HomeMy WebLinkAbout2016-05-24 - AGENDA REPORTS - SD FACILITY ROOF PROJ M2005 (2)SECTION - A
NOTICE INVITING BIDS
Santa Clarta Business Incubator ROOF REPLACEMENT
Project M2005
SECTION - B
INSTRUCTIONS TO BIDDERS
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION B: INSTRUCTIONS TO BIDDERS
SANTA CLARITA BUSINESS INCUBATOR ROOF
City Bid No. ENG -16-16-M2006
City Project M2006
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 the Santa Clarita Business Incubator Roof Replacement—City Bid No. CIP 15-16-
M2005, city Project M2005, City of Santa Clarita, California — 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A proposal may be withdrawn by a written request signed by the BIDDER.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.
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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 B or C-39 at the
time a contract for this work is awarded.
It is the intention of the AGENCY to award a contract to a BIDDER who furnished satisfactory
evidence that he/she has the requisite experience and ability, and that he/she has sufficient and
services, except as may be provided otherwise in the Contract Documents. In the event of a
difference between a price quoted in words and a price quoted in figures for the same quotation,
the words shall be the amount bid. At the time of the bid opening, BIDDER shall provide
documentation with references to substantiate his experience including job location, size,
schedule and owner's name, address and telephone number for the above items. Before
entering into a Contract, the successful bidder shall furnish a statement of his financial condition
as may be required by the AGENCY.
The AGENCY may conduct investigations as it deems necessary to assist in the evaluation of
any Bid and to establish the responsibility, qualifications and financial ability of the BIDDER to
do the Work in accordance with the Contract Documents to the AGENCY's satisfaction within
the prescribed time. To determine the degree of responsibility to be credited to the BIDDER,
the AGENCY will weigh any evidence including but not limited to evidence of suspension,
debarment, exclusion, or determination of ineligibility by any other AGENCY. Any BIDDER
which has been debarred by any PUBLIC AGENCY in the last (10) ten years is deemed not to
be a qualified BIDDER for the purposes of this project.
If in the opinion of the AGENCY, a BIDDER is determined to be insufficiently qualified, then that
bid will not be considered for award of the contract.
8. EXAMINATION OF CONTRACT DOCUMENTS
BIDDER shall examine carefully the entire site of the work, including but not restricted to the
conditions and encumbrances related thereto, the plans and specifications, and the proposal
and contract forms therefore. The submission of a bid shall be conclusive evidence that
BIDDER has investigated and is satisfied as to the conditions to be encountered, as to the
character, quality, and scope of the work to be performed, the quantities of material to be
furnished, and as to the requirements of the proposal, plans, specifications, and other contract
documents.
BIDDERS must satisfy themselves by personal examination of the work site, plans,
specifications, and other contract documents, and by any other means as they may believe
necessary, as to the actual physical conditions, requirements, and difficulties under which the
work must be performed. No BIDDER shall at any time after submission of a proposal make
any claim or assertion that there was any misunderstanding or lack of information regarding the
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nature or amount of work necessary for the satisfactory completion of the job. Errors,
omissions, or discrepancies found in the plans, specifications, or other contract documents shall
be called to the attention of the AGENCY by fax as instructed and with the date and time given
for BIDDERS questions in the most current NOTICE INVITING SEALED BIDS.
9. 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.
10. EQUIVALENT MATERIALS
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.
11. 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 them 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.
12. NOWDISCRIMI NATION
In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring,
promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of
the California Fair Employment & Housing Act (Government Code Section 12900, et se .), 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.
13. PROTECTION OF RESIDENT WORKERS
The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Under the INA, employers may hire only persons who may legally work in
the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the
U.S. The employer must verify the identity and employment eligibility of anyone to be hired,
which includes completing the Employment Eligibility Verification Form (1-9). The Contractor
shall establish appropriate procedures and controls so no services or products under the
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Contract Documents will be performed or manufactured by any worker who is not legally eligible
to perform such services or employment.
14. AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible BIDDER as determined
solely by the AGENCY as follows. 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 vvith the Engineer's Estimate.
The acceptance of a proposal vvill 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.
15. 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.
16. REGISTRATION OF CONTRACTORS
The successful BIDDER shall possess a State Contractor's license, Class B or C-39 at the
time that a contract for this work is awarded, CONTRACTORS shall be licensed in
accordance vvith the provisions of Chapter 9, Division 3 of the Business and Professions
Code.
17. 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 vvith the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [vvith 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 vvith 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.
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The CONTRACTOR to whom the award is made will be notified to meet with the AGENCYs
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
require 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 "Subcontractor's List" form 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.
21. SIB 854 LANGUAGE OPTIONS/ DESIGNATION OF SUB CONTRACTORS
NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code, or engage in the
performance of any contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a
violation of this section for an unregistered contractor to submit a bid that is authorized by Section
7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract
Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of
the Labor Code at the time the contract is awarded.
This bid is submect to SIB 854
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22. 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.
23. GENERAL
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award
and administration of US DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy, as the recipient deems appropriate. Each subcontract signed
by the bidder must include this assurance.
Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required
to be furnished after bid opening, including but not limited to escrowed bid documents, where
applicable, may subject the bidder to a determination of the bidder's responsibility in the event
it is the apparent low bidder on a future public works contracts.
The form of Bidder's Bond provided in Section C, "Proposal," of the Standard Specifications
shall be included with the Proposal.
In conformance with Public Contract Code Section 7106, a Non -collusion Affidavit is included
in the Proposal. Signing the Proposal shall also constitute signature of the Non -collusion
Affidavit.
24. AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions in Section 2-1, "Award and Execution of
Contract," of the Standard Specification of Public Works Construction (SSWPC), 2015
Edition, and these special provisions for the requirements and conditions concerning award
and execution of contract.
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid
complies with all the requirements prescribed.
The contract shall be executed by the successful bidder and shall be returned, together with
the contract bonds, to the Agency so that it is received within 10 days, not including
Saturdays, Sundays and legal holidays, after the bidder has received the contract for
execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The
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executed contract documents shall be delivered to the following address: City of Santa
Clarita, Attn: Ron Fierro 23920 Valencia Blvd Suite 120, Santa Clarita CA 91355
25. PERFORMANCE OF SUBCONTRACTORS
The subcontractors listed by the Contractor in conformance with Section 2-3.1, "Subcontracts"
of the SSPWC, shall perform the work and supply the materials for which they are listed,
unless the Contractor has received prior written authorization to perform the work with other
forces or to obtain the materials from other sources.
The subcontractors listed by you in the Contract Documents shall list therein the name and
address of each subcontractor to whom the bidder proposes to subcontract portions of the
work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever
is greater, in accordance with the Subletting and Subcontracting Fair Practices Act,
commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited
to other provisions of the Act related to the imposition of penalties for a failure to observe its
provisions by using unauthorized subcontractors or by making unauthorized substitutions.
26. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of
receipt of each progress payment in accordance with the provision in Section 7108.5 of the
California Business and Professions Code concerning prompt payment to subcontractors.
The 10 days is applicable unless a longer period is agreed to in writing. Any delay or
postponement of payment over 30 days may take place only for good cause and with the
agency's prior written approval. Any violation of Section 7108.5 shall subject the violating
contractor or subcontractor to the penalties, sanction and other remedies of that section. This
requirement shall not be construed to limit or impair any contractual, administrative, or judicial
remedies otherwise available to the contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the prime contractor, deficient subcontract
performance, or noncompliance by a subcontractor. This provision applies to both DBE and
non -DBE subcontractors.
27. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The agency shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the agency, of the contract work, and
pay retainage to the prime contractor based on these acceptances. The prime contractor, or
subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days
after receiving payment for work satisfactorily completed and accepted including incremental
acceptances of portions of the contract work by the agency. Federal law (49CFR26.29)
requires that any delay or postponement of payment over 30 days may take place only for
good cause and with the agency's prior written approval. Any violation of this provision shall
subject the violating prime contractor or subcontractor to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These
requirements shall not be construed to limit or impair any contractual, administrative, or
judicial remedies otherwise available to the prime contractor or subcontractor in the event of a
dispute involving late payment or nonpayment by the prime contractor, deficient subcontract
performance, or noncompliance by a subcontractor. This provision applies to both DBE and
non -DBE prime contractors and subcontractors.
28. PROTEST PROCEDURES.
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Protest Procedures - Any person or entity may present a formal protest to the City with
respect to solicitations being conducted by staff.
a) 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.
b) Format
The protest must be in writing and include the following information at a minimum:
The name, address and phone number of the protester, or the authorized
representative of the protester;
ii. The signature of the protester or authorized representative of the
protester;
iii. The solicitation number and title under which the protest is submitted;
iv. 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
V. The form of relief requested.
c) 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.
d) Bid Protest and Review
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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.
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.
iii. 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.
iv. 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.
V. The decision of the City Manager or designee on the bid protest shall be final with
no further review.
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SECTION - C
PROPOSAL
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION - D
CAPITAL IMPROVEMENT
PROJECT AGREEMENT
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
FAITHFUL PERFORMANCE BOND
SANTA CLARITA BUSINESS INCUBATOR ROOF
City Bid No. ENG -16-16-M2006
City Project M2006
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that I
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 120.
CONTRACTOR*
SURETY*
Subscribed and sworn to this
20
NOTARY PUBLIC
day of I
* Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title,
address, and telephone number of authorized representative.
D-1
LABOR AND MATERIAL BOND
SANTA CLARITA BUSINESS INCUBATOR ROOF
City Bid No. ENG -16-16-M2006
City Project M2006
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that .1
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 120.
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Subscribed and sworn to this
20
NOTARY PUBLIC
day of
* Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title,
address, and telephone number of authorized representative.
D-2
SECTION - E
GENERAL PROVISIONS
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION - F
SPECIAL PROVISIONS
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION - G
LABOR COMPLIANCE PROGRAM
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION G
CITY OF
SANTA CLARITA
LABOR COMPLIANCE
PROGRAM
Effective Date of Approval: November 20, 2003
Updated: January 24, 2012
LA#1 35134 v2
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM IMPLEMENTATION
PLAN & OPERATIONAL NUNUAL
Table of Contents
Section
1. Introduction
11 Labor Compliance Program
III. Implementation Plan
IV. Operational Manual
• Site Visitation /Interviewing Requirements
V. Procedures
• Certified Payroll Verification
• Labor Compliance Site Monitoring
VI. Forms
0
Public Works
Contract Award Inform ation (DAS 140)
0
Training Funds Contributions (CAC 2)
0
Contractor Fringe Benefit Statement
0
Certified Payroll Reporting (sample)
0
DIR Public Works Payroll Reporting Form A-1 -131(2-80)
0
Prevailing Wage Determination (sample)
0
Rules of Engagement
0
Labor Compliance Site Visitation Interview Form
0
Site Visitation Log
0
Pre -Award Letter (sample)
0
Post -Award Letter (sample
0
1 st Request for Certified Payrolls Letter (sample)
0
Missing Documents List
0
Certified Payroll Worksheet
0
Certified Payroll Correction Letter (sample)
0
Report of Action for Prevailing Wage Violations
LA#1 35134 v2
Section I
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM
LA #13 5134 v2
INTRODUCTION
The City of Santa Clarita (the "City") institutes this Labor Compliance Pro -ram ("LCP") for the
purpose of identifyin- and implementin- 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
12003.
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:
I . 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 CONTENT
B. Falsification of Payroll Records, Misclassification of Work
and/or Failure to Accurately Report Hours of Work ....................... 8
rpazle
Introduction
D.
1.
Public Works Subject to Prevailing Wage Laws ......................................
I
A. Types of Contracts to Which Prevailing Wage
F.
For the Taking of Kick Backs ......................................................... 8
Requirements Apply .......................................................................
I
A.
B. Applicable Dates for Enforcement of the LCP ................................
I
it.
Competitive Bidding on City Public Works Contracts ............................
2
in.
Job Start Meeting ........................................................................................
2
IV.
Review of Certified Payroll Records ..........................................................
3
A. Certified Payroll Records Required ................................................
3
B. Apprentices .....................................................................................
5
C. Audit of Certified Payroll Records ..................................................
6
D. Complaints ......................................................................................
6
E. Review of Certified Payroll Records ..............................................
7
F. Confirmation of Payroll Records ....................................................
7
G. Written Summary of Labor Compliance Activities .........................
7
V.
Reporting of Willful Violations to the Labor Commissioner ...................
8
A. Failure to Comply with Prevailing Wage Requirements .................
8
B. Falsification of Payroll Records, Misclassification of Work
and/or Failure to Accurately Report Hours of Work ....................... 8
C.
Failure to Submit Certified Payroll Records ................................... 8
D.
Failure to Make Employee Payments .............................................. 8
E.
Failure to Pay the Correct Apprentice Rates and/or
Misclassification of Workers as Apprentices .................................. 8
F.
For the Taking of Kick Backs ......................................................... 8
V1. Enforcement
Action .................................................................................... 8
A.
Duty of the Awarding Body ............................................................ 8
B.
Withholding Contract Payments when Payroll
Records are Delinquent or Inadequate ............................................ 9
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
This LCP contains the labor compliance standards required by state and federal laws,
regulations, and directives, as well as City policies and contract provisions.
The California Labor Code Section 1770, et seq. requires that contractors on public works
projects pay their workers based on the prevailing wage rates which are established and issued by
the Department of Industrial Relations, Division of Labor Statistics and Research.
In establishing this LCP, the City adheres to the statutory requirements as enunciated in Section
1771.5(b) of the Labor Code. Further, it is the intent of the City to actively enforce this LCP by
monitoring City construction sites for the payment of prevailing wage rates, and by requiring
contractors and subcontractors having workers on City sites to submit copies of certified payroll
records demonstrating their compliance with the payment of prevailing wage rates.
The failure of the City to comply with any requirement imposed by the California Code of
Regulations shall not of itself constitute a defense to the failure to pay prevailing wages or to
comply with any other obligations imposed by Chapter 1 (commencing with Section 1720), Part
7, Division 2 of the Labor Code.
Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations
undergo alteration, amendment, or deletion, the City will modify the affected portions of this
program accordingly.
SECTION I
PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS
State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et
seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair,
or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermines the
appropriate prevailing wage rates for particular construction trades and crafts by county.
A. Types of Contracts to Which Prevailing Wage Requirements Appl
Applicable projects under Labor Code Section 1720 etseq.
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 11
COMPETITIVE BIDDING ON CITY PUBLIC
WORKSCONTRACTS
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 V11 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 etseq.);
9. The requirement to be properly licensed and to require all subcontractors to be properly licensed,
and the penalty for employing workers while unlicensed under Labor Code Section 1021 and
under the California Contractors License Law, found at Business and Professions Code Section
7000, et seq.);
10. The prohibition against unfair competition under Business and Professions Code Sections 17200-
17208);
11. The requirement that the contractor and subcontractor be properly insured for Workers'
Compensation under Labor Code Section 1861);
12. The requirement that the contractor abide by the federal and state Occupational Safety and Health
laws and regulations that apply to the particular public works project;
13. The federal prohibition against hiring undocumented workers, and the requirements to secure
proof of eligibility/citizenship from all workers; and
14. The requirements to provide itemized wage statements to employees under Labor Code Section
226.
Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and
that I am authorized to make this certification on behalf of (name of subcontractor).
Date
Name of person signing and company
The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask
questions of the LCO relative to the items contained in the Labor Law Requirements Checklist. The
checklist will then be signed by the contractor's representative, a representative of each subcontractor,
and the LCO.
At the Job Start meeting, the LCO will provide the contractor with a copy of the City's LCP package
which includes: a copy of the approved LCP, the checklist of Labor Law Requirements, applicable
Prevailing Wage Rate Determinations, blank certified payroll record forms, fringe benefit statements,
State apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public
Agencies (Part 7, Chapter 1, Sections 1720-1861).
It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors
and to any substituted subcontractors.
SECTIONIV
REVIEW OF CERTIFIED PAYROLL RECORDS
A. Certified Payroll Records Require
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- 13 1);
(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
paidfull prevailing wage rates asjourneypersons.
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 Prograrms) 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 ofjourneyperson work; and
3. Contribute to the applicable Apprenticeship Prograrms) 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 famish 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.
Confirniation of Pavroll 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 'Tmployer 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, confirniation of furnished payroll records shall be undertaken randomly
for at least one worker for at least one weekly period within that month. Confirmation shall also be
undertaken whenever complaints from workers or other interested persons or other circumstances or
information reasonably suggest to the Labor Compliance Program that payroll records furnished by a
contractor or subcontractor are inaccurate.
G. Written Summary of Labor Compliance Activities
For each public work project subject to a Labor Compliance Program's enforcement of prevailing
wage requirements, a separate, written summary of labor compliance activities and relevant facts
pertaining to that particular project shall be maintained. This summary shall demonstrate that
reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent
with the practice of the Labor Commissioner. Attachment H "Suggested Single Project Labor
Compliance Review and Enforcement Report Form" is the suggested format.
SECTIOI'� V
iv"1191 W1WWM1iF&&19VVJJ1WM 106"
If an investigation reveals that a willful violation of the Labor Code has occurr ed, 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, Nfisclassification 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 Pav 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 Pav the Correct Apprentice Rates and/or Nfisclassification 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.
8
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.
SECTIONVI
ENFORCEMENT ACTION
A. Dinty of the Awarding Bo
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 etseq.
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. "hiadequate payroll records" are any one of the following:
a. A record lacking the information required by Labor Code Section 1776;
b. A record which contains all of the required information but is not certified, or is certified by
someone not an agent of the contractor or subcontractor;
c. A record remaining uncorrected for one payroll period, after the awarding body has given the
contractor notice of inaccuracies detected by audit or record review. However, prompt
correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of
the entire certified weekly payroll in dollar value and do not affect more than half the persons
listed as workers employed on that certified weekly payroll, as defined in Labor Code Section
1776 and Title 8 CCR Section 16401. Prompt correction will stop any duty to withhold if
such inaccuracies are de minimus.
The withholding of contract payments when payroll records are delinquent or inadequate is
required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the
Labor Commissioner. The LCP shall only withhold those payments due or estimated to be due
to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any
additional amount that the Labor Compliance Program has reasonable cause to believe may be
needed to cover a back wage and penalty assessment against the contractor or subcontractor
whose payroll records are delinquent or inadequate; provided that a contractor shall be required
in turn to cease all payments to a subcontractor whose payroll records are delinquent or
inadequate until the Labor Compliance Program provides notice that the subcontractor has cured
the delinquency or deficiency.
When contract payments are held under this section, the Labor Compliance Program shall
provide the contractor and subcontractor, if applicable, with immediate written notice that
includes all of the following: (1) a statement that payments are being withheld due to delinquent
or inadequate payroll records, and that identifies what records are missing or states why records
that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and
(3) informs the contractor or subcontractor of the right to request an expedited hearing to review
the withholding of contract payments under Labor Code Section 1742, limited to the issue of
whether the records are delinquent or inadequate or the Labor Compliance Program has
exceeded its authority under this section.
No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll
records after the required records have been produced.
In addition to withholding contract payments based on delinquent or inadequate payroll records,
penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a
written request for certified payroll records. The assessment of penalties under Labor Code
Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436
of these regulations.
C. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment or
Other Violation Has Occurred
1. "Withhold and "contracts" have the same meaning set forth in sections 16435(a) and 16435(b) of
the California Code of Regulations.
2. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of
the violation and reference made to its right Under Labor Code Section 1720.
3. "Amount equal to the undetpaymenf' 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 crafl�
classification, or trade in which they were employed and the amounts paid;
c. Estimated amounts of "illegal taking of wages"; and
d. Amounts of apprenticeship training contributions paid to neither the program sponsor's
training trust nor the California Apprenticeship Council;
e. Estimated penalties under Labor Code Sections 1775, 1776 and 1813.
4. The withholding of contract payments, when after investigation, it is established that
underpayment or other violations have occurred requires the prior approval of the Labor
Commissioner under sections 16436 and 16437 of the California Code of Regulations.
10
2. Provisions relating to the penalties under Labor Code Sections 1775, and 1813:
a. Pursuant to Labor Code Section 1775, the contractor shall, as a penalty to the City, forfeit up
to two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid
less than the prevailing wages.
b. Pursuant to Labor Code Section 1813, the contractor shall, as a penalty to the City on whose
behalf the contract is awarded, forfeit twenty-five dollars ($25) for each worker employed in
the execution of the contract by the contractor or by any subcontractor for each calendar day
during which such worker is required or permitted to work more than 8 hours in any one
calendar day and 40 hours in any one calendar week without payment of 1 '/2 times the rate of
pay.
D. Forfeitures Requiring Approval by the Labor Commissioner
1. For purposes of this section,"Forfeitures" means the amounts of wages, penalties, and forfeitures
assessed by the Labor Compliance Program and proposed to be withheld pursuant to Labor Code
Section 1771.6(a), and includes the following: (1) the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or portion thereof for which each
worker was paid less than the prevailing wage rate by the contractor or subcontractor; and (2)
penalties assessed under Labor Code Sections 1775, 1776 and 1813.
2. If the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than
$1,000.00, the forfeitures shall be deemed approved by the Labor Commissioner upon service and
the Labor Commissioner's receipt of copies of the following: (1) The Notice of Withholding of
Contract Payments authorized by Labor Code Section 1771.6(a); (2) an Audit as defined in
section 16432(e) of the California Code of Regulations; and (3) a brief narrative identifying the
Bid Advertisement Date of the contract for public work and summarizing the nature of the
violation, the basis of the underpayment and the factors considered in determining the
assessment of penalties, if any, under Labor Code Section 1775.
3. For all other forfeitures, approval by the Labor Commissioner shall be requested and obtained in
accordance with Section 16437 of the California Code of Regulations (subsection E)
E. Determination of Amount of Forfeiture by the Labor Commissioner
1. Where the LCO requests a determination of the amount of forfeiture, the request shall include a
file or report to the Labor Commissioner which contains at least the information specified in
subparts (1) through (9) below:
a. Whether the public work has been accepted by the awarding body and whether a valid notice
of completion has been filed, the dates if any of those events occurred, and the amount of
funds being held in retention by the Awarding Body;
b. Any other deadline which, if missed, would impede collection;
c. Evidence of violation, in narrative form;
d. Evidence of violation obtained under section 16432 of the California Code of Regulations
and a copy of the Audit prepared in accordance with section 16432(e) of the California Code
of Regulations setting forth the amounts of unpaid wages and applicable penalties;
e. Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor
and subcontractor were given the opportunity to explain why there was no violation; or that
I I
any violation was caused by good faith mistake and promptly corrected when brought to the
contractor or subcontractor's attention, and (B), the contractor and subcontractor either did
not do so or failed to convince the Labor Compliance Program of its position;
Where the City seeks not only amounts of wages but also a penalty as part of the forfeiture,
and the contractor has unsuccessfully contended that the cause of violation was a good faith
mistake that was promptly corrected when brought to the contractor or subcontractor's
attention, a short statement should accompany the proposal for a forfeiture, with a
recommended penalty amount pursuant to Labor Code Section 1775(a);
g. Where the City seeks only wages or a penalty less than $200 per calendar day as part of the
forfeiture because the contractor or subcontractor has successfully contended that the cause of
violation was a good faith mistake that was promptly corrected when brought to the
contractor or subcontractor's attention, the file should include the evidence as to the
contractor or subcontractor's knowledge of its obligation, including the Program's
communication to the contractor or subcontractor of the obligation in the bid invitations, at
the pre -job conference agenda and records, and any other notice given as part of the
contracting process. Included with the file should be a statement similar to that described in
subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section
1775(a);
h. The previous record of the contractor and subcontractor in meeting their prevailing wage
obligations; and
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 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. DebarmentPoliev
1. It is the policy of the City that the public works prevailing wage requirements set forth in the
California Labor Code, Section 1720-1861, be strictly enforced. In furtherance thereof
construction contractors and subcontractors found to be repeat violators of the California Labor
Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise
being awarded any public work contract within the state of California, for the performance of
construction and/or maintenance services for the period not to exceed three (3) years in duration.
The duration of the debarment period shall depend upon the nature and severity of the labor code
violations and any mitigating and/or aggravating factors, which may be presented at the hearing
conducted by the Labor Commissioner for such purpose.
I
Palmooman'111 vie I 1 10 A
MORIMMMENTMIMUff lUll
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 10 13
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 NCVvT 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 maybe 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 Author*IX
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
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 IN
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.
L.MniiT4zv=. orm
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.
R"1111111111
A. Annual RQort 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 I 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
ATTACYMENT A
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM
CHECKLIST OF LABOR LAW REQUIREMENTS
FOR REVIEW ATJOB START MEETINGS
The federal and state labor law requirements applicable to the contract are composed of, but not limited
to, the following:
1. Pavment 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 flie 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 flieir
portion of the work is less flian one half of one percent of flie total amount of flie 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 them
wage paid to each owner, joumey 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 flie principal office of flie 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 flie LCO. In the event that fliere has been no work perfornied during a
given week, flie Certified Payroll Record shall be annotated "No WorVfor that week.
5. Nondiscrimination in Employme
The prohibition against employment discrimination under Labor Code Sections 1777.6; the
Government Code; and Title VII of flie 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 etseq.);
9. ProperLicensing
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, etseq.);
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
(For Use with Title 8 CCR Section 16432 Audits)
-Public Works Investigation Worksheet
-Public Works Audit Worksheet
-Prevailing Wage Detentrination Suarmary
19
ATTACIINIENT C
Labor Compliance Program Regulations (referred to as Appendix D)
REQUEST FOR APPROVAL OF FORFEITURE -- Su--ested 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):
!SN'403im"Elam
ProjectName:
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 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
� W-wommejo I N N Inan N N mela
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 ofIssues.
B.Inveshgahve 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.AuditReport (detailed explanation ofhow audit was completed addressing each ofthe 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 consideredin determining recommenckdpenalties).
E.PRecommenckdpenalties underLaborCode Section 1775(a) andbasisfor recommendation including
howfactors in subsection (a) (2) of Section 1775 were applied to arrive at the recommended amount(s).
ATTACHMENTS
I . 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
Atrn.: 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]
ork 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:
ork performed in County of:
Project Name and Number (if any):
Prime Contractor
Subcontractor
Pursuant to Labor Code § I 771.5(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:
El The following payroll records are delinquent (specify weeks and due dates):
El 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:ff 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. 7he only issue in any such review proceeding is
whether the specifiedpayroll records are infact 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 o5ndustrial 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 inforniation 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 detennination of liability for wages or penalties under
Labor Code §§1775 and 1776 or any other statute. Contract payments cannot continue to be withheldpursuant to
this notice, once the required records have been produced However, the contractor and subcontractor may still be
subject to the assessment of back wages and penalties and the withholding of contract payments if, upon
investigation, a determination is made that the contractor or subcontractor violated the public works requirements of
the Labor Code.
This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance
programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and
may also have additional rights or remedies under the public works contract.
26
ATTACMIENT D-2
Labor Compliance Program
(SEAL
Phone
Fax
Date:
In Reply Refer to C.,� No.
Notice of Withholding of Contract Payments
Awuding Body Work Perfo�d in County of
�oj�dNano, �oj�d No.
Prnn� Confindor
Subconfinctor
After an investigation concerrung 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
27
VISIT ICO PRIME SUB
DATE NTRACTORICONTRAC
M k 9 *Tj 1.01 k ril 9 Eel Ll I I DIM
SOCIAL
SECURITY #
A ICOMPLIANT/I LABORCOMPLIANCE
PERF=ED AT I RATIE NON OFFICE COMMENTS
INTERVIEW COMPLIANT
Certified Payroll Records
check out
check out with interview
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: —Nam
e and Address of Prime Contractor:
Project's Scope of Work:
Contractors in Violation of the Labor Code and their Scope of Work:
Statement of the Issues Identified to the Contractor:
Summary of the Audit Investigation:
CPR Spread Sheets
Labor Code Sections Violated:
Summary of Penalty Assessment Justification:
Identify Labor Code 1775 and 1813 Penalties Requested with Calculated Totals:
Is the Violation Due to Mistake, Inadvertence or is it a Willful Failure to Pay the Correct Wages:
Previous Record in Meeting Prevailing Wage Obligations:
Identify and Provide All Correspondence:
Identify and
Provide Any Contractor Response:
Recommend Penalty Assessment:
eng-civi\labor complimce progrm.doc
SECTION - H
Manufacturer's Maintenance Warranty
Agreement
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION - I
Construction & Demolition Materials
Management Plan (C&DMMMP Form)
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
SECTION - J
Technical Specifications -Scope of Work
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
City of Santa Clarita- Business Incubator Building
SECTION J
TECHNICAL SPECIFICATIONS — "SCOPE OF WORK"
Santa Clarita Business Incubator Roof Replacement
City Bid No. ENG -16-16-M2006
City Project M2006
City of Santa Clarita, California
Section 07530
SINGLE PLY ROOFING — MECHANICALLY ATTACHED
GENERAL
1.1.DESCRIPTION
10/2015
A. Installation of a Class A, UL listed Single Ply membrane assembly, mechanically
attached over specified barrier board and insulation and related flashings.
B. Notice to bidding Contractors: According to the data attached in Exhibit 1, non -friable
asbestos containing materials can be found in designated mastics and coatings on
this roof. It is the responsibility of the contractor to determine how to
remove/treat/dispose this material in accordance with state and local guidelines.
C. All work in this project will require close coordination with the City and work being
performed on adjacent areas. The Business Incubator Building has operations
occurring year round. This work is subject to the working hours and operations at the
site and work hours may be changed at the request of the City's Coordinator to
accommodate the City.
The Base Bid for this project consist of roof replacement on the selected roof areas at
the Business Incubator Building with a U.L. Class 'A' roofing system utilizing materials
that are pre -purchased by the City. Contractor is to provide Labor to install the
materials in conformance with Contract Documents and as necessary in order for
Tremco to issue specified Warranty and Maintenance Program.
Contractor shall be responsible for providing and installing additional materials not
provided by the City (See Attachment #1). Materials must be approved by Roof System
Manufacturer in writing. Additional materials required for a complete installation are
to be supplied by the Contractor including but not limited to sheet metal flashings,
edge metals, gutters, coatings and coping materials.
Contractor shall provide all labor and material and equipment as necessary to off load
Owners material from transit vehicles and placement within staging areas or roof top.
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Contractor shall verify shipping manifests and compare and sign off quantities from
Owner Materials Supplied List.
1.2.SCOPE OF WORK
A. The roofing contractor shall install the mechanically attached TPA system roofing
membrane, as described in this specification. and in accordance with the Contract
Documents.
B. Work Included: Business Incubator Building
1 . ACM removal of designated mastics; see EXHIBIT 1
2. Removal of existing roof systems down to decking
2. Replacement of damaged or "dry -rotted" decking and wood fascia's.
3. Removal of existing internal sheet metal gutters and replacement with new
TPA Clad metal gutters.
4. Raising of designated equipment curbs.
5. 1 1/2" Polyiso. insulation mechanically attached.
6. 1/4" Dens Deck board mechanically attached.
7. Treated wood nailers.
8. Mechanically fastened 60mil TPA Single Ply Membrane.
9. New TPA clad metal edging.
10. Clean up
11. Warranty
12. Maintenance Warranty (ADDITIVE BID ITEM #1)
1.3.PERFORMANCE REQUIREMENTS
A. General: Install a watertight, single -ply roofing and base flashing system with
compatible components that will not permit the passage of liquids, water and will
withstand wind loads, thermally induced movement, and exposure to weather without
failure.
B. FM Listing: Provide single ply roofing, base flashings, and component materials that
comply with requirements of FM 4450 and FM 4470 and FM 1-49 Loss Prevention
Data Sheet as part of a roofing system and that are listed in FM's "Approval Guide"
for Class 1 or noncombustible construction, as applicable. Identify materials with FM
markings.
1 Roofing system shall comply with the following:
a. Fire/Windstorm Classification: FM Class 1A-90.
b. FM 1-49 Loss Prevention Data Sheet
C. FM 1-28 Loss Prevention Data Sheet
d. FM 1-29 Loss Prevention Data Sheet
1.4.QUALITY ASSURANCE
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A. There shall be no deviations made from these specifications without the prior written
approval of the Owners Representative.
B. Upon completion of the installation, contractor shall notify Manufacturers Technical
Service Department who shall inspect the completed roof to verify that the visible
elements of the installation have been installed in accordance with Manufacturers
specifications, detail drawings, and approved changes.
C. Provide manufacturers, Tremco's, Job Site Visits to inspect and review the
installation procedures and materials used. Contractor shall provide the minimum
amount of Job Site Visits; noted below. Each inspection shall be reported in writing to
the Owner. Architect and Contractor.
1 . Contractors Certified by the material manufacture, Tremco, are to provide a
minimum of two (2) inspections.
2. Contractors that are approved, authorized, or licensed by the material
manufacture, Tremco, are to provide a minimum of Four (4) inspections.
1.5.SUBMITTALS
A. Submit the following if requested by Owner:
1 . Copies of manufacturers Product Data sheets for products specified.
2. Material Safety Data Sheets.
3. Written verification from Manufacturer that contractor is an authorized
applicator.
4. Submit, for approval, any primary items necessary but not furnished by system
manufacturer. Only items that have written approval from manufacturer will be
accepted.
5. Certificates of Compliance from roofing component manufacturer that all
material to be supplied complies with all industry standards and is provided by
one manufacturer.
1.6 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Materials shall be delivered in the original, unopened containers.
B. All products shall be delivered to the job site with the manufacturers labels on each
roll or container. When required, the label shall also indicate the specified
code/insurance approvals.
C. All materials shall be stored flat, elevated from the roof or deck, protected with
waterproof covers as necessary to keep the materials dry. The plastic wrap on TPA
System rolls is not a waterproof cover.
D. TPA bonding adhesive shall be stored at temperatures above 40 degrees F. All
flammable materials shall be stored in a cool, dry area away from spark and open
flames.
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E. All materials shall be provided from one manufacturer to assure compatibility unless
approved by Roof System Manufacturer.
F. All materials shall be protected from damage.
G. Materials damaged in handling or storage shall not be used without authorization by
Tremco. Unsalvageable materials shall be replaced at the contractors expense.
H. Material Safety Data Sheets, available from Tremco, shall be reviewed.
1.7 QUALIFICATIONS
A. Installer Qualifications: Engage an experienced installer to perform Work of this
Section who has specialized in installing roofing similar to that required for this
Project; who is certified, approved, authorized, or licensed by the roofing system
manufacturer to install manufacturer's products; and who is eligible to receive the
standard roofing manufacturer's warranty. Roofing Contractor to certify that the
company or any of its officers have not been in bankruptcy within the past 10 years.
B. Contractor shall provide the Manufacturers Technical Services Inspections; See 1.4
Quality Assurance. The Technical Services inspections are to verify and confirm the
materials and installation procedures are performed in a manner to comply with the
manufacturers warranty. Each Technical Service inspection shall be submitted to
Pre -Roofing Meeting attendees.
1.8 JOB CONDITIONS
A. Hazardous Materials Certification is required to be submitted with bid
B. TPA Single Ply System shall not be installed during periods of precipitation or be
installed under certain adverse weather conditions.
C. Only as much of the new roofing as can be made weather -tight each day shall be
completed in accordance with the specifications.
D. All work shall be scheduled and executed without exposing the interior building
area(s) to the effect of inclement weather. The existing building and its content shall
be protected against all risks associated with installation of the roof system.
E. All surface areas to receive new board stock, membrane or flashings, shall be
thoroughly dry. Should surface moisture occur, the contractor shall provide necessary
materials and equipment to dry the surface area affected prior to installation.
F. All areas contaminated by dirt, debris, and dust shall be cleaned from surfaces by
vacuuming, sweeping or power blowing.
G. The roofing contractor shall take measures necessary to avoid damage to the TPA
Single Ply System during construction. The roofing contractor shall advise the
general contractor concerning potential damage to the System and the measures
taken to avoid such damage during construction.
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H During Phase work, precautions and protective materials shall be used to protect the
already installed roofing material(s).
When storing material on the roof, and during application, the roofing contractor shall
ensure that overloading of the deck and structure does not occur.
J. Temporary waterstops shall be installed at the end of each day's work, and shall be
removed before proceeding with the next day's work. Waterstops shall be compatible
with all materials.
K. Water tightness of the waterstops is the contractors responsibility.
L. Any deteriorated deck or flashing substrate that is discovered shall be promptly
reported to the owner or his designated representative. Work at these areas shall not
continue until satisfactory conditions are achieved.
M. The roofing contractor shall investigate all existing roof drain lines. Nonfunctioning
drains shall be reported to the owners' representative prior to job start. It is the
responsibility of the roofing contractor to insure adequate connection of the drain to
the drain lines.
N. The roofing contractor shall investigate the structural supports on the building to
determine the type and length of fastener required.
0. If waste products, petroleum, grease, oil, solvents, mineral oil, and other
contaminants come into contact with the TPA roofing membrane or metal panels,
contact Tremco for precautions and cleaning procedures.
P. Site clean up, including both interior and exterior building areas that have been
affected by the roof installation, shall be completed to the Owners satisfaction. All
landscaped areas affected shall be raked clean and seeded, as required.
Q. All roofing, insulation, flashings and metal work debris shall be immediately removed
from the site to a regulated legal dumping area authorized to receive such materials.
Use of the Owners disposal containers is prohibited.
1.9 WARRANTY
A. General Warranty: The warranties specified in this Article shall not deprive the
Owner of other rights the Owner may have under other provisions of the Contract
Documents and shall be in addition to, and run concurrent with, other warranties
made by the Contractor under requirements of the Contract Documents. Warranty
shall include inspections during the 2 nd 5 th, 1 oth and 15th years with written reports of
condition submitted to the Owner.
1 . Type: Manufacturers "Quality Assurance".
2. Warranty Period: 20 years.
B. Roof System Warranty shall include all flashings, penetrations, underlayment, and
seals.
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C. Contractors Warranty: Contractor shall issue a two (2) year warranty covering labor and
installation of specified system and components.
D. Maintenance Warranty: Maintenance Warranty shall not deprive the Owner of other
rights the Owner may have under other provisions of the Contract Documents.
Maintenance Warranty to run concurrently and be issued by Roofing Manufacturer.
No third party agreements are acceptable.
1 . Area: All roof areas.
2. Duration: 20 years.
3. Required Inspections: Once per year.
4. Maintenance Warranty: (Service Agreement): Manufacturers standard
maintenance program. No third party or Contractor Maintenance programs are
acceptable.
1. Service responsibilities of the Manufacturer to Owner:
a. Bi -Annual Housekeeping to include the following:
1) Removal of debris from the roof membrane.
2) Removal of debris from the roof drains, gutters, and scuppers.
3) Disposal of debris in customer supplied waste containers.
b. Storm Reports, Monitoring and Follow -Up:
1) Roof inspection at customer request of roof areas after major
storm activity.
C. Annual Roof Inspection Report:
1) Manufacturer shall provide an annual roof summary with
condition photographs.
d. Bi -Annual Preventive Maintenance to include the following:
1) Metal Edge Flashing Components.
(a) Tears, splits, and breaks in membrane flashings will be
repaired with appropriate repair mastics and
membranes.
(b) Open, split flashing strip -ins will be repaired with
appropriate repair mastics and membranes.
(c) Loose metal edge cleats and clips will be re -secured.
(d) Exposed fasteners will be sealed.
2) Parapet Wall and Counterflashing Systems:
(a) Tears, splits, kick holes, and breaks in flashing
membrane will be repaired with appropriate repair
mastics and membranes.
(b) Breaks, tears, and splits in flashing strip -ins with
appropriate repair mastics and membranes.
(c) Exposed fasteners will be sealed.
(d) Voids in termination bars, counterf lashings and parapet
cap will be cleaned and sealed.
3) Equipment / Projection Flashing Components:
(a) Tears, splits, and breaks in flashing membrane will be
repaired with appropriate repair mastics and
membranes.
(b) Open, split flashing strip -ins will be repaired with
appropriate repair mastics and membranes.
(c) Unsecured roof top equipment will be secured.
(d) Exposed fasteners will be tightened.
(e) Termination bar and counterf lashings will be sealed.
4) Roof Membrane Maintenance and Repairs:
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(a) Tears, splits, and breaks in membrane flashings will be
repaired with appropriate repair mastics and membranes.
(b) Open, split flashing strip -ins will be repaired with
appropriate repair mastics and membranes.
(c) Splits and blisters which threaten the integrity of the roof
system will be cleaned, primed, and repaired with
appropriate repair mastics and membranes.
(d) Pitch pans will be refilled and topped off.
(e) Metal projections (hoods and clamps) will be sealed.
5) Miscellaneous Maintenance Repairs:
(a) Dress up wind scoured corners with appropriate repair
mastics and coatings.
(b) Dress up reflective coatings on flashings.
(c) Re -caulking as needed.
Leak response responsibilities of the manufacturer to Owner:
a. In the event that a leak should occur:
1) Manufacturer to provide toll free 800 number for Owner to call in
leak report. Number will be monitored twenty-four (24) hours a day,
365 days a year.
2) Provide a response to Owner on all leak calls within twenty-four (24)
hours of when the call is made.
3) Provide a repair crew, at the building site, within two (2) business
days of the call.
4) Provide follow-up inspection to ensure that repairs were made
properly.
5) Monitor all leak events and response and provide a written quarterly
summary if leaks have occurred. Deliver to Owner at the end of
each quarter when leaks have occurred.
1.10. PRE -INSTALLATION
A. Pre -Construction conference: A pre -construction conference shall be held with a
representative of the Owner and all parties and trades involved with work on the roof,
to discuss all aspects of the project. The contractors field representative and/or
foreman for the project shall be in attendance.
B. Pre -installation Conference: Before installing roofing system, conduct conference at
Project site to comply with requirements of Division 1 Section "Project Meetings."
Notify participants at least 5 working days before conference.
1 . Meet with Owner; Architect; Owner's insurer, if applicable; testing and
inspecting agency representative; roofing
manufacturer's representative; and installers
or affects roofing, including installers of
mounted equipment.
Review methods and procedures related to
manufacturer's written instructions.
Installer; roofing system
whose work interfaces with
roof accessories and roof -
roofing installation, including
Examine deck substrate conditions and finishes for compliance with
requirements, including flatness and attachment to structural members.
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4. Review loading limitations of deck during and after roofing.
5. Review flashings, special roofing details, roof drainage, roof penetrations,
equipment curbs, and condition of other construction that will affect
roofing.
6. Review governing regulations and requirements for insurance,
certifications, and inspection and testing, if applicable.
7. Review temporary protection requirements for roofing system during and
after installation.
8. Review roof observation and repair procedures after roofing installation.
9. Document proceedings, including corrective measures or actions
required, and furnish copy of record to each participant.
2. PRODUCTS
2.01 MATERIAL MANUFACTURER
A. Single Ply Membrane. All components, flashings, adhesives, underlayment and
sealants of the TPA Single Ply System shall be manufactured by one manufacturer to
maintain compatibility. System shall be UL and FM listed. Tremco Manufacturing,
products, installation methods and systems are the basis of design and warranty.
1 . Basis of Design: TPA (Tri Polymer Alloy) by Tremco
2. Substitutions: Substitutions shall be submitted for approval minimum 7 days
before bid. Substitutions shall meet or exceed all standards and performance
characteristics listed or implied. The City retains final decision as to equality.
B. All materials in this specification shall be from one manufacturer to assure
compatibility.
2.02 TRI -POLYMER ALLOY MEMBRANE
A. The membrane shall be TPA, a tri -polymer alloy, polyester reinforced roofing
membrane supplied by Tremco, Inc., Beachwood OH, USA. The sheet shall conform
to the properties listed below.
1 . Thickness ASTM D-751: 60 mil (nominal)
2. Color: White (top)/Gray or black (bottom)
3. Field Roll Size: 76" wide
4. Weight: 8.0 oz. ft2 (nominal)
5. Tensile Strength ASTM D-751: 300
6. Tear Strength ASTM D-751: 1 001bf
7. Elongation @ Break ASTM D-751: 25% x 25%
8. Low Temperature Bend ASTM D-2136: Pass (-40EF)
9. Dimensional Change ASTM D-1204: 0.3%
10. EMMAQUA Test ASTM E-838: Pass (2.7 million Langleys)
C. The TPA membrane shall be mechanically attached directly to acceptable substrate.
Fasteners at perimeter flashings are to pass through insulation and barrier boards
where they occur as applicable. Deck shall exhibit sufficient capacity to hold
fasteners.
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2.03 INSULATION
A. Rigid insulation :
1 Thermal Insulation:
1) Generic Polyisocyanurate insulation, closed sell, laminated both
sides with black fiber reinforced non -asphaltic facer. ASTM C
1289-98, Type 11
b. Thickness: 1.5"
C. 4'x 8'panel size.
d. Attachment: Screws and Plates (See Barrier Board attachment)
2.04 RELATED MATERIALS
A. Barrier Board: 1/4" Dens Deck- Generic
2. Attachment: Screws & plates though insulation into substrate.
D. Fasteners (Screws & Plates):
1 . Insulation: 3" metal plates and #12 coated fastener
2. Membrane Fasteners: 2 3/8" barbed metal round plates and #15 coated
fasteners.
E. TPA Flashings
1 . Base Flashings 60mil TPA membrane.
2. Pipes and utilities: field fabricated using 55mil unreinforced TPA membrane.
3. Termination: Approved metal pressure bar and screws by Tremco.
E. Edge metal: TPA Coated Clad Metal for edge metal, internal gutters and other
flashing connections where the membrane is attached directly to the metal.
1 . 24 gauge (min) galvanized G90 and pre -coated with TPA membrane attached
at the factory
F. Membrane Flashing Adhesive: Tremco TPA Bonding Adhesive LV.
1 . Application rates for Tremco TPA bonding adhesive are listed below:
a. 1 gal./square or as required by Manufacturer for specific sub -
straight.
b. Rate of application may vary due to substrate finish.
F. Sealants:
1 . TremSeal "S" and "D"
2. Butyl Tape: T.F. Tape from Tremco
G. Mechanical Termination: Approved metal pressure bar and screws by Tremco.
H. Reglet Flashings and Coping Caps: 24 gauge galvanized steel ASTM A 653, G90,
70% Kynar finished. Accessories as required for complete installation. Accessories
to have same finish. Includes new coping cap and trim as required to provide
necessary protection to the membrane flashings.
1 . Use approved cover plate detail at coping joints.
Roof Traffic Pads: TPA Walkway pads shall be heat welded.
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1 Install a minimum of (1) 60'TPA walkway roll; Layout/locations to be provided
by Owner.
2. Install walkway under downspouts from upper roof.
J. Wood Nailers:
1 Minimum #2 lumber, pressure treated for rot resistance with a salt -based
preservative. No creosote or asphaltic type preservations shall be allowed.
2. Wood nailers shall conform to Factory Mutual Loss Prevention Data Sheet 1-
49.
3. All wood shall have maximum moisture content of 19% by weight on a dry
weight basis.
4. Thickness: Match new insulation and barrier board heigh and flush with the
surface to which the TPA membrane is to be applied
3. EXECUTION
3.1 PRE -JOB
A. The Primary contractor, the owner or the owners representative, and all parties
involved with the installation of the roof system shall conduct a pre -roofing
conference before any work begins. The meeting shall review all procedures and
obligations.
3.2 ROOF REMOVAL
A. Remove ACM materials prior to roof removal. See Exhibit I for detailed information
about ACM removal.
B. Remove all existing roofing material and related flashings to deck and dispose of
properly.
C. Remove unused sleepers and related equipment curbs.
D. Remove unused roof hatch.
3.3 ROOFING DECK PREPARATION
A. The roof deck construction must be structurally sound to provide support for the new
roof system. The roofing contractor shall notify the owner or architect in writing of any
defects in the structural deck. Work shall not proceed until the structural deck has
been repaired or replaced. It is the responsibility of the owner or owners
representative to insure the structural integrity of the roof deck.
B. Do not remove any damaged decking until damaged material has been reviewed by
the Owners Representative. Damaged board resulting from demolition procedures
shall be replaced at no charge to the Owner.
C. Remove all loose debris from the deck surface. Sweep decks of all debris as
required for a clean deck.
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D. The deck surface shall be free of standing water, ice, or snow, foreign matter, or any
debris that would affect the performance of the roof system or its installation.
E. Curbs and other supports shall be installed, braced, and ready for roofing.
F. Remove and deck over unused roof hatch to match existing decking and
construction. Install 2x4 joisting and nail plywood per local codes and regulations.
3.4 SUBSTRATE PREPARATION
A. A proper substrate shall be provided to receive the Tremco TPA Single Ply System.
B. Surfaces on which the TPA Single Ply System is to be applied shall be compatible,
clean, smooth, and free of fins, sharp edges, loose and foreign material, oil, grease
and other contaminants that affect adhesion.
C. When possible, work shall begin at the lowest point of the roofing project area and
proceed to the highest point. All seams should be shingled with, or run parallel to, the
flow of water.
D. All loose gravel and debris shall be removed. If necessary, accumulations of bitumen,
adhered gravel, or other irregularities shall be scratched and removed so as to
produce a flat, smooth surface. Insulation boards shall lay flat from one board to
another.
E. All areas of wet material below the roof system shall be removed and replaced.
F. All substrates shall be free of water, ice, or snow.
3.5 WOOD NAILERS
A. Treated wood nailers shall be installed at the perimeter of the roof where no vertical
wall exists and around other projections and penetrations that are to be flashed.
B. Nailers shall be securely anchored to the deck to resist 200 lbs. per foot applied in
any direction.
C. The thickness of the nailer shall be provided such that the top of the nailer is flush
with the surface to which the TPA membrane is to be applied.
3.6 INSULATION AND BARRIER BOARD INSTALLATION
A. Insulation: Install in largest panel size acceptable to Manufacturer. Butt joints tight
and stagger from deck joints below minimum 18 inches. Fill voids greater than 3/8"
and tape over.
1 . Fasten Insulation and Barrier Board together. (See Barrier Board)
2. As a minimum: (2) for a 4x4 board and (4) for a 4x8 board to hold board in
place until barrier board is installed. This is referred to as "preliminary
securement".
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B. Crickets / tapered panels shall be installed using insulation adhesive.
1 . Install crickets at existing locations or where designated.
2. All curbs, skylight and designated penetrations are to receive taper strips or
crickets on the "up slope" side to shed water to drain.
3. Cover all tapered crickets with Dens -Deck; use in Low Rise Foam Insulation
Adhesive if overall thickness is greater then 6".
C. Barrier Board: 1/4" Dens Deck shall be installed with joints staggered from panels
below minimum of 18". Install with mechanical fasteners through insulation boards
into substrate.
1 . Use a minimum of 8 fasteners in the field.
2. Use a minimum of 16 fasteners at the perimeter, curbs and openings.
D. Board fastening pattern shall be installed according to the board manufacturers
instructions and Factory Mutual Technical Bulletin 1-28 recommendations. This
includes board layout, attachment of the insulation board and the pattern.
E. All Insulation and Barrier board shall be adequately supported to sustain normal roof
traffic without damage. Barrier board shall be laid on acceptable substrate or air
barrier with tight joints in parallel courses with end joints staggered from deck joints
minimum 8 inches.
F. Field -trimmed panels shall be fitted tightly around roof protrusions and terminations.
3.7 FASTENERS
A. Use only Tremco fasteners or a substitute approved in writing by Tremco.
B. Fasteners shall be driven perpendicular to the work surface.
C. Fasteners and plates shall be Factory Mutual approved and meet FM Standard 4470
for corrosion resistance.
1 . The fastener manufacturer shall warrant the performance of the fasteners and
plates for the duration of the roof system warranty.
2. Fasteners and plates shall be approved in writing by the fastener manufacturer for
intended use and for use with the TPA System.
D. The following guidelines provide the appropriate uses for approved fasteners:
1 FM approved fastener: Steel decks - 24 gauge, or heavier; plywood - 1/2"
minimum penetration through and beyond bottom of deck.
2. The length of the fasteners shall be sufficient to penetrate the structural deck
as required by Tremco. At Wood substrates, the fastener may alternately
have % inch full embedment in solid wood.
3.8 SHEET METAL FLASHINGS
A. Clad metal used shall be 24 gauge (min) galvanized G90 and pre -coated with TPA
membrane attached at the factory.
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B. Fabricate and install Tremco TPA flashing to comply with Manufactures standard
details, project drawings and the recommendations of SMACNA Sheet Metal
Manuals for fabrication and Factory Mutual Loss Prevention Data Sheet 1-49.
C. All metal work shall be completed in conjunction with the roofing and flashing
operation so as to provide a daily watertight condition.
D. Metal shall be installed to provide adequate resistance to bending and to allow for
normal thermal expansion and contraction. Allow for minimum 1/4" space between
metal joints.
E. Install 24 gauge galvanized skirt metal flashings at locations where membrane
terminations do not exhibit a minimum of 3" of protection from the existing counter
flashing or top of flashing membrane.
F. Internal Gutters:
1 Shall be a single piece of TPA Clad metal having a 4" minimum nailing flange
on roof deck and a minimum 3" face on outside unless otherwise noted.
2. Provide positive slope to drain/collector boxes or slope to downspouts.
3. Hot air weld a 6" strip of TPA membrane, over tape, to each piece of gutter to
form a watertight splice/joint.
4. WATER TESTING OF INTERNAL GUTTERS IS TO BE COMPLETED BY
ROOFER AND ACCEPTED BY ROOF SYSTEM MANUFACTURE AND
OWNER PRIOR TO PROJECT COMPLETION.
G. Perimeter Edge Metal flashings:
1 . Shall have a 4" minimum nailing flange and hemmed metal drip edge.
2. Metal flashing shall be fastened to solid wood blocking with annular ring nails,
4" o.c. Fasteners shall penetrate the wood a minimum of 1 -1/4".
3. Fasten metal flashings 3" o.c. to treated wood nailers using galvanized annular
ring nails.
4. Install adjacent pieces of coated metal flashing with 1/4" gap. Apply a 2" wide
bond breaker tape. Hot air weld a 6" strip of TPA membrane, over the tape, to
each piece of flashing to form a watertight splice.
Metal Copings:
Remove and replace existing metal copings with 24 gauge, 70% Kynar finished
coping; Color to be selected by the Owner.
Coping caps shall extend minimum of 1 inch below existing cap or paint line on
outside face and shall provide a minimum 3" face on inside unless otherwise
noted. Coping is to cover any exposed wood nailers.
Secure coping caps with continuous cleat on outside faces of wall. Cleats shall
be installed over and act as membrane pressure bar on outside face of wall.
Secure to inside face of wall using color coordinated fasteners spaced at 24"
O.C.
New coping must slope inward to roof.
Use approved cover plate detail at coping joints.
Continuous metal cleats are required on all edge metal fascias or coping caps. Each
cleat shall be fastened 12" o.c. into wood blocking or masonry wall. Hook strips
should be continuous and at least 22 -gauge or one gauge heavier than metal
SECTION 07530 07530-13
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flashing being secured. They should be secured with annular threaded nails long
enough to penetrate the wood 1 - 1/4". The nail head should be 3/16" minimum. When
screws are used, they should be No. 8 (minimum), long enough to penetrate wood
3/4" or metal 3/8". Screws should be 24" apart in Zone 1 and 16" apart in Zone 2
(refer to FM 1-49). Screws should be either corrosion -resistant steel or treated to
resist corrosion. When an existing metal panel wall has no hook strip, the fascia
metal should be fastened directly to the wall with No. 8 galvanized sheet metal
screws, through neoprene washers, spaced 24" in Zone 1 and 16" in Zone 2.
3.9 MEMBRANE INSTALLATION
A. All flashings shall extend a minimum of 8 -inches above finished roof level unless
previously accepted by Owners representative and an authorized Manufactures
Representative.
B. All flashings shall be installed as shown on the detail drawngs and manufacturers
standard details. All TPA membrane flashings shall be installed concurrently with the
roof membrane as the project progresses. No temporary flashings shall be allowed. If
any water is allowed to enter under the new roofing due to incomplete flashings, the
affected area shall be removed and replaced at contractors expense
C. Placement:
1 The Tremco TPA membrane shall be mechanically attached and properly
installed over the prepared substrate surface. The surface shall be clean, dry,
smooth, and free from contamination.
2. The membrane shall be cut to fit neatly around all penetrations and roof
projections.
The roofing membrane shall be unrolled and positioned with a minimum 3"
overlap. Laps shall be shingled with, or run parallel to, the slope of the roof.
B. Membrane Attachment:
1 Begin installation at low point of deck. Install perimeter half sheets as required.
As a minimum, install two (2) half sheets around all sides of individual roof
areas.
2. Position roll of elastomeric sheeting square to roof edge in a manner, which
provides sufficient material to facilitate flashing.
3. Avoid wrinkles. Reposition when necessary. Do not stretch material unevenly.
4. Install second and succeeding rolls in same manner. Overlap seams and end
laps minimum four (4) inches.
5. Secure membrane at all angel changes in the substrate using the same
spacing used for the perimeter sheets. This procedure is required regardless of
the cause of the angle change
6. Seal edges in accordance with manufacturers recommendations.
7. Field Membrane : Fully secure sheet at lap.
8. Membrane attachment:
a. Fasten all perimeter half sheets every 6" along lap.
b. Fasten all field sheets 9" along lap.
9. Membrane Seaming:
a. All edge surfaces to be seamed by hot air welding. Surfaces must be
wiped with solvent using clean rags.
SECTION 07530 07530-14
SINGLE PLY ROOFING — MECHANICALLY ATTACHED
City of Santa Clarita- Business Incubator Building
3.10 FLASHING
10/2015
Heat weld laps with approved welding equipment. Adjust welding speed
and temperature base upon ambient conditions and material.
A. Elastomeric Base Flashings:
1 Wrap walls on upper roof wall with TPA membrane eliminating the need for a
counter flashing.
2. Ensure proper cants are installed and secure.
3. Install base flashing adhesive
4. Clean top edge of membrane with solvent cleaner
5. Apply flashing tape along top edge and behind membrane.
6. Clean and prime pressure bar.
7. Install pressure bar with mechanical fasteners at 6 inches on center.
8. Provide pressure bar closures at ends of base flashing where exposed.
9. Caulk and seal top edge of pressure bar receiver. Tool neatly to shed water.
10. Install metal counter flashing.
B. Elastomeric Roof Jacks
1 Ensure no sharp edges or detrimental materials remain that would disrupt the
quality of the roof system
2. Remove pitch pans and separate new HVAC lines.
3. Field fabricate TPA roof jacks to fit snugly around each penetration.
4. Heat weld seams.
5. Caulk and tool neatly after securing with stainless steel drawband(s).
6. Seal top of flashing with sealant. Tool neatly to drain.
7. Seal all cut edges. Tool neatly.
C. Wood Blocking
Replace all wood blocking on roof with new pressure treated 2"x4" redwood
blocks or Duro-Blocks set on Single ply membrane or walkway pad.
D. Flashing Laps and Joints:
1 Over the properly installed and prepared surface, remove all foreign material
and debris that will adversely effect the welding of laps and seams.
2. When the surface is ready, TPA membrane (field and perimeter sheets) shall
be unrolled and set in proper position. Adjacent sheets shall be overlapped a
minimum of 3".
3. No bonding adhesive shall be applied to lap (seam) areas that are to be welded
to flashings or adjacent membrane sheets by means of hot air and/or solvent
welding procedures.
D. Flashing Termination and Securement
1. The TPA membrane shall be secured at all termination's at the perimeter of each
roof level, roof section, curb flashing, skylight, expansion joint, rising wall,
penthouse.
Securement shall be provided at all angle changes in the deck (changes in roof
plane) or insulation taper: inside angles more than 1 " per foot from the plane of the
SECTION 07530 07530-15
SINGLE PLY ROOFING — MECHANICALLY ATTACHED
City of Santa Clarita- Business Incubator Building 10/2015
roof, ridge angles that exceed 1 " per foot total angle change.
2. Securement shall be achieved using TPA coated metal flashing, adequately
fastened to treated wood nailers, or Tremco fasteners (and plates) spaced
according to deck type.
3. All termination's and fasteners shall be sealed within a lap or covered with a strip
of TPA membrane, its perimeter continuously welded to the field sheet and the
exposed edge sealed with approved sealant.
3.11 MECHANICAL CURBS
A. Install rigid insulation and or primed dens deck on prefabricated metal curbs. Secure
to frame using screws and plates or approved insulation adhesive.
B. At wooden curbs (platforms): After installing TPA base flashing, install TPA
membrane across top of platform and seal to base flashing. Install 24 gauge
galvanized metal cover and secure to platform along vertical sides.
C. Remove all equipment housings to allow base flashing to be wrapped up and inside
curb. Housings can not be removed to allow for base flashings: Complete flashings
with turn bar & butyl tape detail and 24 gauge galvanized counter flashing skirt metal.
3.12 CLOSEOUT AND CLEANUP
A. Contractor to verify that all work is completed in accordance with contract documents
prior to calling for manufacturers acceptance inspection.
B. All punch list items are to be completed before delivery of Manufacturers Warranty.
C. Remove all stray marks, debris and trash from the job site on a daily basis. Sweep
clean membrane and install metal drain covers.
D. Remove all debris and excess material. Leave roof in completed condition
acceptable to the Owner, Architect and Manufacturer issuing Warranty.
E. Upon successful completion, Manufacturer shall issue specified Warranty.
End of Section
Company Name
Signature & Title
Address
City, State & Zip code
SECTION 07530 07530-16
SINGLE PLY ROOFING — MECHANICALLY ATTACHED
City of Santa Clarita- Business Incubator Building
Phone Number
License Number
Date
Attachment #1 - Owner Supplied Materials
10/2015
Item
Part#
Quantity
Discs 3" Steel 1,000/case
032022-502
2 cases
Discs Ex Hvy Duty GaIv. Barbed Plates
1,000/case
032120-502
2 cases
Fasteners 1211 3" Screws 1,000/case
032033-502
2 cases
TPA 55mil Unreinforced 24"x 30'
505255-503
1 roll
TPA 60 mil Field Membrane 78"x 90'
505360-503
11 rolls
TPA Coated Metal Sheets 4'xl 0'
5052300503
18 sheets
Fasteners 1510 3" Screws 1,000/case
032123-502
2 cases
SECTION 07530 07530-17
SINGLE PLY ROOFING - MECHANICALLY ATTACHED
� *A7 0011 :1 k �mllv
CURB FLASHING DETAIL
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
METAL PLATFORM COVER
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Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
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Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
EXHIBIT - "F99
WALL COUNTER FLASHING
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
A AFVRO�D SEALANT
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Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
ASBESTOS REPORT
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
Project Name: Santa Clarita Business Incubator
Project Location: 22704 9th Street, Newhall CA
CSC ProjectNo.: 1024936
INTRODUCTION
Mr. Dan Duncan of the City of Santa Clarita retained Clark Seif Clark, Inc. to perform a limited asbestos -
containing material (ACM) survey for the proposed roof replacement project at the commercial property located
at 22704 9th Street in Newhall, California. Mr. Christian Goerrissen, CaFOSHA - CAC No. 00-2840 of Clark
Seif Clark, Inc. conducted the survey on November 19, 2015.
CSC's report is for the exclusive use of the City of Santa Clarita and applies only to the building referenced above
or portion thereof. No one other than the City of Santa Clarita or those contracted by the City of Santa Clarita
may utilize, reference, or otherwise rely on this report without prior written consent from CSC.
PURPOSE AND SCOPE
The purpose of this investigation was to identify accessible ACM which may be impacted during the proposed
roof replacement project at the site. The scope of work included:
• A visual inspection of the readily accessible impacted areas of the site to evaluate the possible presence
of ACM.
• Collection of bulk samples of suspect ACM and submittal of samples to a NVLAP accredited laboratory
for analysis.
Assessment of the condition of suspect ACM.
Preparation of this report, which presents our data and summarizes the assessed materials
The suspect materials sampled during our site investigation were limited to assessable suspect asbestos containing
materials. Selected materials were sampled and later identified using the Polarized Light Microscopy (PLM)
method in accordance with the EPA reference method 600/R-93/116 method for Determination of Asbestos
content in Bulk Samples.
SITE DESCRIPTION
The subject property is an approximately 4,800 square foot, single story, office building constructed circa 1957.
In general, the construction materials consist of wooden frame construction on a concrete slab foundation with
stucco exterior finish and built-up rolled asphalt on a flat roof
METHODOLOGY
The PLM Method is the most commonly used method to analyze building materials for the presence of asbestos.
This method utilizes the optical properties of minerals to identify the selected constituent. The use of this method
enables identification of the type and the percentage of asbestos in a given sample. The detection limit of the
PLM method for asbestos identification is about one percent (1%) asbestos. Because the State of California
recognizes asbestos -containing construction material (ACCM) as any material, which contains greater than or
equal to one tenth of one percent ( 1%) asbestos, materials containing "trace" amounts of asbestos are reported by
Clark Seif Clark, Inc. as ACCM in the State of California. Clark Seif Clark recommends Transmission Electron
Microscopy (TEM) analysis for asbestos samples with less than one percent (<I'/o) asbestos content and point
count with results ranging between one percent (1%) and ten percent (10) when analyzed via PLM.
In some cases samples collected from an apparently homogeneous material and yielding mixed results may in fact
have been taken from different homogeneous materials displaying similar visual characteristics but composed of
different constituents. Although materials may appear to be homogeneous, they may have been produced in
different batches or by different manufacturers. Material, which appears to be homogeneous but yield mixed
TO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556
csc@csceng.com - www.csceng.com
Project Name: Santa Clarita Business Incubator
Project Location: 22704 9th Street, Newhall CA
CSC ProjectNo.: 1024936
results is typically assumed, in accordance with AHERA procedures, to be asbestos -containing in all areas where
the material is located.
Documentation of the laboratory results should be retained as a reference for general building safety and
maintenance, and for any future renovation/ demolition activities.
This evaluation was performed in accordance with the Asbestos -Containing NIaterials in Buildings rule prepared
by the U.S. EPA.
The asbestos -containing materials most likely to release asbestos fibers are those which are in a friable state.
Friability describes the condition of asbestos. The definition of friable is any material that is capable of being
crumbled, pulverized or reduced to powder by hand pressure. The evaluation is limited to those areas accessible
for an inspection.
Non -friable sources of asbestos are the materials that have a cement or asphalt binder and may become friable and
release fibers if the sources are exposed to actions such as abrasion, drilling, cutting, fracturing or hammering.
Non -friable sources of asbestos do not typically pose a significant exposure risk if they remain in good condition
and are not disturbed. During renovation activities, non -friable sources may become friable and thus may pose an
exposure risk.
Federal, State, and Local laws require that building owner (s) and/or their representatives, prior to any demolition
and/or renovation operations that may disturb any asbestos -containing materials in their buildings, must meet the
following requirements: notifications, removal techniques for asbestos -containing materials, clean-up procedures,
waste storage and disposal requirements.
In Southern California, the South Coast Air Quality NIanagement District SCAQ�M, must be notified 10
working days prior to the start of any asbestos -abatement projects that exceed 100 square feet of asbestos -
containing material. The Occupational Safety & Health Administration (OSHA) must be notified 24 hours prior
to the start of any asbestos -abatement project.
BULK SAMPLING RESULTS
Seven (7) bulk samples were collected and analyzed for a total of thirty two (32) analyses on a layer -by -layer
basis using polarized light microscopy (PL". The following table summarizes the suspect -asbestos -containing
building materials identified at the site and the analytical results of the materials sampled. A complete list of
sample results can be found in the laboratory sheets at the end of this report.
Table 1: Bulk Sampling Results
Suspect Asbestos -Containing
% Asbestos
I
Location of Material (all locations where
I
Est. H2
Materials
material is present)
Built up asphalt roof system (2 layers)
NAD
Main roof and clerestory roof
4,800
Gray roof mastic
3-5%
Roof at edge metalflashings and on rain
90
Chtysotile
gutters around perimeter of roof
ASDeSt0S Cement Ventpipe
ACM
Vent pipe at SE area of east roof above
4LF
mechanicalroom.
NAD�No Asbestos Detected
ACM — Known asbestos -containing materials visually identified by the site technician during the site inspection
See the laboratory report and chain custodies for the complete list materials tested and the sampling locations.
TO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556
csc@csceng.com - www.csceng.corn
Project Name: Santa Clarita Business Incubator
Project Location: 22704 9th Street, Newhall CA
CSC ProjectNo.: 1024936
APPENDIX A
LABORATORY ANALYTICAL RESULTS AND CHAIN OF CUSTODY
TO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556
csc@csceng.com - www.csceng.com
0 HEALTH & SAFETY . ENGINEERING
Asbestos Bulk Sample Analysis Summary
7993 1
rourforinned by EPA 600/11 93M 16 Moth
Wi Roof Wi
CA
Pri Sit, Santa Adults Business Incubator
ASIA Pment Car, A:
99017993
22704 and Street
A swil
32
NeMall CA 91321
Material
Swri BY:
Ch ri at an G as in ssen
• area swribled:
11 it V2 015
• area Nepal
11 it V2 015
pull IN not C IS of 8 onto C I onto D 0 03 70 2)
D area Reported :
11 C OC 015
Dan Duncan
10% Madn,
1 A
23920 Valencia Blvd Suite 300
CSC Job Rab IN :
1024936
Santa Adults CA 91355
Material
Lee
Pori
Roper, pound... Non
ChInt IN A Serra A Material Destrinpron Loi,don
Type & vs
NonCAC,i Appear,
4936 B 1
7993 1
you up Asphaft Roof
Wi Roof Wi
CA
80% Cap, nove
20% Madn,
Save, Gravel Rooting
Edge
Material
Lay,
4936 B
7993 2
you up Asphaft Roof
Wi Roof Wi
CA
90% Cap, nove
10% Madn,
1 A
Savern Back Rooting Layer
Edge
Material
4936 B
7993 3
you up Asphaft Roof
Wi Roof Wi
CA
90% Cap, nove
10% Madn,
1 B
Savern Back Rooting Layer
Edge
Material
4936 B
7993 4
you up Asphaft Roof
Wi Roof Wi
CA
90% Cap, nove
10% Madn,
1 C
Savern Back Rooting Layer
Edge
Material
4936 B
7993 5
you up Asphaft Roof
Wi Roof Wi
CA
CA
1 CON, Madn,
1 A
Savern Back Rooting Layer
Edge
Material
par)
4936 B
7993 6
you up Asphaft Roof
Wi Roof Wi
CA
90% Colorer,
10% Madn,
1 E
Savern Back Rooting Layer
Edge
Sell
Material
4936 B
7993 7
you up Asphaft Roof
Wi Roof Wi
CA
90% Cap, nove
10% Madn,
1 F
Savern Back Rooting Layer
Edge
Counter, Soon
Material
4936 B
7993 8
you up Asphaft Roof
Wi Roof West
CA
95% Cap, nove
AN Madn, Matenal
1 G
Savern Back Rooting Layer
Edge
Celul
preshe
4936 B
7993 9
you up Asphaft Roof
Wi Roof West
CA
98% Celul
2ss Madn, Matenal
1 IT
Savern yoAnFprrou1Layer
Edge
936 B 2
7993 10
you up Asphaft Roof
Ea,e Roof South She
CA
80% Cap, nove
vs Madn,
Savern Gravel Rooting
Layer
=
L
Can Set Can In, PC Be, 4299 ChayA,rh CA 91313 Phone 818 727 2553 f Lay 818 727 2556
,R,pbeeng corn
Lab
Client ID # Sample # Material Description Location
Page: 2 of 3
CSC Project / Lab #: 99017993
Address: 22704 9th Street
Nevvhall. CA 91321
Asbestos Fibrous Nonfilbrous Non -
Type & % Non -Asbestos Asbestos
r4936 B-
I
7993711
Built-up Asphalt Roof
System - Black Roofing Layer
0% Matrix
r4936 B-
]
7993712
Built-up Asphalt Roof
System - Black Roofing Layer
0% Matrix
n4936 B-
[79n931 3
Built-up Asphalt Roof
System - Black Roofing Layer
East Roof, South Side
10% Matrix
4936 B-
n79931 4
Built-up Asphalt Roof
System - Black Roofing Layer
(tar)
East Roof, South Side
100% Matrix
r] 4936 B-
7993715
Built-up Asphalt Roof
System - Black Roofing Layer
F 0% Matrix
r] 4936 B-
7993716
Built-up Asphalt Roof
System - Black Roofing Layer
F 0% Matrix
r] 4936 B-
7993717
Built-up Asphalt Roof
System - Black Roofing Layer
F 0% Matrix
4936 B-
[7 993718
Built-up Asphalt Roof
System - Black Roofing Layer
East Roof, South Side
80% Glass Fibers,
Cellulose
7 20% Matrix
Built-up Asphalt Roof
System - Gray/Black Roofing
Layer
Clerestory Roof, BE
Corner
20% Matrix
rn4936 B-
Built-up Asphalt Roof
System - Black Roofing Layer
Clerestory Roof, BE
Corner
10% Matrix
r4936 B-
n799321
Built-up Asphalt Roof
System - Black Roofing Layer
Clerestory Roof, BE
Corner
10% Matrix
4936 B-
n799322
Built-up Asphalt Roof
System - Black Roofing Layer
Clerestory Roof, BE
Corner
10% Matrix
4936 B-
[7 993723
Built-up Asphalt Roof
System - Black Roofing Layer
Clerestory Roof, BE
Corner
10% Matrix
4936 B -
r7
7993724
Built-up Asphalt Roof
System - Black Roofing Layer
Clerestory Roof, BE
Corner
F
ND
100% Matrix
Material
Clark Seif Clark Inc - PC Box 4299 Chatsworth, CA 91313 - Phone 818-727-2553 / Fax 818-727-2556
www.csceng.com
Page: 3 0 3
CSCPmjecl 99017993
Applying 227W SUIT Street
Newhall CA91321
Lab Asbestos Fibrous members Non
Client ID # Sample # Material Descrofion Location Type & % Non Asbestos Asbestos
4936 B
993 25
Built up Asphalt Roof
chelecti
ND
90% Cellulose
10% M affix
3F
System Black Roofing Layer
Corner
Synthetic
Material
4936 B
993 26
Built up Asphalt Roof
Clerestory Roof BE
ND
90% Cellulose
10% M affix
SG
System Black Roofing Layer
Corner
Synthetic
Material
(tar)
4936 B
7993 27
Built up Asphalt Roof
Clerestory Roof BE
ND
90% Cellulose
10% M affix
3H
System Black Roofing Layer
Corner
Synthetic
Material
4136 B 31
21
Built up Asphalt Roof
Clerestory Roof BE
ND
90% Cellulose
10% M affix
17113
System Brown F Brous Layer
Corner
Synthetic
M aterial
4936 B 4
7993 29
WhitAG ray Roof M safe
Rain Gutters
ND
ND
100% Matrix
Material
4936 B 5
7993 30
Grayffllack Roof Mason
Roof hearings
5% Chreofile
2% Cellulose
93% M affix
M aterial
4936 B 6
7993 31
G rayffllack Roof M safe
Clerestory Roof West
3% Chreofile
8% Cellulose
89% M affix
Parapet
M aterial
4936 B 7
7993 32
Grayffllack Roof Mason
R---
act Vent F ash Los
-
ND
_==
Bulk Martheral Arodaphike,
Bulk samples are examined by Polarized Park Microscopy CUMN And season Staining as scomm ended by the US environmental Protedi on Adenck A P A)
Rel
secure are repomed as a perci of total aski prevent or each asbestos type dentined wthn each distinguishable I or sub sample of a sample
Che her non asbestos masnals m a y also be derbided
Explanabon:
reported resume are a visual accurate by ares, of asbestiosconcombration results ufmizerogeneous samplesexamined Cycomponent are spomed as a composite
The lower limit of reliable detwoon or the PLO Tempi 1 ss Samples Such contain asbestos in a concentration lower than the link of reliable detection Al A)
commonly referred to as Use despatches oss Tra�isde�nedasreproduabled�edionle�lsofa�e�os�h�lea��ve�berssp�adoverthree
slides per PAT Pronal Instructions Samples in such no asbeyos is observed are spomed as CA (None Detedep Note coe, CA appears on a repoft
ftmeansth�asbe�os�sn�obse,edandtha relevant ft every in concentrations of <1 ss andfor Poor dimensions are too small or accurate microscopic
revolution
CSCL is dissected bythe National Voluntary Laboratory Accreditation P rogram or the speci scope of appeal under N�AP Lab Code 200324 secure
repofted,lSeonlytowmple(s) submifted and reach and do Up necessarily apply to other appairmbly denfical or pular materials This soon is submifted or the
e�lus,�u�ofthecl,e�to�omft,saddre�ed Any reprodudion ofthis repom or use of this Laboral name or advertising or publicity purposes wthout prior
Sri authorization is prohibited Inaddi thisrepom snotto be Tobacco claim product endorsement by Ni or anyagencyofthe US Government
Note Our policy is to Geneva, of samples unless when notowition is respect in our omp, stop 30 days ofthis repom
Clark San Clark Inc PC Box 4299 Chatsworth CA 91313 Phone 818 727 2553 f F ax 818 727 2556
asove, Osceng t am
Clay Egner
Chriaban Gol
Laborabou; Ana"
Labormong; Analystfidanneger
Note Our policy is to Geneva, of samples unless when notowition is respect in our omp, stop 30 days ofthis repom
Clark San Clark Inc PC Box 4299 Chatsworth CA 91313 Phone 818 727 2553 f F ax 818 727 2556
asove, Osceng t am
Requested Tum around time
C! ARK SEIF CLARK, INC.
HEALTH & SArETY - ENGINEERING - ENVIRONMENTAL
----C--hain-of-C-ustody-Form--Bulk-Samplin-g—
CSC Job # Sampling By Date Taken # samples P
tal Pages
1024936 Christian Goerrissen 11/19/15 1-7-7�9
of
Job Name & Location Customer Id No.:
Old Newhall Library (1003702)
22704 9th Street
Newhall, CA 91321
Sample
Analysis:
PLM - Asbestos Analysis of Bulk Materials via EPA 600/R-93/116
Method using Polarized Light Microscopy
Lab Submitted to:
ID#
Material Description HM
Location of Sample
Condition
Friable
Quantity
--------- - ----- - ------------
--- ----------------------
- Tivo-
------------------------------------------
_507M,4
-------------------
-
-----------------
-------
----------------------------
T-3
--------------------- -----
- -� --------------
CZP9�7-f ftytZ-
-----------
--- ---------------
7-7 Q
wo
-5 -----------------------------
-2
------------------ - ----
-------------------------------- ------------------
---- --
-------------------
----------------- �-'
Z��
&-1P
(J_;� --------------
izi:
Jt- L -5t ------------------ 3 -----
- -------------
------------------------------------------------------------
-------------------------------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------------------
----------
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----------------------------------------------------------------------
---- ---------
I
------------------------------------------------------------
-------------------------------------------------------------------------------------
------------------------------------------------------------
-----------------------------------------------------------------------
-------
------------------------------------------------------------
-------------------------------------------------------------------------------------
------------------------------------------------------------
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F
--------------
CONDITION CODE,,, FRIABLE CODE
HOMOGENEOUS CODE
QUANTITY
CODE
GOO
G= D
F= �FAIR
P= POOR Y= Y 7ES
N= NO HA= HOMOGENEOUS MATERIAL
SF= Square Ft.
LF LINEAR
Ft.
INSPECTION
COMMENTS:
--------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------
Refinquis_hed'EFy:
Date & Time
10
cf!- 2- Op-
-R-e-c-eived By.
Date & Time
I— -), r�N
15 Du
Clark Self Clark
Project Name: Santa Clarita Business Incubator
Project Location: 22704 9th Street, Newhall CA
CSC ProjectNo.: 1024936
APPENDIX B
SITE PHOTOGRAPHS
TO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556
csc@csceng.com - www.csceng.com
Project Name: Santa Clarita Business Incubator
Project Location: 22704 9th Street, Newhall CA
CSC ProjectNo.: 1024936
APPENDIX C
SITE SKETCH
TO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556
csc@csceng.com - www.csceng.com
Project Name: Santa Clarita Business Incubator
Project Location: 22704 9th Street, Newhall CA
CSC ProjectNo.: 1024936
APPENDIX D
ACCREDITATIONS AND CERTIFICATIONS
TO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556
csc@csceng.com - www.csceng.com
EXHIBIT - 66J99
MAP LOCATION
Santa Clarta Bus in ess Incubator ROOF REPLACEMENT
Project M2005
S T A T E 0 F C A L I F 0 R N I A
CONTRACTORS STATE LICENSE BOARD
Pursuant to Chapter 9 of Division 3 of the Business and Professions Code
and the Rules and Regulations of the Contractors State License Board,
the Registrar of Contractors does hereby issue this license to:
I kre'71=- 0 M 17,
to engage in the business or act in the capacity of a contractor in the following classifications:
David Dias, Board Chair I
13L-24 (REV. 03J15)
C39 - ROOFING
C-2 - INSULATION AND ACOUSTICAL
B - JFM6W
Me"Mr-11 161111 ORCY-11 ilk I IIIIIII giveloLgE
Witness my hand and seal this day,
April 30, 2015
Issued April 9,2013
This license is the property of the Registrar of Contractors,
is not transferable, and shall be returned to the Registrar
upon demand when suspended, revoked, or invalidated
for any reason. It becomes void if not renewed.
Cindi A. Christenson, Registrar of Contractors
AOWNMF38006646
63