant diseases and pest infestations. Inspection certificates required by law shall accompany each shipment of plants. Clearance from the County Agricultural Commissioner as required by law, shall be obtained before planting trees delivered from outside the County in which they are to be planted. D. The rootball of all trees shall be moist throughout and the crown shall show no signs of moisture stress. E. The tree crown of broad-leaved, decurrent trees shall have a single straight trunk that has not been headed or topped. Potential lateral scaffolds (height of lowest scaffold depends on landscape use) for small -growing trees such as Crape Myrtle shall be at least 2" apart vertically, which could be trained in the landscape to 3 to 7 branches 4" or more apart vertically. Large -growing trees such as Oak shall have lateral scaffolds at least 6" apart vertically, which could be trained in the landscape to 5 to 9 branches 18" apart or more vertically. Branches shall be radially distributed around the trunk, be not more than 2/3 the diameter of the trunk measured 1" above the branch, and be free of included bark in attachments (bark embedded between the trunk and a lateral). No laterals below the lowest potential scaffold should be larger than '/4 the trunk diameter at point of attachment. F. Small temporary branches (less than 1/4 diameter of trunk) below the scaffold branches should not be removed. G. Broad-leaved or coniferous, excurrent (central trunked) trees shall have a single, straight trunk with no double leaders (co -dominant stems) or vigorous, upright branches competing with the leader. Radial and vertical distribution of branches shall form a symmetrical crown. H. Each tree shall comply with the above criteria without having or having had to remove, now or within the previous growing season (at least six months), more than 25 percent of the branches of a size similar to or larger than those of the potential scaffold branches. I. The tree shall be free of roots visibly circling the trunk, and free of "knees" (roots) or kinks protruding above the soil. J. If in a tapered container, the rootball periphery shall be free of circling roots larger than '/4" in diameter and a bottom mat of roots 1/4" or larger (the acceptable diameter of circling peripheral roots depends on species and size of the rootball). Fair Oaks Park Improvements F-13 K. When untied from the nursery stake, the tree shall not bend to touch the top rim of the container. L. The trunk and main roots shall be free of circling roots and kinks within 2" of the trunk to a depth of 2-1/2". Inspect the roots by tipping the rootball or container on its side and with a small jet of water expose the roots within 2" of the trunk to a depth of 2-1/2" below the topmost root attached to the trunk. After inspection, replace soil washed from around the trunk with a similar soil mix (less than ten percent of the total rootball volume should be added). If circling of roots is suspected, a representative sampling of approximately two trees or two percent of the total for each species whichever is greater may be removed from their containers and cleaned of soil. The trunk and main roots shall be free of circling and kinked roots. Circling roots at the periphery of the rootball shall not be reason for rejecting a tree unless the circling roots are large for the species and shoot growth is not acceptable for the species. M. In case the sample trees inspected are found to be defective, the City reserves the right to reject the entire lot or lots of trees represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. N. Trees shall be of sufficient height and caliper for the container size and plant type specified. Typically, 15 -Gallon trees shall be 6'-8', 24" box trees shall be 8'-10', 36" box trees shall be 10' —127 . O. Tree pits shall be tested for adequate drainage prior to planting trees. 12 inch diameter by 72" depth augered pits (locations per plan) shall be dug and filled with water in the presence of the City Representative. After 24 hours, the City Representative shall observe all holes to determine if water has drained completely. Relocate tree(s) or install augured sumps in holes which fail to drain properly, as directed by the City Representative." Add the following at the end to Section 800-1.4.4 Flatted Plants: "All material from flats shall be well rooted, not cuttings. Flat grown plants shall remain in the flats until transplanting." Modify Section 800-1.5.3 Tree Stakes as follows: Delete the first sentence "The type of tree stake shall be as specified in the Special Provisions." And replace with the following: "Tree stakes shall be straight Lodge Pole Pine free from knots, splits, checks or disfigurement. Stakes shall be 2 -inch nominal size and 10 feet in length. Stakes shall have a tapered drive point and chamfered top and shall be treated with an approved wood preservative. Supports for staking shall be rubber cinch ties manufactured by V.I.T. Company, Phone: (949) 891-8338, or approved equal, attached in a figure eight position, and secured with a nail at the stake. All wood preservatives shall be in accordance with the latest State, Federal, and local codes and regulations. Stakes shall not rub the lower branches in such a way the injury is caused to the tree. In some cases, the stake may need to be cut so they do not cause damage to the scaffold branches." 3.0 EXECUTION Add the following at the end of Section 801-1 General: "Perform actual planting only during periods when weather and soil conditions are suitable and in accordance with locally accepted practice." Fair Oaks Park Improvements F-14 Modify Section 801-2.1 to delete the reference to Class B Topsoil. Only Class A Topsoil will be utilized on the project. Add the following after the last sentence: "A. Clearing and Grubbing. 1. All existing planting within the limits of work shall be removed, with the exception of the plants specifically called out in the drawings to remain, or as specified by the City's Representative in the field. Protect in place plants to remain. All vegetation to be removed shall be grubbed, raked, and cleared from the site. The Contractor shall remove from the site and dispose of in a lawful manner, all materials grubbed from the site at no additional cost to the City. 2. All subsurface rocks over 2" in diameter and other underground obstructions which may hinder proper fine grading, tilling, or planting shall be removed to a minimum depth of 12". All abandoned utility lines uncovered or severed shall be cut below grade and capped or plugged with concrete. Explosives shall not be used for removal. Damage to utility lines shown on the plans shall be repaired at the Contractor's expense. 3. The soil within the planting pits shall be over -excavated to the specific depths as defined per median on the project plans. The over -excavated pits shall be backfilled with native soil and re -compacted to 80% prior to setting new trees or shrubs in plant pit and backfilling with amended backfill. B. Perennial Weed Abatement. If live perennial weeds exist on site at the beginning of work, a non-selective herbicide shall be sprayed per manufacturer's recommendations. Contractor shall mix dye with the herbicide to insure adequate coverage. The sprayed plants shall be left intact for a minimum of 15 days. The plants shall then be mowed and grubbed to a depth of at least 4"below the finished surface. C. Weed Abatement and Removed Tree Root Sprouting. Upon completion of soil preparation and installation of all specimen trees, begin the weed abatement program Spray a non-selective, translocative herbicide to eradicate any germinated weeds or newly sprouted roots from trees that have been removed. Translocation shall be 7-10 days or an approved alternate time period. If weeds or grasses exist, re -water four times daily for fourteen consecutive days, until new growth appears. Reapply herbicide. Remove weeds after herbicide has had sufficient time to kill the weeds. Repeat as necessary to eradicate weeds. Maintain the site weed free until final acceptance by the City utilizing mechanical, manual, and/or chemical treatment. D. Soil Amendment. All planting areas with slopes flatter than 2:1 shall receive soil amendments. The amendments specified in the included agronomic soils report shall be uniformly spread and cultivated thoroughly by means of a mechanical tiller into the top 6" of soil." Add the following at the end of Section 801-2.4 Finish Grading: "All rocks, clods, sticks or other debris shall be removed from the site and disposed of in a lawful manner at the Contractor's expense." Delete from Section 801-4.5 reference to the use of Type 2 or 3 soil amendment. Only Type 1 shall be used. Delete any reference to Type 2 through 6 mulches. Only Type 1 mulch shall be used. Item c) shall be modified from "c) Prepared soil mix shall be deposited in the remainder of the hole to finish grade." to "c) Prepared soil mix and planting tablets per Section 804-1.2.3 shall be deposited in the remainder of the hole to finish grade." Fair Oaks Park Improvements F-15 Add the following to the end of the section: "A. Planting Layouts. Locations for all trees, specimen shrubs (5 gallon and larger), and outlines of areas to be planted shall be marked on the ground by the Contractor before any plant pits are dug. All locations shall be approved by the Landscape Architect and City's Representative. Layout shall be accomplished with flagged grade stakes indicating plant names and specified container size on each stake. It shall be the Contractor's responsibility to confirm with the City and governing agency, the location and depth of all underground utilities and obstructions. No planting shall take place until an irrigation coverage test has been completed and the irrigation system has been approved, in writing by the City, as complete and in place. (See Section 1.8 of these specifications.") Section 801-4.6 Plant Staking and Guying, including Sections 801-4.6.1 Method "A" Tree Staking, 801-4.6.2 Method "B" Tree Staking and 801-4.6.3 Guying shall be deleted in its entirety, and replaced with: "Tree Staking. Trees shall be staked as shown on the Plans. Trees 36" and larger may not need to be staked. The Contractor shall not stake trees if they are able to stand straight without added support. The Contractor shall be responsible for determining the necessity of staking. Staking and guying shall be done immediately after planting using the materials specified in Section 800-1.5.3 (modified by these specifications). After staking, all plant material shall be removed within 18" of the tree trunk. This area shall be covered with Type 1 mulch to meet finish grade." Delete from Section 801-4.7 Ground Cover and Vine Planting, the following sentence from paragraph four (4): "A 1 inch layer of Type 1,2,3, or 4 mulch shall be spread over the planted areas.." and replace with "A minimum 2" layer of Type 1 mulch shall be spread over all planted areas." Refer to Section 801-6 MAINTENANCE AND PLANT ESTABLISHMENT of these specifications for more information. Add: "Section 801-4.9.6 Clean Up. The Contractor shall maintain the site in a tidy manner at all times. Remove all trash, excess soil, empty plant containers, and debris from the site on a daily basis during the course of the work. All trash shall be placed in a proper container or dumpster which shall be emptied as needed. The Contractor shall leave the site broom -clean and shall wash down all paved areas within the Contract area on a weekly basis or as needed to maintain a safe work area." Add: "Section 801-4.9.7 Observation Schedule. The Contractor shall be responsible for notifying the City Representative and the landscape architect of record 48 hours in advance for the following site visits: 1. Job start conference. 2. Acceptance of finish grade. 3. Acceptance of plant material. 4. Acceptance of planting layout. 5. Acceptance of soils preparation and planting. 6. Completion of planting and acceptance into the plant establishment period. 7. Completion of 30 -day plant establishment period, acceptance of pre -emergent and acceptance into the maintenance period. 8. Final acceptance of the project and turnover items." Fair Oaks Park Improvements F-16 Delete Section801-6 MAINTENANCE AND PLANT ESTABLISHMENT in its entirety and replace it with the following: "801-6 PLANT ESTABLISHMENT AND MAINTENANCE. The Contractor shall furnish all labor, material, equipment, and services required to maintain the landscape in pleasing manner. Watering, mowing, rolling, edging, trimming, fertilizing, weeding, spraying, and pest control shall be included in the plant establishment and maintenance periods. All hardscape surfaces shall be kept clean and all gutters, drains and drain pipes shall be free of silt and debris. The Contractor shall be responsible for maintaining adequate protection of the area. Damaged areas including, but not limited to, plant death, vandalism, and theft, shall be repaired at the Contractor's expense until such time as the Contractor receives written acceptance of the project by the City. The project will have two 90 maintenance and plant establishment periods. Both shall adhere to the following guidelines: A. Plant Establishment. It is the responsibility of the Contractor to inform the City of completion of the project and request an inspection or order to begin the Plant Establishment period. The project will not be accepted into the Plant Establishment period until the following items have been completed and accepted by the City: 1. All work required in the plans has been completed and accepted. The project shall not be subdivided into phases. 2. All punch list and correction items have been completed and accepted. 3. An irrigation coverage test has been completed and accepted. 4. Permanent power has been established and is continuous to the automatic controller(s). The Plant Establishment Period shall be a minimum of 30 days during which time all plant materials shall thrive. All plants shall thrive without disease, pest infestation, stress, die -back, broken branches, or poor pruning. All planting areas shall be weed free. Any plants or seeded areas that are not thriving at the end of the 30 days shall be replaced at the Contractor's expense. It shall be the Contractor's responsibility to request an inspection at the end of the 30 -day period. If the Contractor fails to do so, or if the plant materials are not in a satisfactory condition, the Plant Establishment period will be extended until all areas are acceptable to the City. The project shall not be segmented into maintenance phases unless specifically authorized in writing by the City. B. Maintenance Period. Once the project has been accepted into the first Maintenance Period of 90 days, the Contractor shall inspect the site weekly performing all, fertilizing, edging, trimming, weeding, trash removal, plant replacement, or other maintenance duties as needed to maintain an attractive environment at no additional cost to the City. 1. The irrigation shall be checked weekly and adjusted as needed to maintain plant health without run-off, overwatering, or overspray. 2. During the maintenance period, a balanced fertilizer shall be applied at the rate recommended by the approved agronomic soils report. In the event that ground cover, trees or shrubs, exhibit nutrient deficiencies, necessary action shall be taken by the Contractor at no additional cost to the City. 3. No pruning shall be done without approval of the City and shall be in strict accordance with the International Society of Arboriculture Standards Fair Oaks Park Improvements F-17 and Practices. A Certified Arborist and/or Certified Tree Worker shall perform pruning. 4. Shrubs shall not be clipped into balls or boxed forms. Trees and shrubs shall be pruned back to the lateral branches or buds. Stubbing will not be permitted. 5. Old, wilted flowers and foliage shall be pinched or cut off and removed. 6. No supplemental daytime irrigation shall be allowed during the post - establishment maintenance period without prior approval. 7. The site shall be kept free of all clippings, debris and trash. Drains shall be kept free of trash, silt or debris. 8. Paved areas shall be kept clean. 9. The Contractor shall be responsible for pest management, including insect, disease, invertebrate or vertebrate. Pest management shall be performed in accordance with all Federal, State and local codes and regulations. The Contractor shall be responsible for notifying the City, the local agency, the landscape architect of record and all other necessary parties 10 days prior to the completion of the first 90 day maintenance period (includes the 30 day plant establishment period). All parties shall walk the site and create a punch list of outstanding items to be corrected prior to the commencement of the second 90 day maintenance period. C. Final Acceptance. The Contractor shall be responsible for notifying the City, the local agency, the landscape architect of record and all other necessary parties 10 days prior to the completion of the final maintenance period. Deficiencies noted during the final inspection shall extend the maintenance period until all deficiencies are corrected. All irrigation shall be adjusted to required height in relation to finish grade. All planters shall be maintained in a weed -free condition throughout the establishment and maintenance periods. Plant material not showing vigor or that has been damaged or is missing shall be replaced. If substantial amounts of plant material has failed or is missing, the maintenance period shall be extended until the health of the plants has been established for not less than 30 days. All turn over items, including the turn over sheet, maintenance manuals, equipment items, "As -built" plans, irrigation controller charts and written guarantee shall be received and accepted by the City prior to final acceptance. The end of maintenance shall occur only upon written acceptance by the City." BID ITEM 17 — PLANTING AREA SOIL PREP. & AMENDMENTS IRRIGATION ITEMS A. SCOPE, MATERIALS AND METHODS 1.0 GENERAL This section sets forth the requirements for Irrigation System Improvements. Perform the work in accordance with Sections 800 — Landscape and Irrigation Materials and 801 — Landscape and Irrigation Installation of the SSPWC, latest edition, as modified and supplemented below. Fair Oaks Park Improvements F-18 1.1 Work Included — 1. Furnish and install piping, fittings, sprinkler heads, valves and accessories. 2. Excavate and backfill trenches. Place lateral lines as depths detailed on the plans within +/-1 ". 3. Testing as indicated in the notes and specifications and as required by the governing agency. 4. Installation and end of maintenance walk and corrections. 5. Ninety -day maintenance period. (2 Total) 6. One year guarantee of Irrigation work and materials. 1.2 Related Work Specified Elsewhere A. Landscape Planting and Maintenance B. Weekly attendance by superintendent C. Repair of irrigation system until project is accepted. 1.3 Protection of Work The Contractor shall adequately protect the work, adjacent property and the public, and shall be responsible for any damage, injury and/or loss due to the construction of the irrigation system. Damaged facilities shall be repaired within a reasonable amount of time at no additional cost to the City. All existing irrigation systems shall be kept in operation at all times. If the Contractor damages an existing system, it shall be repaired immediately, at no additional cost to the City. If damaged by the public, the City shall compensate the contractor for the cost of the repair. After each repair, all heads of the repaired lateral(s) shall be removed and flushed so the lines can be clear of all dirt and foreign matter. 1.4 Submittals Submittals shall be in accordance with Section 2-5.3 Submittals and as specified herein. A. Materials List. Within fifteen (15) calendar days from the award of contract, the Contractor shall provide a materials list of all irrigation equipment as specified in the drawings, manufacturer's brochures, maintenance manuals, guarantees and operating instructions. B. Shop Drawings. Within fifteen (15) calendar days from the award of contract, the Contractor shall provide shop drawings as required or necessary to complete the work. C. Schedule of Work. Within fifteen (15) calendar days from the award of contract, the Contractor shall provide a proposed Schedule of Work. D. Record Drawings. The Contractor shall provide and keep up-to-date "As - Built" drawings on the job site at all times. The Contractor shall record accurately on one set of "As -Built" drawings all changes in the work constituting departures from the original approved drawings. The changes and dimensions shall be recorded in a legible and workmanlike manner. All dimensions shall have two (2) permanent points of reference, such as the roadway station points or measures along median center lines. Prior to the landscape architect of record construction certification, the Contractor shall provide corrected and completed sepia mylars of shall be shown on the Record Drawings. Fair Oaks Park Improvements F-19 1. Connection of existing water lines. 3. E. Operation and Maintenance Manuals. Prior to final acceptance, the Contractor shall deliver two (2) hard cover, three-ring binders containing: 1. Index sheet stating the Contractor's address and telephone number, list of equipment and addresses of local manufacturer's representatives. 2. Catalog and parts sheets on every material and all equipment installed under this contract. 3. Guarantee statement. 4. Complete operating and maintenance instruction on all major equipment. F. Equipment to be Furnished. Prior to final acceptance, the Contractor shall provide the following equipment as part of this contract: 1. Two wrenches for each type of sprinkler head. G. Substitutions. Substitutions may be permitted under the provisions of Section 4-1.6 Trade Names or Equals. Submittals presenting "equal" products will be considered for approval if the City's Representative determines that the product is equal in all features, product material and performance. No substitutions shall be allowed without prior written approval from the City's Representative. The Contractor shall be responsible for the performance of any substituted material or product. If the City determines that the substituted material or component is unsatisfactory or if there has not been prior approval, it shall be removed and replaced at the Contractor's expense with the specified material or component 1.5 Quality Assurance and Requirements A. Permits and Fees. See General Provisions, Section 7-5 for payment of permits and fees for Capital improvement Projects. B. Manufacturer's Instructions. Manufacturer's instruction and detailed drawings shall be followed in all cases where the manufacturers of materials used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations. Contractor shall abide by all applicable local, state and federal rules and regulations relating to the Work Included. All work and materials shall be in full accordance with the latest rules and regulations of the National Electric Code, Uniform Plumbing Code. D. Explanation of Drawings. Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. The Contractor shall be fully acquainted with the site prior to construction. Drawings are diagrammatic and are generally indicative of the work to be completed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting and architectural features. Any discrepancies in the plans or with existing field conditions shall be brought to the attention of the Landscape Architect immediately. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in the Landscape Design. In the event that notification is not performed, the Contractor shall assume full responsibility for any revision necessary. Fair Oaks Park Improvements F-20 E. Correction of Work. Any and all discrepancies or unsatisfactory work shall be corrected by the Contractor at no additional cost to the City. The correction of work shall be finished within a reasonable period of time mutually agreed upon between the City and the Contractor. 1.6 Delivery and Storage All materials shall be new, first quality, commercial quality and in the original shipping cartons or boxes. The Contractor is responsible for all materials until final acceptance of the work. Store materials in enclosures. Plastic pipe and other materials which can be damaged by weather shall be stored in such a manner as to protect them from sunlight, wind, rain, etc. Do not store materials directly on the ground. Materials which are damaged in transit or become damaged during storage or progress of the work shall be rejected and replaced at no additional cost to the City. Handle and carry materials in a manner to ensure delivery and placement on the site in sound and undamaged condition. Keep pipes and fittings free from dirt or debris. Do not drag pipe. 1.7 Guarantee and Replacement Written Guarantee. The Contractor shall furnish a written guarantee of materials and workmanship for a period of one (1) year from the date of final acceptance. The Contractor shall repair or replace defective items within a reasonable time, but not more than 14 calendar days, from notification by the City at no addition cost to the City. 2.0 MATERIALS Add the following to Section 800-2.1.1 General. All new equipment shall meet the requirements for recycled/reclaimed water use and be purple in color or include tags and marking consistent with County of Los Angeles Health Department requirements for use of reclaimed and /or recycled water. Piping shall be as follows: 1. The service line from the metered Point of Connection (P.O.C) through the backflow prevention device shall be: Type K copper or red brass. 2. All pressurized mainlines 2" and smaller shall be: SCH 40 solvent -weld P.V.C. 3. All pressurized mainlines 2 112" to 3" shall be: CL 315 solvent -weld P.V.C. 4. Pressurized mainlines greater in diameter than 3" shall be: CL 315 bell and gasket P.V.C. 5. Lateral lines up to 2" shall be: SCH 40 solvent -weld P.V.C. 6. Lateral lines greater than 2" shall be /cl 315 solvent -weld P.V.C. 7. All fittings shall be SCH 40 P.V.C. and conform to the latest ASTM standards. 8. All threaded nipples shall be SCH 80 P.V.C. with molded threads. 9. All male threaded fittings shall receive 3/" Teflon tape during installation. 10. All reclaimed piping shall conform to all State, Federal, and Local codes and regulations and shall be marked accordingly. 11. All piping shall be installed subsurface. Pipe on grade shall not be allowed unless written preauthorization has been given by the City. Fair Oaks Park Improvements F-21 Modify Section 800-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings to delete any reference to Schedule 80 pipe for pressurized pipe. Add the following after paragraph 3: "Thrust blocks shall be placed at each change or direction in the mainline sized 3" and larger and shall be per manufacturer's recommendation. All fittings shall be Schedule 40 PVC connected with primer and solvent per manufacturer's recommendations. Plastic pipe shall bear the following markings: manufacturer's name, nominal pipe size, schedule or class, type of material, pressure rating, NSF seal of approval, and the date of extrusion. All fittings shall bear the manufacturer's name or trademark, materials, designation, size, applicable schedule and NSF seal of approval." Add the following at the end of Section 800-2.2.1 General: "Provide and install one valve box for each Master Valve, Ball Valve, Gate Valve, Remote Control Valve, or Quick Coupler." Delete Section 800-2.2.7 Valve Boxes in its entirety and replace it with: "Valve Boxes. Valve boxes shall be made from a durable plastic material resistant to weather, sunlight and chemical action of soils. They shall be purple in color to denote use of recycled water. The cover shall be secured with a stainless steel bolt down mechanism and shall be able to sustain a load of 1,500 psi. Valve box extensions shall be by the same manufacturer as the valve box. All valve boxes shall be manufactured by Ametek, Carson, or approved equal." Add the following at the end of Section 800-2.3 Backflow Preventer Assembly: "All Backflow Preventer Assemblies shall be plumbed with copper, brass, or bronze pipe and fittings. A bronze or brass union shall be provided on the downstream side. Backflow shall be installed in a vandal resistant, locking enclosure as specified on the plans and approved by the City Representative for each project. The enclosure shall be installed on a concrete slab per manufacturer's recommendations." Add "Section 800-2.3.1 Master Valve and Flow Meter Assembly: Each Point of Connection shall include a Master Valve and Flow Meter Assembly. The Master valve shall be as recommended by the controller manufacturer. The master valve shall be wired back to the Controller and have the ability to shut down the irrigation system in case of a high flow occurrence such as a mainline break." Add: "Section 800-2.6 Check Valves: Check valves shall be installed on all heads or on laterals which have a differential in elevation or 3' or more or as needed to prevent laterals from draining after the system has been shut down. Spring-loaded check valves shall be of plastic construction with soft composition disks. Spring tension shall be adjustable from 4 psi to 15 psi. They shall be located in the swing assembly or be integrated into the sprinkler body. Check valves shall be Valcon ADV, Rain Bird, Hunter, Toro, or approved equal." Add: "Section 800-2.7 Sleeves Fair Oaks Park Improvements F-22 All piping which is located under hardscape surfaces shall be placed in CL 315 sleeves a minimum of 2 times the line size. Control wires shall be placed in a separate conduit adjacent to the pipe sleeving." All fittings and valves shall be brass and/or stainless steel. All piping shall be copper. A pressure gauge shall be installed with a capacity to read up to at least 150 psi. Booster pumps shall be installed in a lockable, stainless steel pump enclosure with venting. The Contractor shall be responsible for connecting the new booster pump to the electrical system and to the irrigation controller. Booster pumps shall be installed per all applicable State, Federal, and Local codes and regulations and the manufacturer's specifications. Booster pumps shall be properly grounded. The Contractor shall provide submittals of pump specifications, pump curves, and shop drawings for approval by the City, prior to ordering materials." Modify Section 800-3.2.1 Conduit. Conduit shall be SCH 40 PVC plastic, gray in color. Add the following at the end of Section 800-3.2.2 Conductors. "Control wires shall be a different color for each controller valve. Common wires shall be white. Each controller shall have an independent common wire. Wiring shall occupy the same trench and shall be installed along the same route as the pressurized mainline where possible with the exception of road and sidewalk crossings. Control wires shall be separately sleeved in Schedule 40 conduit under all paved surfaces. Where wire is placed in the mainline trench, the wiring shall be taped together at interval of ten (10) feet. A two (2) foot expansion curl shall be provided within three (3) feet of each wire connection. Wire connections shall be grease type connectors, 3M DBY Direct Bury Splice Kit PN -09053, or approved equal. Use one kit per connection. Three continuous spare control wires, blue in color, shall be installed with all pressurized Mainline(s) from the controller enclosure to the ends of the Mainline." Add the following at the end of Section 800-3.3 Controller Unit: "All controller components shall be fused and have a chassis ground. All controllers shall be equipped with a 4" x 4" electrical junction box, with an on/off switch, and a grounded receptacle mounted inside the enclosure. The controller enclosure shall be vandal -resistant and stainless steel manufactured as indicated on the irrigation legend and approved by the City Representative in writing. The enclosure shall be installed per the manufacturer's recommendations and as approved by the City Representative. The Controller Unit shall be compatible with the City's irrigation controller standards. The Controller shall include communication capabilities, complete and operational, all other incidental equipment required to meet City controller standards." 3.0 EXECUTION Add the following to the end of Section 801-5.1 General: "Contractor shall use extreme caution in working near utilities. The Contractor shall be responsible to call Underground Service Alert of Southern California, a.k.a. Dig Alert for location of utilities. The Contractor shall be responsible for damages to utilities that are caused by his/her operations or neglect. The Fair Oaks Park Improvements F-23 Contractor shall verify all grades and installation conditions. No work shall begin until unsatisfactory conditions are corrected." Modify Section 801-5.3.1 General, second paragraph: Pipe shall be bedded in 3" of sand above and below the pipe rather than 2". Add the following at the end of Section 801-5.3.1 General: A. Staking of Lines. Prior to installation, the Contractor shall stake out all pressure supply lines, routing, and location of water distribution heads. The City shall approve the location of all equipment and Point(s) and Connection prior to installation. B. Water Supply. The irrigation system shall be connected at the approximate location shown on the plans and approved in the field by the City Representative. C. Electrical Supply. Electrical connections for the controller shall be made as indicated at the approximate location on the plans and approved in the field by the City Representative. The Contractor shall be responsible for connecting the irrigation controller to the nearest power source. Contractor shall coordinate with the electrical provider and the City. D. Observation Schedule. The Contractor is responsible for notifying the Inspector in advance for the following meetings/inspections: 1. Pre -construction meeting — 7 days 2. Mainline pressure test — 48 hours 3. Lateral line & head installation — 48 hours 4. Coverage test — 48 hours 5. Final turn over— 7 days E. Installation. 1. Trenching. a. Trenches shall be straight, on an even grade, and in the approximate location shown on the plans. b. Where it is necessary to excavate adjacent to existing trees, the Contractor shall take every precaution to avoid injury to the trees or their roots. No backhoe or trenchers shall be used within the tree dripline, unless City Representative is on site. Hand digging is required within tree driplines. All roots 2" and larger shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. When the roots are smaller than 2" in diameter, the wall of the trench adjacent to the root shall be hand trimmed, making clean cuts through the roots. Trenches adjacent to the root shall be closed within twenty-four (24) hours. Where this is not possible, the side of the trench adjacent to the tree shall be kept moist and shaded with burlap or canvas. c. Provide a minimum cover of 24" over all pressurized mainlines. d. Provide a minimum cover of 18" over all non -pressurized lateral lines. e. Provide a minimum cover of 24" for all control wire. f. Provide a minimum of 30" cover under AC paving and roadways. 2. Backfilling. Trenches shall not be backfilled until all required tests and inspection have been performed and the conditions have been approved by the City Representative. Trenches shall be filled with 3" sand above and below mainline pipes. No material larger than Y2 inch shall be permitted in the initial backfill. Backfill shall be tamped in 4 -inch layers under all piping and mechanically compacted to a dry density equal to adjacent undisturbed soil in landscape areas and shall conform to adjacent grade. Truck wheels shall not be used to compact soil. If settlement Fair Oaks Park Improvements F-24 occurs and subsequent adjustments in pipe, valves, valve boxes, sprinkler heads, lawn, planting, or other construction is necessary, the Contractor shall make all required adjustments at no additional cost to the City. 3. Trenching and Backfilling under Paved Surfaces. a. The Contractor shall install and cap all piping under paved surfaces prior to paving work whenever possible. b. Sleeves under existing pavement may be installed by directional boring. No hydraulic driving is permitted under AC pavement at depths less than 36". No hydraulic driving shall be permitted under concrete roadways. The Contractor shall repair any and all damage to existing facilities including paved surfaces with like materials in accordance with City standards and details. c. Any cutting or breaking of sidewalks and/or concrete that is necessary shall be completed and replaced in kind by the Contractor as a part of the contract cost. Permission to cut or break sidewalks and/or concrete shall be obtained from the City prior to start of work. d. Sleeves shall be installed a minimum of 6" beneath the bottom of the pavement subgrade or 30" from finish surface, whichever is greater. e. Mainline sleeving shall be a minimum of 2 times the line size diameter. The sleeve shall have a minimum of 1 inch clearance from the mainline and shall extend a minimum of 18" beyond such pavement unless physically impossible. In-line fittings or couplings shall not be permitted under paved surfaces except when the length of the line is greater than 20 feet. The ends of sleeves shall be capped until piping is laid. 4. Line Clearance. All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over on another. 5. Assemblies. a. Routing of lateral lines is diagrammatic. Install lines and assemblies in such a manner as to conform with the intent of the drawings, comply with the irrigation details, and provide and complete an operable irrigation system. The Contractor shall not willfully install a system, which will not fulfill the intent of adequate coverage. The Contractor shall be responsible for adjustments to system to achieve adequate coverage at no additional cost to the City. b. No manifolds shall be allowed in the irrigation system. Each assembly shall have its own outlet. c. Install all assemblies in accordance with its respective detail. In the absence of a detail or specifications, complete the work in accordance with best standard practice with prior approval of the Landscape Architect of Record or the City Representative. d. Carefully inspect all PVC pipes and fittings to insure that they are cleaned of dirt, dust, and moisture prior to installation. Solvent welding methods shall be as recommended by the pipe, fitting, and solvent manufacturers. e. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape or approved equal shall be used on all threaded PVC to PVC connections and on threaded PVC to metal joints. Where threaded PVC connections are required, use threaded hardening pipe dope on all threaded plastic -to -metal connections, except where noted otherwise. Fair Oaks Park Improvements F-25 f. The Contractor shall construct concrete thrust blocks at all changes in direction on mainlines 3" or larger. Pipe restraints may be used in lieu of thrust blocks on bell and gasket piping. Delete the first sentence of paragraph two (2) of Section 801-5.5.3 Riser and Nozzle Line Installation which states "Risers for oscillation sprinklers and nozzle lines shall be galvanized steel pipe. All other risers may be galvanized steel or Schedule 80 PVC." Replace with "All risers shall be threaded Schedule 80 PVC pipe." Delete reference to single -swing joint assemblies in paragraph six (6). All riser assemblies shall be a minimum of double -swing joints. Add the following paragraph after paragraph two (2) of Section 801-5.5.4 Sprinkler Head Adjustment. "The Contractor shall adjust all irrigation components for optimum performance. There shall be no irrigation water onto walks, or roadways. if it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, then adjustments shall be made at no additional cost to the City. Adjustments may also include, but are not limited to: changes in nozzle size, adding heads, or changing the riser locations." Add the following after the first paragraph of Section 801-5.6 Automatic Control System Installation. "The location of the controller shall be as shown on the plans and shall be approved by the City Representative before installation. The Contractor shall be responsible for coordinating the electrical service connection and connecting the controller to the power source. Remote control valves shall be connected to the controller in numerical sequence as shown on the plans." Add the following to Section 801-5.6.2.1 Pipeline Pressure Test. General. "Pressure mains shall be tested prior to the installation of control valves. Lines shall be capped at the control valve connections. Mainlines shall be tested at a pressure of 150 psi for not less than four hours. Lateral lines shall be tested at a pressure of 100 psi for not less than two hours." Add the following to the end of Section 801-5.7.4 Operational Test. "Any items deemed not acceptable by the City Representative shall be reworked to the complete satisfaction of the City Representative. The Contractor shall have turned over all accessories, charts, record drawings, and equipment as required before the project can be accepted. The Contractor shall provide certification testing for all backflow preventers by a certified backflow prevention technician. Certification shall be conducted in accordance with all State, Federal, and local codes and regulations. The original written certification shall be submitted to the City prior to acceptance of the project. The Contractor shall arrange and pay for all testing and certification. The Contractor shall complete an irrigation coverage test and have written acceptance of the same prior to beginning any planting work with the exception of planting specimen trees and palms." Add the following section: "Section 801-5.7.5 Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation in operating condition. The Fair Oaks Park Improvements F-26 exercise of this right by the City shall not relieve the Contractor of his/her responsibility under the terms of the guarantee." Add the following section: "Section 801-9 Guarantee. The Contractor shall repair or replace defective items within a reasonable time frame at no additional cost to the City. Damage to plant materials or adjacent facilities due to defective items or workmanship shall be repaired or replaced at no additional charge to the City." B. MEASUREMENT AND PAYMENT The contract price paid for IRRIGATION system components as listed in BID ITEMS 20-22 shall be paid at the Unit Prices as indicated in the BID SCHEDULE and as listed below shall include full compensation for installation of a functioning irrigation system, as specified in the Standard Specifications and these Special Provisions, and as directed by the City Representative and no additional compensation will be allowed therefore. BID ITEM 20 - LATERAL LINES AND FITTINGS shall be based on the contract unit price per Linear Foot per the dimensions on the Plans and as directed by the Engineer. BID ITEM 21 - ROTORS shall be based on the contract unit price per Each per the dimensions on the Plans and as directed by the Engineer BID ITEM 22 - 6" Pop -ups shall be based on the contract unit price per Each per the dimensions on the Plans and as directed by the Engineer Fair Oaks Park Improvements F-27 City of Santa Clarita LANDSCAPE MAINTENANCE DISTRICT TURNOVER SHEET • Contractor is to provide: 1 Set Blue `As -Built prints of plans ZONE NO. Zone Name Water Meter I D No. Meter Address Water Meter Location: Electric Meter ID No. Meter Address Electric Meter Location: Controller Location, Serial #, Controller station numbers, Type of Controller; Tract No.: Contractor Installed.: SQUARE FOOTAG E Turf square footage Shrub quantity Tree quantity in planting area: Concrete square feet Total area in the LIVID District Acceptance Date Developer/Owner Signature of WeatherTrak Color Square footage: Benches, trash rec., _ Doggie scoop dispensers Date: Date: Signature approved backflow Date: Signature by the LIVID Representative indicates acceptance of the District areas.- Date: reas: Date: Fair Oaks Park Improvements F-28 Date: END OF SPECIAL PROVISIONS G-29 APPENDIX " A " CONSTRUCTION MATERIALS RECYCLING PLAN (C&DMMP) 2015 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN FORM If you have any questions, please contact the Environmental Services Division at (661) 286-4098 Project Information Contact Information Name: Name: Address: Phone: Permit: Email: Inerts (concrete, sand, dirt, clean fill, rock, gravel, etc.) Material Recycle? Reuse? What Est. Recycling Method/Franchised Hauler percentage? quantity in tons Total Other Construction and Demolition Materials (wood, metal, drvwall, carpet, cardboard, etc.) Material Recycle? Reuse? What Est. Recycling 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 Deaosit/Refund Information Name Address City: State Zip Cash - Check - CC - LOC Date CITY STAFF USE ONLY E C&DMMP Approved 17 Deposit Accepted Plans Stamped Q E- Plans Yes/ No Cleared? [] Valuation: Deposit: (Acct -102-2013.002) 3% 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. ❑ Sorted on-site ❑ Co -mingled or mixed ❑ Yes (describe below) ❑ No 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? Disposing Materials Generated From Your Proiect Temporary Bin and Roll -Off Box 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 Recology Los Angeles (800) 633-9933 9189 DeGarmo Avenue,Sun Valley C'.,If Llai 11 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. APPENDIX " B " LABOR COMPLIANCE PROGRAM 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 III. Implementation Plan IV. Operational Manual • Site Visitation /Interviewing Requirements V. Procedures • Certified Payroll Verification • Labor Compliance Site Monitoring VI. Forms 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 • 1st 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 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LA 4135134 Q INTRODUCTION The City of Santa Clarita (the "City") institutes this Labor Compliance Program ("LCP") for the purpose of identifying and implementiny. 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 192003. 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. 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 11 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LABOR COMPLIANCE PROGRAM CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM TABLE OF CONTENTS Page Introduction I. Public Works Subject to Prevailing Wage Laws ...................................... 1 A. Types of Contracts to Which Prevailing Wage RequirementsApply...................................................................... 1 B. Applicable Dates for Enforcement of the LCP ............................... 1 II. 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 ................................. VI. 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 Occurredl0 D. Forfeitures Requiring Approval by the Labor Commissioner............................................................................... 10 E. Determination of Amount of Forfeiture by the Labor Commissioner.................................................................... 11 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 of NWCP......................................................................... 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 tothe City Council........................................................................ 16 ATTACHMENTS A. Checklist of Labor Law Requirements for Review at JobStart 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 WageRe_quirements 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 2 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-1-131); (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 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; 2. 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 5 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. 6 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 7 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. 9 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(8) 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 17751 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 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; f. 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. 5. 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 1. It is the policy of the City that the public works prevailing wage requirements set forth in the California Labor Code, Section 1720-18611 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 Payments 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. 5. 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); 3. 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 18 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 ME CJ IV a) d7 di Q) a) (D m m m m m m m m Cf. cr- cr. x ccm m x CT Z -j Z 0 Z ww" No of Violations z UJ IIJ ILI No. of Violations Z D E 0 u ui U, CC W EL 3 L 0 0 to CO LU LL 0 fl CL UJ Z LLI O 0 ton I L o L) < U) LU 0 Q 0 R i.-: 0 ui T —1— LU 4 z U.1 C3 c LL J— t7 < M �j Jr t T 1.7 LU < 0 0 0000r LU 00 0 Z i'O w C) OOv 0 Z 22 Q LU z 0- LIJ classification Code I L L 20 21 LW z z L LD 0 Z Z i Q z m m Ln u- uj 0 z LIU z 19JCL z LU Z Ul Lai z 0 z 0 7Z( Z M 00 I tAJ LLJ LAI LU 0 ui Q La §m LL LL u 0 cr 0- LU c2 I= LLJ uj Z Ix R 3: ci 'o - CL T- u LU �e o cc C 0 0 zi M c Cil C? v) CL C z V EZ 0:3 co -C c M U.) N -0(D wLU 0) 0 LU4 CL 7L w I I I I I I 1- 20 21 0c u 2 22 ATTACHMENT C Labor Compliance Program Regulations (referred to as Appendix D) REQUEST FOR APPROVAL OF FORFEITURE -- Suggested format 1. 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.). C.Audit 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. 1" 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. M61 ATTACHMENT D-2 Labor Compliance Program (SEAL) 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 al 27 Notice of Right to Obtain Review - 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) 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 1742.11 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 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 D► 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: 33 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 81 SUBCHAPTER 6 (SECTIONS 17201 through 17270) 35 ATTACHMENT H Suggested Single Project Labor Compliance Review and Enforcement Report Form [Appendi,x C following 8 CCR § 164341 Awarding Body: Project Name: Name of Approved Labor Compliancc Program: Bid Advertisement Date: Acceptance Date: Noticc of Completion Recordation Date: Summary of Labor Comp i iancc Asti-v7tics 1. Contract Documents Containing Prcvailing klVage Requiremcnts (Identify) 2. Prqjob Conkrence(s) — Attach list(s) of attendees and dates 3. Notification to Project Workers, of Labor Compliancc Program's Contact Person. (Explain Man= of Notification for each project work sitc.) 4. Certified Payroll Rc(;urd Review a. CPRs Received From: Contractor/Subcontractor For weeks ending ("w`q") through w 36 b. Classifications identified in CPRs and applicable Prevailing Wage Daenninations Classification De-tennination-INo. S. Fut1hcr investigation or audit duc to CPR rcNicw, information or complaint from woitcr or other interested person, or other reason: a. Independent Confirmation of CPR Data Work, cr Interviews Reconciled CPRs with Pay - C qntract '-Subt.-M—ractor es No) checks or Stubs (Yes N.0 b. Employer Payments (Health & NVelfare, Pension. Vacation/Holiday) Confiffnation Rccipicnts of Written confirmation C oM Emnlover PaNmcrts Obtained (Yes/N, actoL/Subcontracto 'o) C. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Recipients of Written confirmation Contractor/Sukontractor Contributions Obtained (Yes/No) 37 d- Additional Wage Payments or Training Fund Contributions Resulting hom Review of CPRS Additional amounts Additional Expla- Contractor'Subcontractor Paid to Workers Training Fund nation Use separate page(s) for explanation 6. Complaints Rccclvcd.kllcging Noncompliance with Prevailing Wage Requirements. ,Name of Resolution or Complainant Datc Current Status -'se separate page(s) to explain resolution or current status 7. Requests for Approval of Forfeiture to Labor Commissioner Contractor; Subcontractor Date of RequestApprovedAlo(fifie(kDenigd 8. Litigation Pending Under Labor Code Section 1742 Contractort Subcontracfor DIR Case Numbcr 9. (Check one): Final report this project Annual report this project Authorizcd Representation 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 vi%itatinn% 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 wa eg rate of per diem wages required to be posted at each Job site in compliance with Labor Code Section 1773.2, and (2) the Notice of Labor Compliance Program Approval required to be posted at the job 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. 42 Interviewing 1. 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. 3. 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 1St to 10th. 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 if you are approved to train. 9 you are not approved to train, you must send the informaton (which may be fts form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http-/fwww,dir,ca.gov/­das/PublicVVorksForms.htm for information about programs in your area and trade. You may also consult your local CNvision of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Civision of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch. in accordance with Section 230,1(a) California Code of Regulations Check One Of The Boxes Below 1. We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards- Enter name of the Committee 1 We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the committee 0 3We 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 JourneymanImen. Signature Date Typed Name Title State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS I. 140RFV 1,104) 47 -ONTRA'_ R'$,57ATE LICEt41'_5E NO CT. -t ',iiAXE48'3TPEE 7 f;try, ZIP CCOE APEA 00CE & rrLEPf-&f W.) OF PUR IC PRCJ17i'T r)ATr- YOOR CONTWT F'�F(,',UTrrj CATE Of E41ECTED 0P A01)AL START OF MOJECT NAA P 'R 1(_1 (NAME &AL4_",1___­,'_� J_ I$A zA IMA ED NUMbEP 01- All IREN I ICE HOUR�; APPA04ATE DAIS IQ Ek E?VT11LQ*L) This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch. in accordance with Section 230,1(a) California Code of Regulations Check One Of The Boxes Below 1. We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards- Enter name of the Committee 1 We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the committee 0 3We 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 JourneymanImen. Signature Date Typed Name Title State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS I. 140RFV 1,104) 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 Signature I Date Title JArea Code & Telephone Number CAC 2 48 CITY OF SANTA CLARITA CONTRACTOR FRINGE BENEFIT STATEMENT Contract Number / Name: (Contract Location: Contractor / Subcontractor Name: Business Address: Today's Date: 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 & Welfare Pension U-1 z as is ication: $ Vacation/ M PAID TO: W Holiday Name: Address: z Training W and/or Other as is ication: $ PAID TO: Name: Address: PAID TO: $ PAID TO: Name: Address: $ PAID TO: Name: Address: $ PAID TO: Name: Address: U)_ Effective Date a s ication: (Effective Date Subsistence or Travel Pay: Subsistence or Travel Pay: Health & $ PAID TO: Name: _ Welfare Welfare Address: co_ Pension $ PAID TO: Name: U)_ Pension $ PAID TO: Name: _ U_ Address: W_ PAID TO: Name: m w Vacation/ $ PAID TO: Name: M w Holiday - Address: 0 Training $ PAID TO: Name: - z Training $ PAID TO: Name:_ U_ And/or Other Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. Address: a s ication: (Effective Date Subsistence or Travel Pay: Subsistence or Travel Pay: Submitted: Contractor / Subcontractor 49 By: Name / Title Health & $ PAID TO: Name: Welfare Address: co_ Pension $ PAID TO: Name: W W Address: z w Vacation/ $ PAID TO: Name: m w Holiday Address: C� 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. 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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 DETERMINATION: SD -23 -31 -4 -2000 -IA ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: July 1, 2000** The rate to be pai date, the new rate must be paid and should be incorporated in contracts entered into ow. (415) 703-4774. LOCALITY: All localities within Santa Clarita County BUILDING CONSTRUCTION Carpenter $23.40 2.30 1. Light Commercial 18.72 . 0 1.0 w k perfo ed fter thi dat as beel�d'etermined. AX'®rkwill extend past this ion of L r Statistic and Res ch for specific rates at \\7. 0 8 29.18 40.88 40.88 52.58 0 8 24.50 33.86 33.86 43.22 v DETERMINATION: SD -31-7 -1-2000-1 ISSUE DATE: FEBRU 22, 200 EXPIRATION DAT F DETER ATIO : Ma 000* Ef 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 f e tes after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All locali * withi Clarit C unty. Employer Payments Straight -Time Overtime Hourly Rate Classification < B *c Health Pension Vacation/ Training Hours Total Daily Saturday a Sunday (Journeyperson) ourly and Holiday Hourly and Rate Welfare Rate 11/2X 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. a 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.goy/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. 2 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 11/2X 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 -IA ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: July 1, 2000** The rate to be pai date, the new rate must be paid and should be incorporated in contracts entered into ow. (415) 703-4774. LOCALITY: All localities within Santa Clarita County BUILDING CONSTRUCTION Carpenter $23.40 2.30 1. Light Commercial 18.72 . 0 1.0 w k perfo ed fter thi dat as beel�d'etermined. AX'®rkwill extend past this ion of L r Statistic and Res ch for specific rates at \\7. 0 8 29.18 40.88 40.88 52.58 0 8 24.50 33.86 33.86 43.22 v DETERMINATION: SD -31-7 -1-2000-1 ISSUE DATE: FEBRU 22, 200 EXPIRATION DAT F DETER ATIO : Ma 000* Ef 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 f e tes after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All locali * withi Clarit C unty. Employer Payments Straight -Time Overtime Hourly Rate Classification < B *c Health Pension Vacation/ Training Hours Total Daily Saturday a Sunday (Journeyperson) ourly and Holiday Hourly and Rate Welfare Rate 11/2X 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. a 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.goy/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. 2 CITY OF SANTA CLARITA LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA SITE NAME: SITIO: PROJECT NAME: CONTRACT #: CONTRACTOR: CONTRANTE: SUBCONTRACTOR: SUBCONTRATANTE Person Interviewed: Nombre de Persona Entrevistada S/S Number / I 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: Project Superintendent: Total number of workers observed on the visit: Type of work observed: Type of workers observed.- Was bserved:Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Explain additional information received from the worker: Interview Conducted by: DATE FECHA: Interior /Exterior (circle) Telephone Telephone Yes No 0 0 Z 0 Q W F- CITY OF SANTA CLARITA July 21, 2000 Certified Mail Mr. John Doe Hwy` ACME Painting 13414 Labor Street Los Angeles, CA 90605 Dear Mr. Doe: 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 ACME Flooring 8320 Camino Santa Fe � a Santa C 1 arita, CA 92121 Dear Ms. Doe: Certified Mail The City of Santa Clarita has awarded your firm a contract requiring your compliance with Part 71 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 Certified Mail est Request for 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. 8. 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. 9. Either the Public Works Payroll Reporting Form (Form A-1-131) or the City of Santa Clarita reporting form must be used. ,4 f CITY OF SANTA CLARITA March 1, 2000 Mr. Doe ACME Construction Co. 115 Market Place, Suite A Los Angeles, CA 92029-1353 Dear Mr. Doe: Certified Mail Stele Certiled P�a,�roll Cprrecti"'"'ro�Le er 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, 17759 1776, 1777.55, 1777.7, 18109 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 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) 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: First Advertised Date: County Where Work Is Performed: Date Notice of Completion Filed: 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-civAlabor compliance program.doc e3i Sri �f(p�°�`� SII}°�(9 I>;i�i ° R #€ ! ilk f#1 t€ ¢I tl I 1 i� Vis; 6, 1, 1, qi € $ s d e to {F 1 11I €It �t I Ir € # I ff € I�a € € PIt € i4 t dgr d�9 I$€ w it WR if It 14 I ` 1d1 t ° 'I i t. 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