The URL can be used to link to this page

Home My WebLink About2018-05-08 - AGENDA REPORTS - NEWHALL PARK RECREATION BLDG REPLACEMENT- PROJ M20 (2)O Agenda Item: 8 CITY OF SANTA CLARITA -`' AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:�1 A'1�443 DATE: May 8, 2018 SUBJECT: NEWHALL PARK RECREATION BUILDING ROOF REPLACEMENT, PROJECT M2011 - AWARD CONSTRUCTION CONTRACT DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the Newhall Park Recreation Building Roof Replacement, Project M2011. 2. Award the construction contract to Dekan Construction in the amount of $169,963 and authorize a contingency in the amount of $25,494, for a total contract amount not to exceed $195,457. Authorize the transfer of $65,000 from Building & Safety expenditure account 14100- 5001.001 to account M2011601-5161.001 to provide for the construction contract, roofing material, asbestos testing, and project administration costs. Increase Transfers In and Transfers Out accounts 10019500-5501.601 and 601-4711.100 by $65,000. 4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The Newhall Park recreation building is utilized year-round for various programs, classes, and event rentals. The building was originally constructed in 1959 and is approximately 3,400 square feet. The City of Santa Clarita (City) acquired the building from Los Angeles County in 1991. In 2015, the Public Works department evaluated all City facilities and compiled a Facility and Equipment Asset Management Report, which outlines the current condition of each facility. The Page 1 Packet Pg. 114 Newhall Park recreation building's roof was listed in poor condition and nearing the end of its life span. As a result, staff entered into a professional services agreement with James Mickartz, an architect, to complete plans and specifications for the removal and replacement of the rolled roof and roof sheathing, removal of asbestos, replacement of fascia and ceiling boards, and removal and replacement of rusted rain gutters. The roof repairs have been more frequent and the replacements mentioned are vital to meeting the City's high standards and meet the Santa Clarita 2020 theme of Sustaining Public Infrastructure. An invitation to bid was published on PlanetBids twice, March 13 and 19. Plans and specifications were also sent electronically to area plan rooms. Four bids were submitted to the City and opened by purchasing on April 10, 2018. The results are shown below: Company Location Bid Amount Boulder Builders, Inc. Santa Clarita, CA $144,400 Dekan Construction Santa Clarita, CA $169,963 John Burgeson Santa Clarita, CA $188,549 R Dependable Construction, Inc. San Bernardino, CA $232,000 After reviewing the bids, staff determined the bid submitted by the apparent lowest bidder, Boulder Builders, Inc., was non-responsive. This bidder failed to submit the following completed forms: signed Cover Sheet, Bid Schedule, notarized Non -Collusion Affidavit, Debarment Suspension Certification, notarized Bidder's Bond or Bidder's Security payment, Bidder's Information Certification, and Certification of Non -Segregated Facilities. Staff recommends the project be awarded to Dekan Construction, the lowest responsive bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. The original project budget was estimated to be $158,400, based on a rough estimate provided by the City's as -needed contractor, SPARTA Builders. However, this estimate included the use of roof material which did not meet the City's high standards and excluded the costs of related structure components (i.e. replacement of fascia and ceiling boards and rusted rain gutters), which were later determined to be vital to the success of the project. As a result, bids came in higher than expected, creating a shortage of $65,000. Staff in the Public Works department worked with the City's Finance division and identified the needed funding to complete the proj ect. Approval of the recommended action would create a total project budget of $223,400. These funds will adequately provide for the construction contract and needed contingency, totaling $195,457. The balance of $27,943 will provide for the purchase of roofing material, asbestos monitoring report and testing fees, and project administration costs. ALTERNATIVE ACTION Other action as determined by the City Council. O Page 2 Packet Pg. 115 FISCAL IMPACT Upon approval of the recommended actions, the total Fiscal Year 2017-18 budget for this program will be $223,400. This amount will adequately provide for the construction contract amount, roofing material, and project administration. ATTACHMENTS Location Map Roof Photo Bid from Dekan Construction (available in the City Clerk's reading file) O Page 3 Packet Pg. 116 103f021d `1N3W30V-ld3U X0021 JNIa-lIf18 NOlIV3110311 MUVd -1-lVHM3N) deW uoi;eoo-j :;ummoew.CL � 06 Arl o 5E oft Q x cr 4 CO o= E— m qqo w G� ami c a ootl co ry 41 _ o q a o =ov O A a a o w r� h s N t 1 `iLn Y __ ;;SSYl J O ' e14 "` � .� v ✓,� \ � �, r eta"` � � s`.; � ✓ � V � �(�/ - '-gym ''►' \! x �- � •`�� ,✓ `\v mow.. N �',� ,x r� �:+.r$g «- "A d� •` ft �z9.d 4 X. ... A. NND AW i. ✓.- it � 1 � �' #a„ 'a� yam, � " IN - ::: 7 o , `• _ o: CL 00 � J�' 9.�� '/'6 a°S• 6 �. � `� � �''"ter � � Q � s� f "`i §+3w-,+:,;,,. •• 7rO` O'" �,? 9�` t. ,,1a 3'.: 'RAILRO•+. ?� V > � ,� •� �a s �� ; �� a 6 ui c�rx , r 8.b r Q Packet Pg. 118 •_ .F 3 ... • • ... F ,,,�45 8.b r Q Packet Pg. 118 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROOF REPLACEMENTS AT NEWHALL PARK RECREACTION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City Project M2011 Bid Opening: April 10, 2018 at 11:00 a.m. a Z a CONTRACT DOCUMENTS SPECIFICATIONS AND DRAWINGS FOR ROOF REPLACEMENTS AT NEWHALL PARK RECREACTION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City Project M2011 City of Santa Clarita, California March 5, 2018 Prepared by: Department of Public Works 23920 Valencia Blvd., Suite 120 Santa Clarita, CA 91355-2196 Contact: Ron Fierro, Project Manager Telephone: (661) 255-4933 Approved for Construction: Robert G. Newman, Director City of Santa Clarita Public Works Date: TABLE OF CONTENTS ROOF REPLACEMENT AT NEWHALL PARK RECREATIO BUILDING Title Section Notice|nvitinoBids .................................................................... ......... ----............................. A InstructionsboBidders .......................... --.................................................................................... B Proposal Proposal.................................................................................................................................. C BidSchedule ............................................................................................... ................................. C Designation ofSubcontractors .................................... .................... ....................................... ..~.0 References.............................................................................................................................. ^—C Non -Collusion Affidavit ..................... ......................... ................................................... ............ C Bidder's Information and Certification ............................................................................................ C Proposal Guarantee (Bid Bond) ......................... ........................................................................... C Itemsto be Submitted with Bid ........................ ............................................................................. C ContractAgreement ---------............................................. ............................................. C] FaithfulPerformance Bond .................. ........... ............................................................................. D Materialand Labor( Bond ............................................... --..................................... ...0 GeneralProvisions ......................................................................................................................... E SpecialProvisions ......................................................................................................................... F LaborCompliance Program ........................................................................ .................................. G Construction & Demolition Materials Management Plan K8PForm) .................................... H Technical Specification -------------------------'._-----] Asbestos Report Newhall Recreation Building .................................................. :....... EXHIBIT -"Bf MapLocation ................................................................................................ ------------ EXHIBIT -"[" Recycling Facilities ...................................................................................... EXHIBIT -^Cr This Page is Ommitted Intentionally SECTION A Notice Inviting Bids Project No. M2011 -B Page A 1 SECTION A: NOTICE INVITING BIDS ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City of Santa Clarita, California INVITATION FOR BID PAGE: The City of Santa Clarita invites electronically sealed bids for: the Roof Replacement at Newhall Park Recreation Building. Bid must be received electronically through planet bids, before 11:00 a.m. April 10, 2018 by the Purchasing Agent of the City of Santa Clarita. Specifications for this electronic bid may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanylD=16840 Addenda, if issued by the Agency, will be transmitted through PlanetBids. All potential bidders must be registered on PlanetBids and have downloaded the bid documents in order to receive timely addenda. It is the responsibility of the plan holder to provide a correct and monitored email address to receive PlanetBids updates. If addenda are not electronically acknowledged in addition to being signed and uploaded with the bid proposal, the bid may be deemed nonresponsive and rejected. Work shall be done in accordance with the contract documents known as Roof Replacement At Newhall Park Recreation Building, a copy of which is on file and open for inspection at the City Clerk's office counter. The work is expected to cost approximately $159,000. The city will provide up to 95% of the roofing material, see attachment # 1 is Technical Specification (Section 1) The work is anticipated to start the month of August 6, 2018 or after the raining season or as the weather permits. The Project Manager will be coordinating with the General Contractor for the actual start of the construction date. Generally, the Scope of Work to be performed includes, but is not limited to, the removal and replacement of the rolled roofing with a U.L. Class roofing system, removal of asbestos, replacement of fascia and ceiling boars, replacement of rain gutter and interior light fixtures at Newhall Park Recreation Building. Contractor is to provide Labor to install the materials in conformance with Contract Documents and as necessary for roofing manufacture to issue the specified Warranty Program. Contractor shall also be responsible for providing and installing materials specified in the Contract Documents but not provided by the City. Materials must be approved in writing by the Roof System Manufacturer. See the project documents for a more detailed description of the location and limits of the work. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, Class A or B at the time that a contract for this work is awarded. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. There will be a job walk for the project commencing at 9:00 AM on Thursday March 20, 2018, at Newhall Park Recreation Building 24933 Newhall Ave, Santa Clarita CA. 91320. (See Location Map in Exhibit "C") The job walk is not mandatory but contractors are encouraged to attend. This is the only time the site will be available for inspection. Project No. M2011 -B Page A 2 Bid Questions: Questions must be submitted electronically to: http://www.planetbids.com/portal/.cfm?CompanvlD=16840# The last day for questions will be March 29, 2018 any question submitted after 1:00 p.m. March 19, 2018 will not be answered. Question and answers will be issued as an addendum via electronically. This contract is subject to the State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. This bid is subject to SB 854. See Instruction to Bidders for details. Contractor shall comply with California Prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program, Section "G", approved by the DIR for projects with a Bid Advertise Date of November 20, 2003 or later, and which will become part of the conformed documents. All pertinent California statutes and regulations, including, but not limited to those referred to in the City's Labor Compliance Program, are incorporated herein by reference as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such. Contractor shall submit certified copy of all Certified Payroll Records (CPRs) with the progress payment on at least monthly basis to the City. Labor Compliance Specialist: Mary Alice Boxall Contact Number: (661) 286-4172 Fax Number: (661) 254-3538 Email address: mboxall(u-)santa-clarita.com Published two (2) times: March 13, 2018, and March 19, 2018 Project No. M2011 -B Page A 3 This Page is Omitted Intentionally Project No. M2011 -B Page A 4 SECTION B Instructions to Bidders Project No. M2011 -B Page B 1 SECTION B: INSTRUCTIONS TO BIDDERS ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B 1. SUBMITTING PROPOSALS a) The bid response must be ELECTRONICALLY submitted on this form and include the notice, Request for Bid Schedule, and all forms or information included in or required by Section C, Specifications, (attachments accepted). http://www.planetbids.com/portal/portal.cfm?CompanylD=16840 b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. c) Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for bids not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2. PROPOSAL GUARANTEE When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least 10% of the total value of the bid OR 10 % of the value of the 1St year of service for service bids, to guarantee that bidders will enter into contract to furnish goods or services at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond and/or Material and Labor bonds shall be required of the successful bidder when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words "BID BOND FOR" and the bid #, "NO LATER THAN the bid due date and time, for the vendor to be considered responsive. 3. DELIVERY OF PROPOSAL An original, notarized NON -COLLUSION AFFIDAVIT must be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words "NON -COLLUSION AFFIDAVIT FOR" and the bid #, NO LATER THAN the electronic bid due date and time, for the vendor to be considered responsive. This form can be included with your proposal bond package. The envelope must be clearly marked that it contains both documents. 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. Project No. M2011 -B Page B 2 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. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. DISQUALIFICATION OF BIDDERS In the event that any BIDDER acting as a prime CONTRACTOR has an interest in more than one proposal, all such proposals will be rejected, and the BIDDER will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one BIDDER and, while doing so, may also submit a formal proposal as a prime CONTRACTOR. Proposals will be accepted from BIDDERS who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful BIDDER shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State CONTRACTOR's license, Class A or B 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 Project No. M2011 -B Page B 3 contract forms therefore. The submission of a bid shall be conclusive evidence that BIDDER has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents. BIDDERS must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the AGENCY by fax as instructed and with the date and time given for BIDDERS questions in the most current NOTICE INVITING SEALED BIDS. 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 diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification, or type of workman required, as set forth by the Director of Industrial Relations of the State of California. 12. NON-DISCRIMINATION In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seg.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. Project No. M2011 -B Page B 4 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 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 with the Engineer's Estimate. The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the BIDDER whose proposal is accepted. No other act of the AGENCY shall constitute acceptance of a proposal. The award of contract shall obligate the BIDDER, whose proposal is accepted to furnish all required bonds, as well as evidences of insurance and execute the contract set forth herein. The successful BIDDER will be required to furnish a Labor and Material Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the contract price. Also, the successful BIDDER will be required to submit worker's compensation insurance, and liability insurance with the contract. Surety bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and satisfactory to the City of Santa Clarita. 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. Project No. M2011 -B Page B 5 16. REGISTRATION OF CONTRACTORS The successful BIDDER shall possess a State Contractor's license, Class A or B at the time that a contract for this work is awarded, CONTRACTORS shall be licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. 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 with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. 18. AGENCY CONTRACTOR MEETING The CONTRACTOR to whom the award is made will be notified to meet with the AGENCY's Representative for the purpose of reviewing of plans and specifications and instructions on procedures. 19. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS The right is reserved, as the interest of the AGENCY may require, to amend the specification and/or drawings prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an addendum, or addenda. Copies of such addenda as may be issued will be furnished to all prospective BIDDERS. If the revisions and amendments are of a nature which requires material changes in quantities or price bid, or both, the date set for opening bids may be postponed by such number of days as, in the opinion of the AGENCY, will enable BIDDERS to revise their bids. In such cases, the addendum will include an announcement of the new date for opening bids. 20. LIST OF SUBCONTRACTORS Each BIDDER must submit with his bid the following a) The full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed. b) The address of each firm. c) The telephone number at the place of business. d) Work to be performed by each subcontracting firm. e) Total approximate dollar amount of each subcontract. Submit the "Subcontractor's List" form enclosed herewith. No Contract shall be considered unless such list is submitted as required. Project No. M2011 -B Page B 6 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. 21. SB 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 subject to SB 854 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. Project No. M2011 -B Page B 7 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 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. Project No. M2011 -B Page B 8 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. 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; The signature of the protester or authorized representative of the protester; Project No. M2011 -B Page B 9 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 i. 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. ii. 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. Project No. M2011 -B Page B 10 29. PRECONSTRUCTION DOCUMENTS CHECKLIST The following documents are required to be completed and submitted by the Contractor at the times specified by an X opposite each title. If no column is marked, document will not be required. With Bid Proposal (All Bidders) With Agreement (Awardee only) Prior to Starting Construction (Awardee only) Post Starting Construction (Awardee only) X Proposal Forms (Cover Sheet, Bid Schedule, References, Bidders Certification) X Non -collusion Affidavit, Certification of Non -Segregated Facilities X Debarment and Suspension Certification X All Signed Addendums (If any) X Designation of Subcontractors X Bidder's Bond or Bidder's Security X Bidder's Information and Citification X References X Certification of Non -Segregated Facilities X Contract Agreement X Bond for Faithful Performance X Payment Bond (for Labor and Material) X Certification of Public Liability and Property Damage Insurance X Certification of Worker's Compensation Insurance X Certification of Fire and Extended Coverage Insurance (services involving real properties only) X Preconstruction Meeting X Construction Schedule X Subcontractor's Certification with Regard to the Performance of Previous Contracts or Subcontracts (Required for all Subcontracts over $10,000) X List of all Subcontractors X Materials List and Manufacturer's Brochures (As Required) X Construction and Demolition Materials Management Plan X Permits X Emergency Contact Information Project No. M2011 -B Page B 11 This Page is Omitted Intentionally Project No. M2011 -B Page B 12 SECTION C Bid Proposal Project No. M2011 -B Page C 1 SECTION C: BID PROPOSAL ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B TO THE CITY OF SANTA CLARITA, AS AGENCY: In accordance with AGENCY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above - stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Company Name: _ Company Address: By: Print Name: Title: Signature: _ Date: Project No. M2011 -B Page C 2 BID SCHEDULE ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B "Measurement and Payment" descriptions are in Section 9 of "General Provisions" in GREEENBOOK 2015 and "Special Provisions" in the Contract Document. Item No.Cost Item Description Units Qty. Unit Cost Total BASE BID ITEMS 1 Removal & Replace Roofing Per plans and specification LS 1 2 Remove and install ply -wood per plans and specification LS 1 3 Remove and install fascia board per plans and specification LS 1 4 Install ceiling tile per plans and specification LS 1 5 Asbestos Abetment LS 1 6 Remove and Install Interior Light Fixtures LS 1 Base Bid Schedule Total (In Words): The Agency is bidding this project with the above stated Bid Schedule. The Agency will award the Contract to the lowest successful Bidder. The City reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the City. If the number entered on this page conflicts with what is entered on Planetbids, the number entered on Planetbids shall govern. The basis for award shall be the Contractor's Base Bid. Project No. M2011 -B Page C 3 DESIGNATION OF SUBCONTRACTORS ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of 1/2 of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of firm and annual gross receipts are required if sub contractor is participating as a DBE. Subcontractor DIR Registration No. Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone ( ) 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 Project No. M2011 -B Page C 4 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. DESIGNATION OF SUBCONTRACTORS (cont'd) ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B Subcontractor DIR Registration No. Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone( ) Subcontractor DIR Registration No. Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone( ) (Use additional sheets as needed) Project No. M2011 -B Page C 5 REFERENCES ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past 3 years: 2. 3. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: Contractors Name Project No. M2011 -B Page C 6 NON -COLLUSION AFFIDAVIT ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SIGNATURES MUST BE WITNESSED BY NOTARY ATTACH ACKNOWLEDGEMENT. Sign Name Print Name e Contractor's License No. Project No. M2011 -B Page C 7 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B The bidder under penalty of perjury, certified that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager: Is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three years; Does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidders' responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and dates of action. NOTE. Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Project No. M2011 -B Page C 8 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B This bidder hereby certifies , proposed subcontractor , that he has has not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. Company: By: Title: Date: Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Project No. M2011 -B Page C 9 BIDDER'S INFORMATION AND CERTIFICATION Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. Bidder's Name: Business Address: Telephone No.: State CONTRACTOR's License No. & Class: Original Date: Expiration Date: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venture are as follows: Project No. M2011 -B Page C 10 All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforementioned principals this day of 20 BIDDER: Signature Name and Title of Signatory Legal Name of Bidder Address Telephone Number Federal Tax I.D. No. SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED Subscribed and sworn to this day of , 20 Notary Public (SEAL) Project No. M2011 -B Page C 11 CERTIFICATION OF NON -SEGREGATED FACILITIES ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City of Santa Clarita, California The CONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The CONTRACTOR agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. CONTRACTOR Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor — 32 F.R. 7439, May 19, 1967 (F.R. Vol. 33, No. 33 — Friday, February 16, 1968 — p. 3065). Project No. M2011 -B Page C 12 BIDDER'S INFORMATION AND CERTIFICATION ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury. Bidder certifies that minority business enterprise subcontractors have been afforded full opportunity to submit bids in response to the notice and have not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in consideration for award. Bidder's Name: Business Address: Telephone: Fax: State Contractor's License No. & Class: Original Date Issued: Expiration Date: Number of Years Firm Has Been in Business: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: Name and Title: Address: Telephone: Name and Title: Address: Telephone: Project No. M2011 -B Page C 13 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this Proposal was an owner, corporate officer, partner or joint venturer are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, Bidder executes and submits this proposal with the names, title, hands, and seals of all aforementioned principals this '20 Bidder SIGNATURES MUST BE WITNESSED BY NOTARY. ATTACH ACKNOWLEDGEMENT. Sign Name, Print Name Title day of Project No. M2011 -B Page C 14 BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita for: Dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING Bidder's Signature Contractor Address City, State, Zip Code * Delete the inapplicable work. NOTE. If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. Project No. M2011 -B Page C 15 PROPOSAL GUARANTEE (BID BOND) ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B KNOW ALL MEN BY THESE PRESENTS that as Bidder, and , Surety, are held and firmly bound unto The City of Santa Clarita, as Agency, in the penal sum of dollars ($ ) which is ten percent (10%) of the total amount bid byBidder to Agency for the above -stated project, for the payment of which sum, Bidder and Surety agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Bidder is about to submit a bid to Agency for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by Bidder in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of Agency. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this day of 20 Surety Name: Address: Signed By: (CORPORATE SEAL) Print Name and Title: SIGNATURES MUST BE Bidder Name: NOTARIZED. ATTACH Address: ACKNOWLEDGEMENTS. Signed By: Print Name and Title: Project No. M2011 -B Page C 16 BIDDER'S QUESTIONNAIRE ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City of Santa Clarita, California If the bidder has answered the questionnaire within the past year and there are no significant changes in the information requested, then the bidder need not file a new questionnaire. If there are changes, indicate those changes. Should the space provided not be adequate, so indicate and complete information on a separate page(s) and attach hereto. Submitted by: Principal Office Address: Type of Firm: Telephone: Corporate: Other: Individual: Partnership: If a corporation, answer these questions: Date of Incorporation: State of Incorporation: President's Name: Vice -President's Name: Secretary or Clerk's Name: Treasurer's Name: If a partnership, answer these questions: Date of organization: State Organized in: Name of all partners holding more than a 10% interest: Project No. M2011 -B Page C 17 Designate which are General or Managing Partners. Name of person holding CONTRACTOR's license: License number: Class: Expiration Date: CONTRACTOR's Representative: Title: Alternate: Title: List the major construction projects your organization has in progress as of this date: Owner: (A) (B) Project Location: Type of Project: Project No. M2011 -B Page C 18 SECTION D Contract Agreement\ Faithful) Performance\Material and Labor Project No. M2011 -B Page D 1 SECTION D: CONTRACT AGREEMENT ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B CAPITAL IMPROVEMENT PROJECT AGREEMENT Project Name (State Fund) This AGREEMENT is made and entered into for the above -stated project BY AND BETWEEN the CITY OF SANTA CLARITA, as CITY, and as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTICLE I That contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings, appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above - stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. Project No. M2011-13 Page D 2 ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations and policies of CITY respecting such services, and in accordance with appropriate standards of professional conduct, if any, applicable to the services provided. CITY shall not be responsible for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR and nothing contained herein shall be construed as making the CONTRACTOR, or any individual whose compensation for services is paid by the CONTRACTOR, an agent or employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. Project No. M2011 -B Page D 3 ARTICLE VIII CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. Liability Insurance During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities, errors or omissions, of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Such General, Public and Professional liability and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONTRACTOR'S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above Project No. M2011 -B Page D 4 designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. ARTICLE IX Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary to comply with EDD regulations. ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modification/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without Project No. M2011-13 Page D 5 cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Conflict of Interest CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severability In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Governing Law This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including City's Labor Compliance Program. CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Prevailing Wages If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California prevailing wage determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. Project No. M2011 -B Page D 6 This contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statutes and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE) Project No. M2011 -B Page D 7 The parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names and titles on this date of. CONTRACTOR: CONTRACTOR Name: Address: Phone & Fax No. ALL SIGNATURES MUST BE Signed By: WITNESSED BY NOTARY CITY: Print Name & Title: CONTRACTOR's License No. Class Mayor/City Manager of the City of Santa Clarita Approved as to Form: City Attorney of the City of Santa Clarita Date: Date: Project No. M2011-13 Page D 8 FAITHFUL PERFORMANCE BOND ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR, AND , as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of , 20 CONTRACTOR* SURETY* Subscribed and sworn to this NOTARY PUBLIC day of '20 * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Project No. M2011 -B Page D 9 LABOR AND MATERIAL BOND ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR AND , as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of '20 CONTRACTOR* SURETY* Subscribed and sworn to this NOTARY PUBLIC day of '20 * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Project No. M2011-13 Page D 10 SECTION E GENERAL SPECIFICATION Project No. M2011 -B Page E 1 SECTION E: GENERAL SPECIFICATIONS ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B INTENT OF CONTRACT The intent of the plans and specifications is to prescribe the details for the construction and completion of the scope of work described. The Contractor shall furnish all materials, labor, equipment (unless otherwise listed), tools, supplies, transportation, and incidentals as required to do the work involved in executing the contract in a satisfactory and workmanlike manner. Sundry items required to complete the work, but not shown or specified, shall be provided at no additional cost and in accordance with the best standard practice of the trade. Work shown or specified, but not identified in the Bid Schedule, shall be considered to be included in the price bid for other items of work. LOCATION OF WORK The project is located at 24933 Newhall Ave. In the City of Santa Clarita, California. 91320 SCOPE OF WORK The work of this project includes the removal and replacement of the Roofing, Install new gutter, remove and replace fascia boards, remove and replace roof deck, install ceiling tile and remove asbestos (see Location Map in Exhibit "C") at the Newhall Recreation Building with a U.L. Class `A' roofing system. Contractor is to provide Labor to install the materials in conformance with Contract Documents and as necessary for Manufacture to issue the specified Warranty Program. Contractor shall also be responsible for providing and installing materials specified in the Contract Documents but not provided by the City. Materials must be approved in writing by Roof System Manufacturer. Contractor shall perform services as specified Plans (Exhibit A) and in Section "J" "Technical Specification", which is attached hereto and incorporated by reference. Contractor shall be responsible for providing and installing all materials specified. Materials must be approved by Roof System Manufacturer in writing. Any miscellaneous additional materials, omitted from the specifications but that are required for a complete installation, are to be supplied by the Contractor. All A.C. and Mechanical disconnects and installations shall be performed by a qualified Mechanical Contractor as specified in the Architect's Specifications "Scope of Work". Project No. M2011-13 Page E 2 TIME OF COMPLETION The Contractor shall complete all work in every detail within 20 working days. Working days shall start on the date established in the Agency -issued Notice to Proceed and shall end on the date the Agency accepts all work as being completed in accordance with the contract documents. Because of Recreation programs and contract class the roof replacement shall start August 6, 2018 and completed by August 31, 2018 CONTRACTOR'S USE OF SITE: Contractor's storage sites shall be within the project site limits. Security of the storage sites shall be the responsibility of the Contractor. Upon the completion of the project, remove from the sites temporary facilities, utility installations, equipments, tools, excess materials, debris, and leave the sites in clean condition. Contractor is responsible for any damages caused by contractor's activities including subcontractor. CLEANUP AND REMOVALS: During all phases of construction, the Contractor shall maintain a clean work site. The Contractor shall be responsible for the removal and disposal of all roofing materials and any other debris resulting from the work performed and this includes all the debris and trash and abandoned equipment within the premises of the fenced area. Full compensation shall be considered as included in the prices for the various contract items. All materials removed from the work are to be disposed off the site unless otherwise specified. Contractor shall dispose of all debris in full compliance with all government regulations having jurisdiction. Contractor shall submit to the City the following: 1. Permit for transport and disposal of debris. 2. Demolition procedures and operational sequence for review and acceptance of Owner's Representative. 3. Permits (no fee to the Contractor) from City of Santa Clarita Engineering and Building & Safety Divisions for construction within buildings. Payment outside of City's jurisdictional permit shall be paid by the Contractor and be included in the bid price and shall include full compensation for hauling materials off the site, weighing, and disposal, or for hauling salvaged materials to a designated location, and no additional compensation shall be allowed therefore. RECYCLING PLAN: Within 7 days of award of Contract, the Contractor shall submit a Construction and Demolition Materials Management Plan (C&DMMP) in accordance with Chapter 15.46, Construction and Demolition Materials Management, of the City of Santa Clarita Municipal Code. A blank copy of the C&DMMP form is located in Section H". This plan shall outline the quantity of inert material (including dirt, rock, brick, sand, and gravel) and construction material that may be recycled or reused and the possible recycling methods. The C&DMMP must be approved by the Environmental Services Division prior to issuance of building permits. When preparing the C&DMMP, the Contractor must name the hauler or haulers that the Contractor plans on using for the project. The Contractor must use a hauler that currently has a franchise agreement with the City of Santa Clarita. Contractors are urged to contact the Environmental Services Division at (661) 286-4098 for a complete list of haulers prior to the submission of the C&DMMP. If the Contractor selects to self -haul, the Contractor must name the facility where the material is going to be hauled on the C&DMMP. In accordance with Chapter 15.46, Construction and Demolition Materials Management of the City of Santa Clarita Municipal Code, at least fifty percent (50%) of all Construction and Demolition Materials Project No. M2011-13 Page E 3 and Inert Wastes from construction, demolition, grading, and renovation projects shall be diverted from landfills. At least 50% of the construction and demolition materials on this project must be recycled. All weight tickets and estimates of materials shall be given to the city's project inspector. Regarding the "50% recycling" clause: the original roof system is to be disposed of at a legal and authorized land fill or disposal center. The City has identified a local disposal center that the Contractor may use at their option. The Contractor will provide written notification to the City as to where the material was disposed. (See Exhibit D) All surplus material shall become the property of the Contractor and shall be disposed of at the Contractor's expense. All materials removed from the work are to be disposed off the site unless otherwise specified. Contractor shall dispose of all debris in full compliance with all government regulations having jurisdiction. All vegetation, trash, condemned parts, and roofing materials shall be removed in clearing and site maintenance operations and shall become the property of the Contractor and shall be disposed of outside the site of the work and at the expense of the Contractor. The Contractor shall keep the project site clean and free from rubbish and debris at all times, as well as any adjacent areas, which are affected by the construction operations. STANDARD SPECIFICATIONS The Standard Specifications of the Agency are contained in the 2015 Edition of the Standard Specifications for Public Works Construction and subsequent updates as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 3055 Overland Avenue, Los Angeles, California 90034, Telephone (213) 202-7775. The Standard Specifications control the general provisions, construction materials, and construction methods for this contract, except as amended by the Special Provisions, Appendices, and Manufacturer's instructions and recommendations. Conflicts between the Standard Specifications, Special Provisions, Appendices, and Manufacturer's instructions and recommendations shall be brought to the attention of the Agency prior to the performance of work. Unless otherwise directed, the stricter requirement, as determined solely by the Agency, shall govern. Project No. M2011-13 Page E 4 SECTION F SPECIAL PROVISIONS Project No. M2011 -B Page F 1 SECTION F: SPECIAL PROVISIONS ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B THE FOLLOWING CHANGES ARE MADE TO THE STANDARD SPECIFICATION: PART 1 - GENERAL PROVISIONS SUBSECTION 1-1 GENERAL Add the word "written" after the words "refer to." SUBSECTION 1-2 DEFINITIONS Agency: City of Santa Clarita Board: City Council of the City of Santa Clarita City: City of Santa Clarita Inspector: Inspector for the City of Santa Clarita County: County of Los Angeles State: California Engineer: Director of Public Works of the City of Santa Clarita, or his authorized representative SSPWC: Standard Specifications for Public Works Construction, 2015 Edition Greenbook: Standard Specifications for Public Works Construction, 2015 Edition SUBSECTION 1-3 ABBREVIATIONS 1-3.2 COMMON USGE BMP: Best Management Practices SWPPP: Stormwater Pollution Prevention Plan SUBSECTION 2-1 AWARD AND EXECUTION OF CONTRACT Within ten (10) working days after the date of the Agency's notice of award, the Contractor shall execute and return the following contract documents: 1. Contract agreement 2. Faithful Performance Bond 3. Labor and Materials Bond 4. Public Liability and Property Damage Insurance Certificate and Endorsement 5. Auto Insurance Certificate and Endorsement 6. Worker's Compensation Insurance Certificate 7. W-9 Form Project No. M2011 -B Page F 2 In addition, the awarded Contractor is to submit the following construction documents prior to the start of the roof replacement services: 8. Injury and Illness Prevention Program per CAL/OSHA requirements 9. Fall Protection Provision per CAL/OSHA requirements 10. Solid Resources Management Plan in conformance with SOLID RESOURCES MANANGEMENT Section 11. Copies of all required permits (City, County, State and Federal) and notifications prior to performing work requiring permits and notifications. 12. Staging Plan (see SUBSECTION 7-1, CONTRACTOR'S EQUIPMENT AND FACILITIES) 13. Schedule of Submittals 14. SWPPP Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. SUBSECTION 2-3 SUBCONTRACTS 2-3.2 SELF PERFORMANCE Replace the seventh paragraph with the following: The Contractor shall perform or provide, with its own organization, contract labor, materials as required, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 50 percent of the total contract labor for the Contract. Contract labor shall exclude superintendence. Any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. When items of work in the bid schedule are preceded by the letter(s), said items are designated "specialty items." Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the Contract Unit or Lump Sum Price. When a portion of an item is subcontracted, and value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer. The prime contractor shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each subcontractor. SUBSECTION 2-4 CONTRACT BONDS — Add the following: The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion, or until all claims for material and labor are paid, whichever is greater. SUBSECTION 2-5 PLANS AND SPECIFICATIONS Project No. M2011 -B Page F 3 2-5.2 PRECEDENCE OF CONTRACT DOCUMENT — Add the following: With reference to the drawings, the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Addenda/change order drawings govern over contract drawings. 3. Contract drawings govern over standard drawings. 4. Contract drawings govern over shop drawings. Add new Subsection as follows: 2-5.4 EXAMINATION OF CONTRACT DOCUMENTS. The bidder shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the drawings and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, drawings, specifications, and other contract document. 2-11 INSPECTION add the following: No roofing materials shall be placed prior to Agency inspection of the work area. SECTION 3 CHANGES IN WORK SUBSECTION 3-2 CHANGES INITIATED BY THE AGENCY 3-2.1 GENERAL Amend this subsection as following: Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 3-3.2 PAYMENT Amend this subsection as follows: All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative. 1) Labor...................................................................... 20% 2) Materials................................................................ 15% 3) Equipment Rental ................................................... 15% 4) Other Items and Expenditures ............................... 15% Work by Subcontractor. The aggregate of all markups for added work, regardless of the number of tiers of subcontractors used, shall not exceed the markup established in Subsection 3-3.2.3(a) plus 10 percent on the first $2,000 of the extra work and 5 percent on work in excess of $2,000. Project No. M2011 -B Page F 4 Add new Subsection as follows SUBSECTION 3-6 EXISTING CONDITION Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Contractor shall have an opportunity, prior to submittal of the bid, to inspect the property. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure in which the Contractor and sub -contractors agree to participate in all matters of local taxation, specifically with regard to the allocation of California Sales and Use Taxes, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents. SUBSECTION 4-1 MATERIALS AND WORKMANSHIP SUBSECTION 4-1.1 GENERAL Add the following The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make repairs and/or replacements made necessary by defects in Contractor's/Sub-Contractor's materials, equipment, or workmanship that become evident within three years after the date of recordation of the Notice of Completion. Within this Three-year period, the Contractor shall also restore to full compliance with requirements of this contract portions of the work which are found to not meet those requirements. The contractor shall hold the Agency harmless from claims of any kind arising from damages due to said defects or noncompliance. Repairs, replacements, and restorations shall be made within 30 days after the date of the Engineer's written notice. SUBSECTION 4-1.4 TEST OF MATERIALS Add the following Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. SUBSECTION 4-1.6 TRADE NAMES OR EQUALS add the following Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth herein and in the Instruction to Bidders. Add new Subsection SUBSECTION 4-1.10 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portion of the existing roofing structure of the building, Parking Lot, existing sidewalk adjacent to the building, and landscaping at the Centre building, or any existing utility or facility damaged by the Contractor during the course of the roof replacement at the Newhall Recreation Building shall be replaced by the Contractor at his or her own cost, free of all charges to the City. Project No. M2011 -B Page F 5 SECTION 5 — UTILITIES SUBSECTIONS 5-1.1 GENERAL Add the following The CONTRACTOR shall protect all existing utilities and improvements. Any damage to existing utilities or improvements shall be promptly repaired and/or paid for by CONTRACTOR. CONTRACTOR's cost for locating and protecting all existing utilities is incidental to the contract price, and no additional compensation will be paid. SECTION 6 PROSECUTIONS, PROGRESS, AND ACCEPTANCE OF WORK SUBSECTION 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Amend this subsection as follows The CONTRACTOR's proposed construction schedule, staging plan, truck route, all required permits from agencies, submittal and emergency contact numbers of contractor and/or subcontractors, if needed, shall be submitted on the day of the pre -construction meeting after the AGENCY's issuance of a notice of award of contract agreement. Prior to issuing the Notice to Proceed with Work, the ENGINEER will schedule a preconstruction meeting with the CONTRACTOR to review the proposed construction Schedule and delivery dates, discuss construction methods, review of solid resources management plan and/or reuse, recycling plan, coordination with licensed inspector, and clarify inspection procedures. The work shall start within 10 days after the notice to proceed and shall be completed within the time provided in the Specifications. The CONTRACTOR shall submit Progress Payment Reports to the ENGINEER at the end of each month. The report shall include the payroll certification of Contractor and its sub -Contractors and three (3) copies of the updated CPM Schedule. Progress payment will be withheld pending receipt of any required reports as stated in the project specifications. Critical Path Method (CPM) — Construction Schedule —Because of Recreation programs construction will start August 6, 2018 and allow recreation programs to resume on September 4, 2018. The schedule shall be in a computerized format acceptable to the AGENCY. The critical path is to be the longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. The schedule shall become part of the contract. The CONTRACTOR shall submit three (2) copies of the updated CPM schedule with each progress payment on or by the 51" day of each month for the AGENCY review. Near Term Schedules (Short Term Look Ahead Schedule) - The CONTRACTOR is required to submit the AGENCY a Near Term Schedule each week at the weekly construction meeting. This schedule is to be a 2 -week projection and shall include the week submitted and the following week. SUBSECTION 6-3 SUSPENSION OF WORK SUBSECTION 6-3.1 GENERAL Add the following The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) due to unsuitable weather or such other conditions that render the proper prosecution of the Work unfavorable; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing. Project No. M2011 -B Page F 6 SUBSECTION 6-4 TERMINATION OF THE CONTRACTOR FOR DEFAULT Add as following The second and third paragraphs of subsection 6-4 of the Standard Specification shall be amended to read as follows: The City's Representative may provide written notice to the Contractor and its surety if, at any time in the sole opinion of the City's Representative, the Contractor fails or refuses to: (1) begin delivery of material and equipment for removal and demolition; (2) commence Work within the time specified; (3) maintain a Work program which will insure the Agency's interest; (4) carry out the intent of the Contract; (5) supply an adequate working force, manufactured articles or material of proper quality; or (6) in any other respect prosecute the Work with the diligence and force specified and intended by the terms of the Contact. If the Contractor or its surety does not fully comply with such notice within five (5) calendar days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part Thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract. SUBSECTION 6-6 DELAYS AND EXTENSIONS OF TIME Add as following SUBSECTION 6-6.1 GENERAL. In the second paragraph, replace the word "materials" with the words "materials, equipment, or labor." SUBSECTION 6-7 TIME OF COMPLETION SUBSECTION 6-7.1 GENERAL Add the following: The time of completion shall be as noted in the General Specifications. Add new Subsection SUBSECTION 6-7.2 WORKING DAYS: Contractor's activities shall be confined to the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. In addition, no work shall be performed by the Contractor on Agency -designated holidays. Agency - designated holidays are listed in Table 1 below. Refer to Subsection 7-10.1 for additional time restrictions regarding traffic and access. Project No. M2011 -B Page F 7 TABLE 1 - AGENCY -DESIGNATED HOLIDAYS Monday, February 20, 2017 Monday, May 29, 2017 Monday, July 4 2017 Monday, September 4, 2017 Friday, November 10, 2017 Thursday, November 23, 2017 Friday, November 24, 2017 Friday, December 22, 2017 Monday, December 22, 2016 Friday, December 29, 2017 Monday, January 1, 2018 Monday, January 15, 2018 President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve (1/2 day) Christmas Day New Year's Eve (1/2 day) New Year's Day Martin Luther King Day Deviations from these restrictions will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor. FAILURE OF THE CONTRACTOR TO ADHERE TO THESE RESTRICTIONS WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A WORKING DAY OR HOURS VIOLATION, AS PROVIDED HEREIN, THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000. EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $500 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND ACTUAL DAMAGE CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS. SUBSECTION 6-8 COMPLETION AND ACCEPTANCE Add as following Before the project is approved or signed off, a final walkthrough of the project including, but not limited to, the Supervisor or designate must be completed to verify all repairs are acceptable. SUBSECTION 6-9 LIQUIDATED DAMAGES Add as following It is agreed by the parties to the contract that in case all work called for under the contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City of Santa Clarita and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Santa Clarita the sum of One Thousand Dollars ($1,000) per working day for each and every day's delay beyond the time prescribed to complete the work, or any approved extension thereof, and the Contractor agrees to pay such liquidated damages as herein provided and in case the same are not paid, agrees that the City of Santa Clarita may deduct the amount thereof from any money due or that may become due the Contractor under the contract. Project No. M2011 -B Page F 8 It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Engineer shall have the right to extend the time for completion. If the Engineer extends the time limit for the completion of the contract, the City shall further have the right to charge to the Contractor, his heirs, assigns, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall within ten (10) days from the beginning of such delay notify the City Engineer in writing of the cause of delay. The City Engineer shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive. SUBSECTION 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES Add as following The Contractor is solely responsible for the means and methods of construction, and for providing and maintaining a safe place to work throughout the duration of the project. Staging of equipment, facilities and construction materials is critical for this project in order to maintain access for City patrons during hours in which the Park is open to the public. It is the responsibility of the Contractor to acquire sufficient space for this purpose. SUBSECTION 7-2 LABOR SUBSECTION 7-2.2 PREVILLING WGES: Amend the following subsections of the Standard Specifications to add: Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, Contractor and all Subcontractors shall be required to comply with the provisions of Section 1770 et seq. of the California Labor Code, as discussed in the Notice Inviting Bids. In addition, if this Project involves federal funds or otherwise requires compliance with the Davis -Bacon Fair Labor Standards Act, the Contractor and all Subcontractors under him shall comply with the higher of the state or federal prevailing wage rates. The Contractor and all subcontractors, suppliers, and vendors shall comply with all Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the Labor Code, as provided in Section 1773, et. seq., the latest prevailing rates as established by the Director of Industrial Relations of the State of California can be accessed at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Contractor shall not pay less than these rates. Add new subsection SUBSECTION 7-2.2.1 SOCIAL SECURITY REQUIREMENT: Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid. Project No. M2011 -B Page F 9 Add new subsection SUBSECTION 7-2.2.2 APPRENTICES: Add as following Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. SUBSECTION 7-2.2.3 LICENSING REQUIEMENTS; Add as following Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. SUBSECTION 7-2.2.4 NON-DISCRIMINATION: Add as following Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non -disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work. SUBSECTION 7-3 INSURANCE SUBECTION 7-3.2 GENERAL LIABILITY INSURANCE. Add the following Liability insurance coverage requirements are amended as follows: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $ 1,000,000 Products/Completed Operations Hazard $ 1,000,000 Comprehensive Automobile Liability $ 1,000,000 Contractual General Liability $ 1,000,000 A combined single -limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. Except as provided for in Subsection 6-10, the Contractor shall save, keep and hold harmless the Agency, its officers, employees, and agents from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or a negligent act or omission by the Contractor, any of the Contractor's employees, or any subcontractor. The Agency will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance, except as provided for in Subsection 6-10 of the Standard Specifications. Project No. M2011 -B Page F 10 Liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of an expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered or certified mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. A Certificate of Insurance is evidencing the above policy shall be submitted to the Agency concurrently with the filing of the Faithful Performance Bond and Payment (Labor and Material) Bond and shall be subject to the approval of the City Attorney. The cost of this insurance shall be included in the Contractor's bid. SUBSECTION 7-5 PERMITS Replace Subsection 7-5 with the following: Prior to the start of work, the Contractor shall take out the applicable Agency permits and other required permits from different agencies and make arrangements for Agency inspections. Agency permits by the City of Santa Clarita will be issued at no charge to the Contractor. City's permits required for this project is Building permits from City's Building and Safety Division. Agency inspections will be provided by the Public Works Department. Contractor is also required to obtain other required permits not specifically listed in this section and pay for those fees if required to construct and complete the project. The Contractor and all subcontractors shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain, at the Contractor's cost, any and all other permits, licenses, inspections, certificates or authorizations required by any governing body or entity. Contractor shall include the cost of manufacturers, Job site visits to inspect and review installation procedures and material used. (See Section 1(1.7 QUALITY ASSURANCE- C-1.-2.) Prior to the start of the construction, Contractor is required to submit copies of permits and notifications to the City's Project Manager. Contractor shall pay all costs of fines, including those against the Department, resulting from Contractor's non-compliance with permit requirements. Submit to the South Coast Air Quality Management District (SCAQMD) a notification form (SCAQMD Rule 1403) 10 days prior to the start of demolition work. Obtain forms from the SCAQMD Enforcement Division, Hazardous Materials Section. Contractors performing Medium Operations and Large Operations as defined by SCAQMD Rule No. 403 shall obtain SCAQMD approval of a fugitive dust emissions control plan within 10 working days after the operation begins. Contractor shall procure all permits and pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. All fee permits required for this project shall be included in bid items listed in the bid schedule of the project specifications. Project No. M2011 -B Page F 11 SUBSECTION 7-8 WORK SITE MAINTENANCE SUBSECTION 7-8.2 AIR POLLUTION CONTROL. Shall be amended to add the following: In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. SUBSECTION 7-8.3 NOISE CONTROL Add as following: The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. A noise level limit of 86 DBA at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. SUBECTION 7-8.6 WATER POLLUTION CONTROL Add the following Roofing materials, trash, construction related wastes, other potential pollutants, or stockpiles of these materials, shall not be transported by wind or blower, storm or wash water from the site via sheet flow, swales, area drains, natural drainage, storm drains, or streets. It shall be the Contractor's responsibility to stack sandbags to create barrier around catch basin or storm drain inlet of affected sites to detain sediment laden water, debris, trash, and nuisance water prior to the start of remove and replace of required work orders SUBSECTION 7-8.6.2 BEST MANAGEMENT PRACTICES (BMPs) add the following Best Management Practices shall be defined as any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook. This publication is available from: Blue Print Service 1700 Jefferson Street Oakland, CA 94612 Telephone: (510) 444-6771 Los Angeles County Department of Public Works Cashier's Office 900 S. Fremont Avenue Alhambra, CA 91803 Telephone: (818) 458-6959 The Contractor shall have a minimum of one readily accessible copies of this publication on the project site at all times, for prime and each of the subcontractors. The Contractor shall implement the following BMPs in conjunction with all its activities and construction operations. Project No. M2011 -B Page F 12 CONSTRUCTION PRACTICES CA 002 Paving Operations CA 003 Structure Constructions and Painting MATERIAL MANAGEMENT CA 010 Material Deliveries and Storage CA 011 Material Uses CA 012 Spill Prevention and Control WASTE MANAGEMENT CA 021 Hazardous Waste Management CA 023 Concrete Waste Management VEHICLE AND EQUIPMENT MANAGEMENT CA 030 Vehicles and Equipment Cleaning CA 031 Vehicles and Equipment Fueling CA 032 Vehicles and Equipment Maintenance TRAINING CA 040 Employee/Subcontractor Training PHYSICAL STABILIZATION ESC 021 Dust Control ESC 023 Construction Road Stabilization ESC 024 Stabilized Construction Entrance VELOCITY REDUCTION ESC 040 Outlet Protection ESC 041 Check Dams SEDIMENT TRAPPING ESC 052 Sand Bag Barriers ESC 054 Storm Drain Inlet Protections ESC 055 Sediment Trap Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific 'BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the year. BMPs for erosion control and sedimentation shall be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. The Agency, as a permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The agency will assess the Contractor with liquidated damages of $1,000 for each calendar day that Contractor has not fully implemented the BMPs specified for the project and/or is otherwise in noncompliance with these provisions. In addition, the Agency will deduct, from the final payment due the Contractor, the total amount of any fines levied on the Agency, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. Project No. M2011 -B Page F 13 Full compensation for the Storm Water implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials, shall be included in the prices, paid for other items of work. SUBSECTION 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following: The CONTRACTOR shall replace, relocate and re-establish all existing improvements within the project limits which are not designated for removal which are damaged or removed as a result of his operations or as required by the Plans and Specifications. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as possible. The following sentence is added at the end of the third paragraph of Subsection 7-9: Landscaping shall be restored to its original condition or better, at least equal to the existing trees, lawns, and shrubbery. Any trees, turf or shrubbery which dies or is damaged beyond acceptance during the project due to interruption of normal programmed irrigation shall be removed and replaced with similar type and sized plant material. Likewise, any turf that dies during the project will be replaced with sod. The last paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following: All costs to the CONTRACTOR for protecting, removing, restoring, relocating, repairing, replacing or reestablishing existing improvements for which no specified bid item is listed shall be included in related items of work and no additional compensation will be allowed. Property which must be protected from damage includes but is not limited to: trees and tree limbs, concrete walkways, irrigation and electrical boxes, light standards, and turf. Property, which has been damaged in any manner or to any degree shall be restored to its pre-existing condition, insofar as is practicable, before the project will be accepted and payment for work made. SUBSECTION 7-10 SAFETY SUBSECTION 7-10.4.1 WORK SITE SAFETY. Shall be amended to add the following: It is part of the service required of the Contractor to make whatever provisions are necessary to protect Agency personnel and the public, and the adjacent property owners. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect Agency personnel, park patrons, and the public from danger, loss of life, or loss of property outside of the roof replacement premises which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect Agency personnel and the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the contractor to provide a remedy for Project No. M2011 -B Page F 14 the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary shall be borne by the Contractor. All expenses incurred by the Agency for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the Agency does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. In accordance with generally accepted construction practices, the Construction CONTRACTOR shall assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and this requirement shall apply continuously and not be limited to normal working hours. Neither the AGENCY, the ENGINEER, nor the Design Engineer shall have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, as these are solely the responsibility of the Construction CONTRACTOR. The Design Engineer shall not have the authority to stop or reject the work of the Construction CONTRACTOR. Although the project is roof replacement of building, the Construction CONTRACTOR needs to be aware that this facility is located inside the City Park and between two public schools and adjacent to the Boy and Girls Club. The CONTRACTOR is responsible for site safety, including the posting of signage as necessary to alert the pedestrians. SUBSECTION 7-11 PATENT FEES OR ROYALTIES. Amend this subsection as following The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use. SECTION 7-13 LAWS TO BE OBSERVED. Amend this subsection as following The Contractor shall keep himself fully informed of all existing and pending federal, state and local laws, rules and regulations which in any manner may affect those employed in the Work, the material used in the Work, the conduct of the Work, as well as all orders and decrees of bodies or tribunals having jurisdiction or authority over the same. The Contractor shall particularly observe all ordinances of the City in relation to the obstruction of streets or conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. Add new Subsection SUBSECTION 7-15 INDEMNIFICATION The Contractor shall defend (with counsel of City's choosing), indemnify and save harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses of whatsoever kind or nature, including but not limited to, any and all direct and indirect costs of defense, made against, incurred or suffered as a direct or indirect consequence of this Contract or the performance thereof, or resulting from any injury, sickness or disease, including death, to persons or injury to or removal of abatement service and destruction of property, including but not limited to, the loss of use of property resulting directly or indirectly from this Contract. The only limitations on this provision shall be those imposed by Civil Code Section 2782. Project No. M2011 -B Page F 15 SECTION 9 - MEASUREMENT AND PAYMENT SUBSECTION 9-3.2 PARTIAL AND FINAL PAYMENT. Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. The CONTRACTOR will prepare the approximate measurement of the quantities of work performed through the closure date and submit it to the AGENCY for the approval. When the work is complete, the ENGINEER will determine the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within 30 days following the submittal of the progress payment to the City. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents but not limiting to Contractor's certified payroll sheets. In addition, the final progress payment will not be released until the CONTRACTOR complete all work in accordance with the Contract Document. A full 5 percent will be retained from all progress amounts due. The retained amounts will be authorized for final payment 35 days after the date of recordation of the Notice of Completion, and approved at a City Council meeting. The CONTRACTOR, however, may receive interest on the retained amount or receive the retained amount itself so long as securities equivalent to the retained amounts are substituted with escrow holder approved by the AGENCY. At the request and expense of the CONTRACTOR, retained amounts or securities equivalent to the retained amounts may be deposited with the State Treasurer or a state or federally chartered bank as the escrow agent, who shall return such monies or securities to the Contractor upon satisfactory completion of the contract. Surety eligible for investment shall include those listed in Section 16430 of the State Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts and stand-by letters of credit. Any escrow agreement entered into shall contain the following provisions and be substantially similar to the form "Escrow Agreement for Security Deposits in Lieu of Retention as contained in Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code." SUBSECTION 9-3.3 DELIVERED MATERIALS add the following Materials and equipment delivered but not incorporated into the work may be included in the estimate for progress partial payment on a case by case basis. CONTRACTOR shall submit in writing to AGENCY a request for payment on materials purchased but not yet installed. CONTRACTOR will be responsible for the storage and security of all materials procured. AGENCY is not responsible for lost or damaged materials. SECTION 9-4 BID SCHEDULE MEASUREMENT AND PAYMENT. Add new subsection as follows: SUBSECTION 9-4.1 Scope. The Bid Schedule shall have all items listed separately, including all materials and labor costs. Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, raw materials, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work as specified in the Contract Document, and shown on the drawings, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Project No. M2011 -B Page F 16 Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Sheet(s), and all costs therefore shall be included in the prices named in the Bid Sheet for the various appurtenant items of work. SUBSECTION 9-4.2 Payment Schedule. Add new subsection as follows All pay line items will be paid for at the lump sum or unit prices named in the Bid Schedule for the respective items of work. The quantities of work or material stated as unit price items on the Bid Schedule are supplied only to give an indication of the general scope of work; the City reserves the right after award to increase or decrease the quantity of any unit price item of work, by any amount, of any bid item, without a change in the unit price. The CONTRACTOR is required to provide a complete bid for all work described in the Contract Document. Project No. M2011 -B Page F 17 This Page is Omitted Intentionally Project No. M2011 -B Page F 18 SECTION G ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City Project M2011 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Effective Date of Approval: November 20, 2003 Updated: January 24, 2012 LA#135134Q CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM IMPLEMENTATION PLAN & OPERATIONAL MANUAL Table of Contents I. Introduction II Labor Compliance Program III. Implementation Plan IV. Operational Manual • Site Visitation /Interviewing Requirements V. Procedures • Certified Payroll Verification • Labor Compliance Site Monitoring VI. Forms Public Works Contract Award Information (DAS 140) • Training Funds Contributions (CAC 2) • Contractor Fringe Benefit Statement • Certified Payroll Reporting (sample) • DIR Public Works Payroll Reporting Form A-1-131(2-80) • Prevailing Wage Determination (sample) • Rules of Engagement • Labor Compliance Site Visitation Interview Form • Site Visitation Log • Pre -Award Letter (sample) • Post -Award Letter (sample • 1 st Request for Certified Payrolls Letter (sample) • Missing Documents List • Certified Payroll Worksheet • Certified Payroll Correction Letter (sample) • Report of Action for Prevailing Wage Violations LA#135134v2 Section I CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LA #135134 v2 INTRODUCTION The CiLl of Santa Clarita (the "City") institutes this Labor Compliance Program ("LCP") for the LluUlose of identifling and imLliementing its policy relative to the labor comb fiance provisions of sta and federally funded public works contracts. This program is established for those applicable public works that commence construction after November 1, 2003. California Labor Code Section 1770, et seq., requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research. California Labor Code Section 1776 requires contractors to keep accurate payroll records of trades workers on all public works projects and to submit copies of certified payroll records upon request. California Labor Code Section 1777.5 requires contractors to employ registered apprentices on public works projects. This LCP" contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions, which include, but are not limited to, the following: 1. All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter. 2. A pre job conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract. 3. Contractors' payment of applicable general prevailing wage rates. 4. Contractors' employment of properly registered apprentices. 5. Contractors' providing weekly certified payroll records upon request but not less than monthly. 6. Program's monitoring City construction sites for the verification of proper payments of prevailing wage rates and work classification. 7. Program's conducting pre job conferences with contractors/subcontractors. 8. Program's withholding contract payments and imposing penalties for noncompliance. 9. Program's preparation and submittal of annual reports. 10. Program's Notice of Labor Compliance Program Approval shall be included in the Call for Bids, in the contract/purchase order and shall also be posted at the job site. The Labor Compliance Officer (" LCO') is the City's representative for enforcement of the LCP. Questions regarding the California Labor Code, including issues relating to this LCP, should be directed to Harry Corder, the City's Labor Compliance Officer, at (661) 286-4025. Section II CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LABOR COMPLIANCE PROGRAM CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM TABLE OF CONTENTS Page Introduction I. Public Works Subject to Prevailing Wage Laws ...................................... 1 A. Types of Contracts to Which Prevailing Wage RequirementsApply....................................................................... 1 B. Applicable Dates for Enforcement of the LCP................................ 1 II. Competitive Bidding on City Public Works Contracts ............................ 2 III. Job Start Meeting........................................................................................ 2 IV. Review of Certified Payroll Records.......................................................... 3 A. Certified Payroll Records Required ................................................ 3 B. Apprentices.....................................................................................5 C. Audit of Certified Payroll Records .................................................. 6 D. Complaints......................................................................................6 E. Review of Certified Payroll Records .............................................. 7 F. Confirmation of Payroll Records .................................................... 7 G. Written Summary of Labor Compliance Activities ......................... 7 V. Reporting of Willful Violations to the Labor Commissioner ................... 8 A. Failure to Comply with Prevailing Wage Requirements ................. 8 B. Falsification of Payroll Records, Misclassification of Work and/or Failure to Accurately Report Hours of Work ....................... 8 C. Failure to Submit Certified Payroll Records ................................... 8 D. Failure to Make Employee Payments .............................................. 8 E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices .................................. 8 F. For the Taking of Kick Backs......................................................... 8 VI. Enforcement Action.................................................................................... 8 A. Duty of the Awarding Body............................................................ 8 B. Withholding Contract Payments when Payroll Records are Delinquent or Inadequate ............................................ 9 C. Withholding Contract Payments, When After Investigation, It is Established That Underpayment or Other Violation Has Occurredl0 D. Forfeitures Requiring Approval by the Labor Commissioner............................................................................... 10 E. Determination of Amount of Forfeiture by the Labor Commissioner..................................................................... 11 F. Deposits of Penalties and Forfeitures Withheld ............................ 12 G. Debarment Policy......................................................................... 13 VII. Notice of Withholding and Review Thereof ............................................ 13 A. Notice of Withholding of Contract Payments (NWCP) ................ 13 B. Review of NWCP......................................................................... 13 C. Settlement Authority..................................................................... 14 VIII. Priority Distribution of Forfeited Sums ................................................... 15 IX. Outreach Activities.................................................................................... 15 A. Providing Information to the Public .............................................. 15 B. In-service Management training on the Labor Compliance Program.................................................................... 16 X. Annual Reports.......................................................................................... 16 A. Annual Report on Prevailing Wage Monitoring tothe City Council........................................................................ 16 ATTACHMENTS A. Checklist of Labor Law Requirements for Review at JobStart Meetings......................................................................... 17 B. Audit Record Worksheets............................................................. 19 C. Request for Approval of Forfeitures (suggested format) ............... 23 D-1. Notice of Temporary Withholding of Contract Payments Due to Delinquent of Inadequate Payroll Records .................................... 25 D-2. Notice of Withholding of Contract Payments ............................... 27 E. Notice of Transmittal.................................................................... 30 F. Notice of Opportunity to Review Evidence Pursuant To Labor Code Section 1742(b) .................................................... 31 G. Prevailing Wage Hearing Regulations, 8 CCR Sections 17201 -17270 ....................................................... 34 H. Suggested Single Project Labor Compliance Review and Enforcement Report Form............................................................. 35 INTRODUCTION The City of Santa Clarita institutes this Labor Compliance Program ("LCP") for the purpose of implementing its policy relative to the labor compliance provisions of state and federally -funded public works contracts and specifically to comply with the provisions of Labor Code Section This LCP contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions. The California Labor Code Section 1770, et seq. requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research. In establishing this LCP, the City adheres to the statutory requirements as enunciated in Section 1771.5(b) of the Labor Code. Further, it is the intent of the City to actively enforce this LCP by monitoring City construction sites for the payment of prevailing wage rates, and by requiring contractors and subcontractors having workers on City sites to submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates. The failure of the City to comply with any requirement imposed by the California Code of Regulations shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligations imposed by Chapter 1 (commencing with Section 1720), Part 7, Division 2 of the Labor Code. Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the City will modify the affected portions of this program accordingly. SECTION I PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair, or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. A. Types of Contracts to Which Prevailing Wage Requirements Apply Applicable projects under Labor Code Section 1720 et seq. B. Applicable Dates for Enforcement of the LCP The applicable dates for enforcement of awarding body Labor Compliance Programs is established by Title 8, Section 16425 of the California Code of Regulations. Contracts are not subject to the jurisdiction of the Labor Compliance Program until after the program has received approval. SECTION 11 COUPETITIVE : 11 ► O\ r ' 1: 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: The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; The contractor's duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1777.1,1777.7 and 1813 4. The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their portion of the work is less than one half of one percent of the total amount of the contract. 5. The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6. The prohibition against taking or extracting kickback from employee's wages under Labor Code Section 1778; 7. The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8. The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9. The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and Pa under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10. The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11. The requirement that the contractor and subcontractor be properly insured for Workers' Compensation under Labor Code Section 1861); 12. The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13. The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14. The requirements to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). Date Name of person signing and company The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask questions of the LCO relative to the items contained in the Labor Law Requirements Checklist. The checklist will then be signed by the contractor's representative, a representative of each subcontractor, and the LCO. At the Job Start meeting, the LCO will provide the contractor with a copy of the City's LCP package which includes: a copy of the approved LCP, the checklist of Labor Law Requirements, applicable Prevailing Wage Rate Determinations, blank certified payroll record forms, fringe benefit statements, State apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1, Sections 1720-1861). It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors. SECTION IV REVIEW OF CERTIFIED PAYROLL RECORDS A. Certified Payroll Records Required The contractor and each subcontractor shall maintain payrolls and basic records (timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, superintendent and foreman daily logs, etc.) during the course of the work and shall be retained until the later of (1) at least one year after the acceptance of the public work or five years after the cessation of all labor on a public work that has not been accepted, or (2) one year after a final decision or judgment in any litigation under Labor Code Section 1742. Certified Payroll Records on Federally -assisted shall be maintained for a minimum of three years after acceptance of the public work. Such records shall include the name, address, and social security number of each worker, his or her classification, a general description of the work each employee performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, and actual wages paid. 1. Submittal of Certified Payroll Records The contractor and each subcontractor shall maintain weekly certified payroll records for submittal to the City of Santa Clarita LCO, as required. The contractor shall be responsible for the submittal of payroll records of all its subcontractors. All certified payroll records shall be accompanied by a statement of compliance signed by the contractor or each subcontractor under penalty or perjury pursuant to Labor Code Section 1771.5(b)(3) indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Director of the Department of Industrial Relations, and that the classifications set forth for each employee conform with the work performed. Time cards, front and back copies of cancelled checks, daily logs, employee sign -in sheets and/or any other records maintained for the purposes of reporting payroll may be requested by the Labor Compliance Officer at any time and shall be provided within 10 days following the receipt of the request. 2. Use of Electronic Reporting Forms a. Certified payroll records required by Labor Code Section 1776 may be maintained and submitted electronically, subject to the following conditions: (1) Reports must contain all of the information required by Labor Code Section 1776; (2) Information must be organized in a manner that is similar or identical to the Department of Industrial Relations "Public Works Payroll Reporting Form" (Form A-1-131); (3) Reports shall be in a format and use software that is readily accessible and available to Contractors, Subcontractors & the District, LCP and the Department of Industrial Relations; (4) Reports must be in the form of a non -modifiable image or record: and (5) Reports must bear an electronic signature or include a copy of an original certification made on paper or printed out and submitted on paper with an original signature. b.No contractor or subcontractor shall be mandated to submit or receive electronic reports when it otherwise lacks the resources or capacity to do so, nor shall any contractor or subcontractor be required to purchase or use proprietary software that is not generally available to the public. 3. Full Accountability Each individual, laborer or craftsperson working on a public works contract must appear on the payroll. The basic concept is that the employer who pays the trades worker must report that individual on its payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner -operators are to be reported by the contractor employing them; rental equipment operators are to be reported by the rental company paying the workers' wages. Sole owners and partners who work on a contract must also submit a certified payroll record listing the days and hours worked, and the trade classification descriptive of the work actually done. The contractor shall make generally available for inspection such records by the Department of Industrial Relations, and shall permit representatives of each to interview tradesworkers during working hours on the project site. 4 4. Responsibility for Subcontractors The contractor shall be responsible for ensuring adherence to labor standards provisions by its subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its subcontractors in accordance with Labor Code Section 1775. 5. Payment to Employees Employees must be paid unconditionally, and not less often than once each week, the full amounts, that are due and payable for the period covered by the particular payday. Thus, an employer must establish a fixed workweek (Sunday through Saturday, for example) and an established payday (such as every Friday or the preceding day should such payday fall on a holiday). On each and every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. If an individual is called a subcontractor, whereas, in fact, he/she is merely a journey level mechanic supplying only his/her labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a trades worker. Moreover, any person who does not hold a valid contractor's license cannot be a subcontractor, and anyone hired by that person is the worker or employee of the general contractor for purposes of prevailing wage requirements, certified payroll reporting and workers' compensation laws. The worker's rate for straight time hours must equal or exceed the rate specified in the contract by reference to the "Prevailing Wage Determinations" for the class of work actually performed. Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid the prevailing rate established for those days regardless of the fixed workweek where required by the Labor Code. The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be paid pursuant to the Prevailing Wage determination where required by the Labor Code. B. Apprentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered and approved by the State Division of Apprenticeship Standards. The allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the Department of Industrial Relations for the classification of the work he/she actually performed. Pre -apprentice trainees, trainees in non -apprentice able crafts, and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: Submit contract award information to the apprenticeship committee for each apprenticeable craft or trade in the area of the Project; Request dispatch of apprentices from the applicable Apprenticeship Program(s) and employ apprentices on public works projects in a ratio to journeypersons which in no case shall be less than one (1) hour of apprentice work to each five (5) hours of journeyperson work; and Contribute to the applicable Apprenticeship Program(s) or the California Apprenticeship Council in the amount identified in the prevailing wage rate publication for journeypersons and apprentices. If payments are not made to an Apprenticeship Program, they shall be made to the California Apprenticeship Council, Post Office Box 420603, San Francisco, CA 94142. 4. Pay properly registered apprentices no less than the prevailing apprentice rate. 6. Pay the regular prevailing wage rate (i) to any worker who is not a duly registered apprentice and (ii) for all hours in excess of the maximum ration permitted under Labor Code Section 1777.5(g), as determined at the conclusion of the employing contractor or subcontractor's work on the public works contract. If the contractor is registered to train apprentices, it shall furnish written evidence of the registration (i.e., Apprenticeship Agreement or Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the wage rates required to be paid thereunder for the area of construction, prior to using any apprentices in the contract work. It should be noted that a prior approval for a separate project does not confirm approval to train on any project. The contractor/subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. The City will inform contractors and subcontractors bidding public works projects about apprenticeship requirements, send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code; and refer complains and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. The Labor Compliance Program shall be responsible for enforcing prevailing wage requirements for apprentices consistent with the practice of the Labor Commissioner. C. Audit of Certified Payroll Records An Audit, as defined in the California Code of Regulations, shall be prepared by the Labor Compliance Program whenever the Labor Compliance Program has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An "Audit" for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid workers, and including any penalties to be assessed under Labor Code Section 1775 and 1813, as determined by the Labor Compliance Program after consideration of the best information available as to the actual hours worked, amounts paid, and classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. An Audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An Audit using the forms in Attachment B, when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. After the Labor Compliance Program has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these Labor Compliance Program regulations. The contractor and affected subcontractor shall be provided at least 10 days following such notification to submit exculpatory information consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If, based upon the contractor's submission, the Labor Compliance Program reasonable concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations, the Labor Compliance Program shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the Labor Compliance Program. D. Complaints Upon receipt of a written complaint alleging that a contractor or subcontractor has failed to pay prevailing wages as required by the Labor Code, the LCP shall do all of the following: 1. Within 15 days after receipt of the complaint, send a written acknowledgment to the complaining parry 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 parry in writing of the resolution of the complaint within ten days after the complaint has been resolved by the LCP; 4. Notify the complaining parry in writing at least once every 30 days of the status of a complaint that has not been resolved by the LCP; and 5. Notify the complaining party in writing at least once every 90 days of the status of a complaint that has been resolved by the LCP but remains under review or in litigation before another entity. E. Review of Certified Payroll Records Payroll records furnished by contractors and subcontractors in accordance with section 16421(a)(3) of the California Code of Regulations, and in a format prescribed at section 16401 of Title 8 of the California Code of Regulations, shall be reviewed by the Labor Compliance Program as promptly as practicable after receipt thereof, but in no event more than 30 days after such receipt. "Review" for this purposed shall be defined as inspection of the records furnished to determine if (1) all appropriate data elements identified in Labor Code Section 1776(a) have been reported; (2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b); and (3) the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described in subpart (f) below. F. Confirmation of Payroll Records "Confirmation" of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third parry recipients of "Employer Payments" (as defined at section 16000 of Title 8 of the California Code of Regulations, or any other reasonable method of corroboration. For each month in which a contractor or subcontractor reports having workers employed on the public work, confirmation of furnished payroll records shall be undertaken randomly for at least one worker for at least one weekly period within that month. Confirmation shall also be undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the Labor Compliance Program that payroll records furnished by a contractor or subcontractor are inaccurate. G. Written Summary of Labor Compliance Activities For each public work project subject to a Labor Compliance Program's enforcement of prevailing wage requirements, a separate, written summary of labor compliance activities and relevant facts pertaining to that particular project shall be maintained. This summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner. Attachment H "Suggested Single Project Labor Compliance Review and Enforcement Report Form" is the suggested format. SECTION V REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER If an investigation reveals that a willful violation of the Labor Code has occurred, the LCO will make a written report to the Labor Commissioner which shall include: (1) an audit consisting of a comparison of payroll records to the best available information as to the actual hours worked, (2) the classification of workers employed on the public works contract. Six (6) types of willful violations are reported: A. Failure to Comply with Prevailing_ Wage Rate Requirements Failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and City contracts) is determined a willful violation whenever less than the stipulated basic hourly rate is paid to tradesworkers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than stipulated. B. Falsification of Payroll Records, Misclassification of Work, and/or Failure to Accurately Report Hours of Work Falsification of payroll records and failure to accurately report hours of work is characterized by deliberate underreporting of hours of work; underreporting the headcount; stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly misclassifying the work performed by the worker; and any other deliberate and/or willful act which results in the falsification or inaccurate reporting of payroll records. C. Failure to Submit Certified Pavroll Records The contractors and subcontractors shall have ten (10) days upon notification by the LCO in which to comply with the requirement of submittal of weekly and/or to correct inaccuracies or omissions that have been detected. D. For Failure to Pay Fringe Benefits Fringe benefits are defined as the amounts stipulated for employer payments or trust fund contributions and are determined to be part of the required prevailing wage rate. Failure to pay or provide fringe benefits and/or make trust fund contributions on a timely basis is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not properly registered is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner, as a willful violation, upon completion of an investigation and audit. F. For the taking of Kickbacks Accepting or extracting kickbacks from employee wages under Labor Code Section 1778 constitutes a felony and may be prosecuted by the appropriate enforcement agency. SECTION VI ENFORCEMENT ACTION A. Duty of the Awarding Body The City of Santa Clarita, as the awarding body having an approved LCP, has a duty to the Director of the Department of Industrial Relations to enforce Labor Code Section 1720 et seq. and the procedural regulations of the Department of Industrial Relations in a manner consistent with the practice of the Labor Commissioner and DLSE and regulations found at Title 8, California Code Regulations, Section 16000 et seq. B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate 1. "Withhold" means to cease payments by the awarding body, its agents or others who pay on its behalf to the contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. "Contracts" except as otherwise provided by agreement, means only contracts under a single master contract, or contracts entered into as stages of a single project which may be the subject of withholding; 3. "Delinquent payroll records" means those not submitted on the basis set forth in the City Contract; 4. "Inadequate payroll records" are any one of the following: a. A record lacking the information required by Labor Code Section 1776; b. A record which contains all of the required information but is not certified, or is certified by someone not an agent of the contractor or subcontractor; c. A record remaining uncorrected for one payroll period, after the awarding body has given the contractor notice of inaccuracies detected by audit or record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of the entire certified weekly payroll in dollar value and do not affect more than half the persons listed as workers employed on that certified weekly payroll, as defined in Labor Code Section 1776 and Title 8 CCR Section 16401. Prompt correction will stop any duty to withhold if such inaccuracies are de minimus. The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The LCP shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Compliance Program has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. When contract payments are held under this section, the Labor Compliance Program shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance Program has exceeded its authority under this section. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436 of these regulations. C. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment or Other Violation Has Occurred "Withhold and "contracts" have the same meaning set forth in sections 16435(a) and 16435(b) of the California Code of Regulations. 2. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its right Under Labor Code Section 1720. 3. "Amount equal to the underpayment" is the total of the following determined by payroll review, audit, or admission of contractor or subcontractor: a. The difference between the amounts paid to workers and the correct General Prevailing Wage Rate of Per Diem Wages as defined in Labor Code Section 1773, and determined to be the prevailing rate due workers in such craft, classification or trade in which they were employed and the amounts paid; b. The difference between the amounts paid on behalf of workers and the correct amounts of Employer Payments, as defined in Labor Code Section 1773.1 and determined to be part of the prevailing rate costs of contractors due for employment of workers in such craft, classification, or trade in which they were employed and the amounts paid; c. Estimated amounts of "illegal taking of wages"; and d. Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor the California Apprenticeship Council; e. Estimated penalties under Labor Code Sections 1775, 1776 and 1813. 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 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. 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 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; Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor and subcontractor were given the opportunity to explain why there was no violation; or that 11 any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor's attention, and (B), the contractor and subcontractor either did not do so or failed to convince the Labor Compliance Program of its position; £ Where the City seeks not only amounts of wages but also a penalty as part of the forfeiture, and the contractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount, pursuant to Labor Code Section 1775(a); g. Where the City seeks only wages or a penalty less than $200 per calendar day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, the file should include the evidence as to the contractor or subcontractor's knowledge of its obligation, including the Program's communication to the contractor or subcontractor of the obligation in the bid invitations, at the pre job conference agenda and records, and any other notice given as part of the contracting process. Included with the file should be a statement similar to that described in subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section 1775(a); h. The previous record of the contractor and subcontractor in meeting their prevailing wage obligations; and i. Whether the Labor Compliance Program has been granted approval on only an interim or temporary basis under section 16425 and 16426 of the California Code of Regulations or whether it has been granted extended approval. 2. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741. 3. A copy of the recommended forfeiture and the file of report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner. The Labor Compliance Program may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those are clearly referenced in the file of report. The City may exclude from the documents served on the contractor/subcontractor or surety copies of documents secured from these parties during an audit, investigation, or meeting if those documents are clearly referenced in the file or report. 4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. The determination of the forfeiture by the Labor Commissioner is effective on the following date: For all Programs other than those having extended authority under section 16427 of the California Code of Regulations, on the date Labor Commissioner serves by first class mail on the City of Santa Clarita , on the contractor and on the subcontractor, if any an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner's approval, modification 12 or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture. F. Deposits of Penalties and Forfeitures Withheld 1. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture, or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the City shall deposit penalties and forfeitures into its General Fund. 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. All amounts recovered by suit brought by the Labor Commissioner, and to which the City of Santa Clarita is not a parry, shall be deposited in the General Fund of the State of California. 4. All wages and benefits which belong to a worker and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of court action pursuant to Labor Code Section 1775, and which have not been paid to the worker or irrevocably committed on the worker's behalf to a benefits fund, shall be deposited with the Labor Commissioner, who will deal with such wages and benefits in accordance with Labor Code Section 96.7. G. Debarment Policy It is the policy of the City that the public works prevailing wage requirements set forth in the California Labor Code, Section 1720-1861, be strictly enforced. In furtherance thereof, construction contractors and subcontractors found to be repeat violators of the California Labor Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise being awarded any public work contract, within the state of California, for the performance of construction and/or maintenance services for the period not to exceed three (3) years in duration. The duration of the debarment period shall depend upon the nature and severity of the labor code violations and any mitigating and/or aggravating factors, which may be presented at the hearing conducted by the Labor Commissioner for such purpose. SECTION VII A. Notice of Withholding of Contract Payments After determination of the amount of forfeiture by the Labor Commissioner, the City shall provide notice of withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The awarding body shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. A copy of the Notice of Withholding of Contract Payments (NWCP) to be utilized by the City is found as Attachment D to this document. 13 1. An affected contractor or subcontractor may obtain review of a NWCP under this chapter by transmitting a written request to the office of the Labor Compliance Officer ("LCO") that appears on the NCWP within 60 days after service of the NWCP. If no hearing is requested within 60 days after service of the NWCP, the NWCP shall become final. 2. Within ten days following the receipt of the request for review, the LCO shall transmit to the Office of the Director -Legal Unit the request for review and copies of the Notice of Withholding of Contract Payments, any audit summary that accompanied the notice, and a proof of service or other documents showing the name and address of any bonding company or surety that secures the payment of the wages covered by the notice. A copy of the required Notice of Transmittal to be utilized by the City is found as Attachment E to this document. 3. The City 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 parry on file with the LCO. Within 15 days of the issuance of the decision, the director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. The director has adopted regulations setting forth procedures for hearings under this subdivision. The regulations are found as Attachment G to this document. An affected contractor or subcontractor may obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the fmdings are not supported by the evidence, abuse of discretion is established if the court determines that the fmdings 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. [MIMI ITM I.► 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. Except in cases where the Labor Commissioner has intervened pursuant to subpart (1) above, the Labor Compliance Program shall have the authority to prosecute, settle, or seek the dismissal of an Notice of Withholding of Contract Payments issued pursuant to Labor Code Section 1771.6 and any review proceeding under Labor Code Section 1742, without any further need for approval by the Labor Commissioner. Whenever a Labor Compliance Program settles in whole or in part or seeks and obtains the dismissal of a Notice of Withholding of Contract Payments or a review proceeding under Labor Code Section 1742, the Labor Compliance Program shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. SECTION VIII PRIORITY DISTRIBUTION OF FORFEITED SUMS 1. Before making payments to the contractor of money due under a contract for public work, the City shall withhold and retain therefrom all amounts required to satisfy the NWCP. The amounts required to satisfy the NWCP shall not be disbursed by the City until receipt of a final order that is no longer subject to judicial review. 2. Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the City shall not disburse any contract payments withheld. From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers employed on the public works project who are paid less than the prevailing wage rate shall have PRIORITY over all Stop Notices filed against the prime contractor. 4. Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Fund and held in trust for the workers pursuant to Labor Code Section 96.7. Penalties shall be paid into the General Fund of the City that has enforced this chapter pursuant to Labor Code Section 1771.7. 15 SECTION IX 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. The Labor Compliance Program shall provide ongoing management in -servicing and workshops for Facilities, Business, Accounting and legal staff relative to the terms, requirements and administration of the Labor Compliance Program. SECTION X ANNUAL REPORTS A. Annual Report on Prevailing Wage Monitoring to the City Council The Labor Compliance Program Officer shall submit to the Director an annual report on its operation within 60 days after the close of its annual reporting period. For purposes of this section, the annual reporting period shall be deemed to commence on July 1 and shall conclude on June 30 of the fiscal year. Annual Reports are due to the Department of Industrial Relations by no later than August 31 and shall be completed on form LCP-AR2. Information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluation the scope and level of enforcement activity of the Labor Compliance Program. An annual report shall also include such additional information as the Labor Compliance Program may be required to report as a condition of its approval. ATTACHMENT A CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM CHECKLIST OF LABOR LAW REQUIREMENTS FOR REVIEW AT JOB START MEETINGS The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following: 1. Payment of Prevailing Wage Rates The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; 2. Apprentices The contractor's duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); 3. Penalties The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1771.1 1777.7 and 1813;. 4. Certified Payroll Records The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their portion of the work is less than one half of one percent of the total amount of the contract. Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day and each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project. Employee payroll records shall further be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request pursuant to Labor Code Section 1776. The final certified payroll record submitted by the contractor and subcontractors shall be marked "final." Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the Certified Payroll Record shall be annotated "No Work" for that week. 5. Nondiscrimination in Employment The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6. Kickback Prohibited 17 The prohibition against recapturing wages illegally or extracting kickback from employee's wages under Labor Code Section 1778; 7. Acceptance of Fees Prohibited The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8. Listing of Subcontractors The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9. Proper Licensing The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10. Unfair Competition Prohibited The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11. Workers' Compensation Insurance The requirement that the contractor and subcontractor be properly insured for Workers' Compensation under Labor Code Section 1861); 12. OSHA The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13. Undocumented Workers The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14. Itemized Wage Statements The requirements to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). Date Name of person signing and company 18 ATTACHMENT B CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE LABOR COMPLIANCE PROGRAM AUDIT RECORD WORKSHEETS (For Use with Title 8 CCR Section 16432 Audits) •Public Works Investigation Worksheet •Public Works Audit Worksheet •Prevailing Wage Determination Summary 19 C1avApufion Code I I I i j j I ( 11 U I I I m l U II 20 p � $ 3 a �p W ro 4 f � W. of Mola[iom ! i a � F of Wat ens j No. m on ¢ iv � � F I a j 3 z w a p x � F a8� Y Q � I FF k G r _ I � 10- p O O'p p 4 A p Vi O N p,p p o Iri Q o. i a C7 a a a � C1avApufion Code I I I i j j I ( 11 U I I I m l U II 20 21 #§ ) \ / 62 o z 7 w ) §) /2 )\ . «� (® �) \| . \( ; k 2 \ \\ � §oil | §P k� /\ ) kZR � � §} ƒk ) . | 2 }2 21 W 3 Pia ATTACHMENT C Labor Compliance Program Regulations (referred to as Appendix D) 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): tow aell I K"WIM11 C ►l : 1 ► Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3.CONTRACTOR INFORMATION: Name and address of Affected Contractor: I Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 23 4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Due: Total Penalties Due: Potential Liquidated Damages [Wages + Training Funds] : LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other: Due: [Provide narrative summaries covering the following]: A.Statement of Issues. B.Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc.). C.Audit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations; summary of their response with respect to violations and penalty issues; and any other information considered in determining recommended penalties). E.RRecommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s). ATTACHMENTS 1. Audit Summary (Appendix B) 2. let Bid Advertisement Publication 3. Notice of Completion 4. Scope of Work 5. Complaint form(s) and Declarations, if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. 24 ATTACHMENT D-1 [Name and Contact Information for person issuing Notice] Work performed in County of: Date: Case or Contract No.: NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body: Work performed in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code § 1771.5(b)(5) and 8 CCR § 16435, contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: ❑The following payroll records are delinquent (specify weeks and due dates): ❑ The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR §16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information, including appeal rights. Labor Compliance Officer 25 Prime Contractor Obligations:If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor's payroll records, you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review — Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code § 1742. The only issue in any such review proceeding is whether the specified payroll records are in fact delinquent or inadequate within the meaning of 8 CCR §16435 or whether the Labor Compliance Program has exceeded its authority under 8 CCR §16435. To obtain an expedited hearing, a written request must be transmitted to the bnth the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations, as follows: [Name of Labor Compliance Officer, address, and fax number] Office of the Director — Legal Unit Attention: Lead Hearing Officer Expedited Hearing Request Fax to: (415) 703-4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment. The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. Important Additional Information: This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of liability for wages or penalties under Labor Code §§ 1775 and 1776 or any other statute. Contract payments cannot continue to be withheld pursuant to this notice, once the required records have been produced. However, the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if, upon investigation, a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and may also have additional rights or remedies under the public works contract. M01 ATTACHMENT D-2 Labor Compliance Program (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Withholding of Contract Payments Awarding Body Work Performed in County of Project Name Project No. Prime Contractor Subcontractor After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above- named public works project, the Labor Compliance Program for (A Labor Compliance Program) has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance with Labor Code Sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: The Labor Compliance Program has determined that the total amount of wages due is: $ The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code Sections 1775 and 1813is: $ The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code Section 1776 is: LABOR COMPLIANCE PROGRAM MA Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code Sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program Review Office Notice of Withholding of Contract Payments A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code Section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code Section 1743. In accordance with Labor Code Section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) 2 Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1 (b), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding the notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60 -day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60 -day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to at the following address: Liquidated Damages In accordance with Labor Code Section 1742.1, after 60 days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If the notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages. Notwithstanding the above, in accordance with Labor Code 1742.1 (b), there shall be no liability for liquidated damages if the full amount found due in this Notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of this Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. In lieu of a cash deposit, the contractor may post an undertaking with the Department in full amount of the Notice of Withholding of Contract Payments. The undertaking shall be on the condition that if any decision is issued by the Director upholding this Notice in any respect the contractor shall pay the amount owed pursuant to a decision that is final under Labor Code Section 1742, unless the parties have executed a settlement agreement for the payment of some other amount in which case the contractor shall pay the amount that the contractor is obligated to pay under the terms of the settlement agreement. The undertaking must provide that if the contractor fails to pay the amount owed within 10 days of the date the decision is final or the execution of the settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount exceeds the undertaking is forfeited to the Labor Commissioner for the State of California for the purpose of satisfying the amounts owed under this Notice. A payment bond obtained by a contractor for the public works project which is the subject to this Notice shall not be accepted as an undertaking unless the following two conditions are completely satisfied: (1) the payment bond provides the payment of the full amount of this Notice, including but not limited to, all wages, training, trust contributions, and penalties, and (2) the conditions of payment set forth above are expressly agreed to by the affected contractor(s) and the surety which issued the payment bond. The undertaking should be forwarded to the Department as directed below. The Department's Accounting Office will hold the undertaking until the administrative and judicial review is completed. The disbursement of the bond funds will follow the same process as described above for a cash deposit. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Notice of Withhold Contract Payments and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 2 The Amount of Liquidated Damages Available Under this Notice is $ Distribution: Prime Contractor Subcontractor Surety(s) on Bond Attach: Audit Summary Proof of Service ATTACHMENT E LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Transmittal To:Department of Industrial Relations Office of the Director -Legal Unit Attention: Lead Hearing Officer P. O. Box 420603 San Francisco, CA 94142-0603 Enclosed herewith please find a Request for Review, dated postmarked and received by this office on Also enclosed please find the following: Copy of Notice of Withholding of Contract Payments Copy of Audit Summary LABOR COMPLIANCE PROGRAM cc:Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations Sections 17201-17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with Section 11500. 3 ATTACHMENT F LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) TO:Prime Contractor Subcontractor Please be advised that this office has received your Request for Review, dated and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. In accordance with Labor Code Section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said party's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code Section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: Attention: Request to Review Evidence To From Regarding Notice of Withholding of Contract Payments Dated Our Case No.: The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. Phone No.: Fax No.: 3 ATTACHMENT G PREVAILING WAGE HEARING REGULATIONS SEE CALIFORNIA CODE OF REGULATIONS TITLE 8, CHAPTER 8, SUBCHAPTER 6 (SECTIONS 17201 through 17270) 3 1.,%0 VETO soQAIBich 8soI Suggested Single Project Labor Compliance Review and Enforcement Report Form [Appendix (following S CCR §16434] .Awarding Body: Project Name.- Name ame: Name of Approved Labor Compliance Program.- Bid rogram: Bid Advertisement Tate: Acceptance Date: Notice of Completion Recordation Date: Summary of Labor Compliance Activities 1. Contract Documents Containing Prevailing Wage Requirements (Identify) 2. Prejob Conference(s) -- Attach list(s) of attendees and dates 3. Notification to Project Workers of Labor Compliance Program's Contact Person. (Explain Manner of Notification for each project work site.) 4. Certified Payroll Rccord Review CPRS Received From: Contractor/Subcontractor For weeks ending. ("w/c") through wlc 3 b. Classifications identified in CPRS and applicable Prevailing Wage Determinations Classification Determination No. 5. Further investigation or audit due to CPR review, infonna tion. or complaint from worker or other interested person, or ether reason - a. Independent Confirmation of CPR Data Worker Interviews Reconciled CPRS with Pay- Contractor'Subcontractor _(YeS'"O) checks or Stubs (Yes./No) b. Lmployer Payments (Health & Welfare, Pension, Vacation'l Ioliday) Confirmation Recipients of Written confirmation Contractor'Subcontractor Employer Payments Obtained (Yes,'TNo) C. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Recipients of Written confirmation Contraolor'Subcontractor Contributions Obtained (Y&No) 3 d. Additional Wage Payments or Training Fund Contributions Resulting from Review of C:PRs Additional amounts Additional Expla- Contractor/Subcontraclor Paid to Workers Trainin€r Fund nation e t Use separate page(s) for explanation & Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Resolution or Complainant Datc Received CCurront Status 4. *Use separate pagc(s) to explain resolution or current status 7. Requests for Approval ofForfeiturc to I.ahor Commissioner Contractor/Subeontraclor Date ofRequesl Approved/Modified/Denied 8. Litigation Pending Under Labor Code Section 1742 Conlractor/Subcontractor DIR Case Number 9. (Check one): final report tWs project Annual report this project Authorised Representative for Lahor Compliance Program 3 Section III CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Implementation Plan Section III IMPLEMENTATION PLAN • Labor Compliance Officer or designee receives construction contract awards/work schedules from the Parks, Recreation and Community Services, Field Services and Engineering Departments. • Labor Compliance Officer prepares and electronically issues project specific DAS 13/PW-100 form to the Department of Industrial Relations • Labor Compliance Officer or designee participates in job -start meeting. • Labor Compliance Officer provides site monitors with work schedules. • Site monitors, both City employees and others, conduct interviews and return interview sheets to Labor Compliance Officer. • Labor Compliance Officer or designee enters information from interviews into database. • Labor Compliance Officer or designee verifies information from certified payroll records. • Labor Compliance Officer notifies contractor in writing of any discrepancies with certified payroll records. • If clarification/correction is not received from the contractor within 10 days, Labor Compliance Officer will commence an investigation. • Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. • Labor Compliance Officer prepares and submits public works violation reports to Labor Commissioner as required. • Labor Compliance Officer communicates on a regular basis with contractors, workers, building and trade organizations, and other community entities and in-service management to City personnel. • Labor Compliance Officer prepares and submits annual program reports to the Santa Clarita City Council, and the Director of the Department of Industrial Relations. • Labor Compliance Officer manages all facets and is the primary contact for the City's Labor Compliance Program. • Labor Compliance Officer provides non -City site monitors with site visitation training and assigns projects when applicable. 10 Section IV CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Operational Manual SECTION IV OPERATION MANUAL Site Visitations Representatives of the Labor Compliance Program shall conduct in-person inspections at the site or sites at which the contract for public work is being performed ("On -Site Visits" ). On -Site Visits may be undertaken randomly or as deemed necessary by the Labor Compliance Program. but shall be undertaken during each week that workers are present at sites at which the contract for public work is being performed. All On -Site Visits shall include visual inspection of (1) the coUy of the determinations of the Director of Industrial Relations of the prevailing wage rate of per diem wages repaired to be posted at each job site in compliance with Labor Code Section 1773.2. and (2) the Notice of Labor Compliance Program Annroval required to be posted at the job site in accordance with Section 16429 of the of the California Code of Regulations. listing a telephone number to call for innuiries. uestions. or assistance with regard to the Labor Compliance Program, On -Site Visits may include other activities deemed necessary by the Labor Compliance Program to independently corroborate prevailing wage payments reported on navroll records furnished by contractors and subcontractors. 1. Safety is the paramount factor for any site visit to any City of Santa Clarita construction projects. Do not enter any area that appears unsafe. Site monitor is expected to exercise reasonable caution at all times. 2. All authorized personnel visiting any City of Santa Clarita construction site are required to be properly identified as a City representative by wearing visible picture ID's (badge), or identifying themselves as such. Additionally, all authorized personnel are required to wear hard hats and safety shoes. 3. Authorized personnel shall visit all sites on a non-interference basis and take a minimum amount of the workers' time for interview purposes. 4. Upon arrival at a site, the site monitor will check in at the site superintendent's (contractor's) trailer prior to any interviewing. In the event there is not a construction trailer, you will check in at the site's administrative office. Identify yourself and state the purpose of the visit. Sign in if required to do so. If the site superintendent cites some reason that denies access to the site, promptly and politely remove yourself. Make a note of this occurrence and include in your report to the LCO. Check to see that the following are displayed in the contractor's trailer: • Prevailing wage Determinations are posted • Notice of Labor Compliance Program Approval • Sign -in Log • Listing of subcontractors on site If any of these items are not readily visible, remind the contractor that these postings are part of the contractual requirements. On subsequent visits, make sure that these items are posted, or the contractor will be found to be in noncompliance. 6. There will be times when the site superintendent is somewhere on the site and/or there is no contractor present in the trailer. You should check in at the City's Inspector of Record (IOR) trailer. The IOR will also be able to tell you which contractors are on the site at that time. If all trailers are empty or locked, try to locate the site superintendent or IOR on the site prior to commencing interviewing. 0 Once you have checked in with the site superintendent and obtain access to the site, try to locate tradespersons working in clusters. For instance, several painters, electricians, roofers, etc. working in one area. Approach the workers individually in a non -threatening, professional manner. Identify yourself, indicate that you are City's representative, and that you need only a few seconds of their time to ask some very generic questions to ensure that they are receiving the proper rate of pay for the type of work they are doing. Again, do not endanger yours or any tradesperson's safety in conducting these interviews. Do not insist that someone on a scaffold 40 feet in the air come down for an interview. Do not ask anyone to form a line until you can get to them; allow them to continue working until you can get to them individually. These interviews are random; two or three tradespersons for each subcontractor are more than sufficient for one visit. Any persons missed are usually picked up on the next visit. If only one tradesperson is at the site, then interview that person if possible. If you are told that the rest of the crew will be there in an hour, do not wait, unless your total site interviewing will take that length of time. Thirty minutes of interviewing per site is typically sufficient, depending upon the site size and/or number of subcontractors present. Contractor tradesperson should also be interviewed. 2. Using the Labor Compliance Site Visitation Interview form, ask each person the following: name, social security number, employer, title (trade), rate of pay, and task being performed at the time of interview. Should someone decline to speak with you, respect those wishes. If someone asks if this is union -related, tell them no. The City of Santa Clarita works with both open and closed shop trades. 4. If you try to interview someone who does not speak English and you cannot communicate in the appropriate language, try to locate a coworker who can interpret for you. If you find an entire crew unable to speak English and no interpreter, include this in your report to the LCO. 5. If someone refuses to disclose his social security number to you, respect those wishes. However, assure that person that all information given is kept strictly confidential. If someone does not know their rate of pay (most tradespersons don't know), ask for a guesstimate. If the response is, "whatever prevailing wage is", so indicate on the form. 7. If someone indicates that he is an apprentice, make sure that you ask him what period. These can be anywhere from 1St to 10"'. If he's not sure, ask him how many years he's been apprenticed in the specific trade and/or to guesstimate and so indicate on the interview form. 8. ALWAYS thank them for their time. 9. Keep in mind that you are there to collect information only, do not tell them how to do their jobs. Should you witness what you consider a potentially unsafe or unwarranted condition, you are to contact the site inspector or job superintendent of your findings immediately and make a note on your site visitation log of what you observed. Upon your return to the office, report your fmdings to the LCO. 1. All original interview forms shall be submitted to the LCO no later than the end of each workweek. 0 Section V CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Procedures SECTION V PROCEDURES Certified Pavroll Verification Procedures 1. The Parks, Recreation and Community Services, Field Services and Engineering Departments will provide the Labor Compliance Officer with construction work schedules. 2. Upon receipt of weekly certified payroll reports from general/subcontractors, compare information from the Labor Compliance visitation log to the contractors certified payroll and the prevailing wage schedule. 3. Compare name and social security number with trade classification listed. 4. Ensure prevailing wage listed is correct for the classification listed using the prevailing wage schedule 5. Check for employment of apprentices, correct rate of pay, and proper ratio to journey workers. 6. Contact the contractor in writing and send by certified mail any inaccuracies in the verification of its certified payroll. 7. If clarification/correction is not received within ten (10) days from the contractor, the Labor Compliance Officer will commence an investigation. 8. Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. 9. Retain all original interview forms and annotate the database as applicable. Site Monitor Procedures 1. Receive construction site work schedule from Labor Compliance Officer. 2. Check in with site administrative office/site superintendent 3. Utilizing the Labor Compliance Site Visitation Interview form conduct interviews with workers. 4. Note on your form any infractions you may observe while conducting the interview. 5. Return interview form to the Labor Compliance Officer. 6. Report any infractions you observed to the Labor Compliance Officer. 0 Section VI CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Forms PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. W you are not approved to train,you must send the information (which maybe this form) to ALL applicable Apprenticeship committees in your craft or trade in the area of the site of the public work. Go to:hftp:/ANww.dir.ca.gov/das/PublicWorl<.sFormshtmfor information about programs h your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number maybe found nyour local directory under California,State of, Industrial Relations. Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. .AME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MIIIUNGI\CORESS NI_IMIER &STREETJTYZJPCOOE AAEA CODE &TELEPHOI-E NO NAM :& AOORESS OF POO IC WORKS PRO ECT I)AT(YOI.R COINTAACTEI<ECUTI:D D'ITE <aF EI<PECTED ORACNAL START OFPROJECT NAW&ADDRESS CA' PUIIUCA<'ENCY AWARDNGCONTRACT ESTIMITEO NUMJER <aF JOURIEYNEN HOUR OCCUPAI IONOFAPPRENnCE TI-ISFOIMBBi:.IIIGSY:.NF-O.(NAM:.&ADDRESSOt-PPPREN rtO SHIPROGRAM(S)) i:.STMAIED NUMBi: JOt- APPRi: N10. HOURS APR\OXIM\TE DAfES 10EE EPLO'IED This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230. 1(a) California Code of Regulations Check One Of The Boxes Below 1. D We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train undertheirstandards. Enter name of the Committee 2. D We will comply with the standards of Apprenticeship Comm ittee forthe duration of thisjob only Enter name of the Committee 3 O WewillemployandtrainapprenticesinaccordancewiththeGaliforniaApprenticeshipCouncilregulations, including §230.1 (c)wh ich requires that apprentices employed on public projects can only be assigned to performwork of the craft or trade to which the apprentice is registered and that the apprentices must at all times workwith orunderthe direct su pery ision of journeyman/men. Signature Date Typed Name Title State of California -Department of Industrial Relat ions DIVISION OAS 140(Rev 1A)4) OF APPRENTICESHI P STANDARDS Q Department of Industrial Relations P.O. Bo 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check, payable to the California Apprenticeship Council, may be submitted for all jobsites and/or occupations. Training fund contributions are not accepted by the California Apprentice Council for federal public works projects, or for non-apprenticable occupations such as laborers, utility technicians, teamsters, etc. TRAINING FUND CONTRIBUTIONS California Apprenticeship Council Name and Address of Contractor/Subcontractor making Contribution Contractor's License Number Contract or Project Number Name and Address of Public Agency Awarding Contract Jobsite Location (Including County) Period Covered by Contribution Signature (Date Title (Area Code & Telephone Number CAC 2 0 CITY OF SANTA CLARITA CONTRACTOR FRINGE BENEFIT STATEMENT Contract Number / Name: r ontract Location: Today's Date: contractor i 5uDcontractor Name: Business Address: In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below. Classification: Effective Date: Subsistence or Travel Pay: assification: (Effective Date Health & $ PAID TO: Name: Welfare Address: U)_ Pension $ PAID TO: Name: LL LU Address: z LU Vacation/ $ PAID TO: Name: M $ PAID TO: Name: LU Holiday Address: CD Holiday Address: z Training $ PAID TO: Name: LL and/or Other $ PAID TO: Address: assification: (Effective Date Rication: (Effective Date Health & $ PAID TO: Name: Welfare Address: U)_ Pension $ PAID TO: Name: LL Address: w LU Vacation/ $ PAID TO: Name: mVacation/ $ PAID TO: Name: LU Holiday Address: w Holiday Address: CD Training $ PAID TO: Name: z Training $ PAID TO: Name: LL And/or Other Address: Rication: (Effective Date Subsistence or Travel Pay: snce or Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. Submitted: Contractor / Subcontractor 4 Name / Title Health & $ PAID TO: Name: Welfare Address: Pension $ PAID TO: Name: LL w Address: z LU Vacation/ $ PAID TO: Name: M LU Holiday Address: z Training $ PAID TO: Name: LL And/or Other Address: Subsistence or Travel Pay: snce or Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. Submitted: Contractor / Subcontractor 4 Name / Title � Q E O U 0) C D Q J U CO Q Q J U o `O Z U U Q m m U) c O O 0 0� a) Cl) E O 0., Z C O m U Y O O O C m U U� E _ Z Q E m U Z a) U) Cl) m m T U O cn E LU p � a C 0 a O N 0 N L C'4 0 0 3 Li < U o p N o � U cn ° -a cs � a) O r w W O O a) C m o www � �w c C (6 w O a) U) E U a) U O) C m O L U) O O m m O i�U j U) u o 0 m m m U) D- U = E cr O O E L H E a � � 0 '2 U O 1 u a 3 N a Y c O N N 0') = Eo >) � 3Q >. Q = U a) Q6 O Noc m U) L .� U u a U) O � Q E O U 0) C D Q J U CO Q Q J U o `O Z U U Q m m U) c O O 0 0� a) Cl) E O 0., Z C O m U Y O O O C m U U� E _ Z Q E m U Z a) U) Cl) m m T U O cn E LU I�O—Occ 'a _ a) p U) C U) C U O E N L N 0 3 Li < U o p C/) M � U cn � a) V N L LL O � O -O C C O O � 000 N Y U) l� U a) U O) C m L C O -O O O m j U a) fi O a) m CD M O cr O W L H � � 0 U � co Y c j � 3Q U I�O—Occ 'a _ a) p U U) C U U�co E N L N o Li < U o p C/) � U cn � U V � LL O � O -O C C i r N rn a) C) 7 Co C y> coL E _Q U L LO Co C co - U co co LO LO o0 r2 (6 m U) 0 Y E a) L � Li < o N >a) U cn O U U � LL O � O -O C C i N m LL A O = L C O -O O O m � N E CD M Y W U co 0 j O U /i Qa) O Noc m O O .O o0 r2 (6 m M 0 Y E a) L � Li < >a) U cn U � LL O � O -O C C i O m LL A O = m C O m � a o0 M 2 LO LO LO LO rn a) Q U N U) W a) L 2 U C N co Co — C - U) Cn rn rn LO LO LO 7 �I C � .� OI O O Z) o a) (6 O N C O U O .Q O O U -O U C a) m O O 0)(f) U C a) -O � C � � m J - _ U 0- <E2 ate E ) E O m C U) (6 0- C � O 0 � O _0 s o � C n m m O).— O Q a) U O O O T C E � o .o o j 7 m U a) +� O O m a) L O Y U a) s U U a) O U m U a) 0 C O U C o m O O ?� -0 T- C T > O m a) C E E -0 a) Z) U) E w � � N m c co _0 O m Z) o m 0 O O U � U a O O O m C) m E co m� m °) m 0 C U � s m r2 (6 m M U) L � co U cn U � LL O � LL A M 2 LO LO LO LO rn a) Q U N U) W a) L 2 U C N co Co — C - U) Cn rn rn LO LO LO 7 �I C � .� OI O O Z) o a) (6 O N C O U O .Q O O U -O U C a) m O O 0)(f) U C a) -O � C � � m J - _ U 0- <E2 ate E ) E O m C U) (6 0- C � O 0 � O _0 s o � C n m m O).— O Q a) U O O O T C E � o .o o j 7 m U a) +� O O m a) L O Y U a) s U U a) O U m U a) 0 C O U C o m O O ?� -0 T- C T > O m a) C E E -0 a) Z) U) E w � � N m c co _0 O m Z) o m 0 O O U � U a O O O m C) m E co m� m °) m 0 C U � s m O cc a ry O Q F O U co af O N N a E U E z O F Q U LL F w W U :co N Q -0 it' N N ami a❑i � C O N N a L � w U cc c x N O C N O w N L � r N 3 T c al E T ILN Q N w O a) a C N (0 � w E O w .r— O m cE U Q7 C a toO U cm a 3 w a t T Q LU W F U t0 N m Y N ❑ E m mr co c%J O II p II 0 co 0 co O 3 E cc N c .rn C w O T m CL O N U .L.. � U c'Q UN a O L U a L cc 3 ww to w Co o�' .w - O O � N O L E w E o c a) C U N w cccm N L ca w cc Q O c E w CN O O C c — w a w U N L � c c o - :N `O o m Z 46 "O cm C =0 .N c c w 0 U O c E O O a w 0 > E w d co � L O 0 d N Y L_ U N w L N U C" L O w U N O U w `O "O T O 3 U � T C w E E� N cc Z o_ N `o 0 m T � Co U c m CL w `O a c N w a r U w w U m m U) Y w0 S Z U OOY LL W W w Q Za- z w z d w z ww O °� J 0 0 55 0 0 F Z W a F U O D ~ w m F U O> U U U O a � � z 0 Z w w w w w w O x O ❑ 2 u7 al al o a a w w z 0 O Z Q Q O ] 2 z Q O ] 2 z O 2 O 2 a a U) z O F ao Z) o > m o m m m F y F y y y of F Z O U a s w a w DA cn z O U ❑ U U U ~ Z) U w Z d U w Z w O ❑ W — UW LL O LL❑ — U❑ LL O 'i ¢ U O O ¢ U O O r � v v V � U J w d ❑ LL z w¢ z FZ O U � F LL F F F L w Z w w z F J U FF J U J U F U U p 0 �W J W Q J W a J W a W ❑ w U � O d 0 a 0 a O a �Q W Cf) D Z W 0 O W Y o C7 = F = W F0 = W W cwn a a a a J i W � �Qa owo S J U% Q 00 F S O z 0 z W Y W ❑ W Ip W 0 LL ❑ ° y `p S O 0 0 0 O 0 O 0 0 zz F U J M Of O LL J O d 0 w9:9-00 �z _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ �SOJ❑ —z0 N >> F "ZO .O LL> S w w m ❑2 <DW Z W co> W F O w�a 0 W W W C') LL 2Q0 z0 co N N a E U E z O F Q U LL F w W U :co N Q -0 it' N N ami a❑i � C O N N a L � w U cc c x N O C N O w N L � r N 3 T c al E T ILN Q N w O a) a C N (0 � w E O w .r— O m cE U Q7 C a toO U cm a 3 w a t T Q LU W F U t0 N m Y N ❑ E m mr co c%J O II p II 0 co 0 co O 3 E cc N c .rn C w O T m CL O N U .L.. � U c'Q UN a O L U a L cc 3 ww to w Co o�' .w - O O � N O L E w E o c a) C U N w cccm N L ca w cc Q O c E w CN O O C c — w a w U N L � c c o - :N `O o m Z 46 "O cm C =0 .N c c w 0 U O c E O O a w 0 > E w d co � L O 0 d N Y L_ U N w L N U C" L O w U N O U w `O "O T O 3 U � T C w E E� N cc Z o_ N `o 0 m T � Co U c m CL w `O a c N w a r U w w U m m U) GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #CARPENTER DETERMINATION: SD -23-31-4-2000-1 ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: June 30,2000* *The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415)703-4774. LOCALITY: All localities within Contra Costa County Employer Payments Straight -Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily Saturdays Sunday (JOURNEYPERSON) Hourly and Holiday Hourly and Rate Welfare Rate 11/2X 11/2X Holiday ENGINEERING CONSTRUCTION Carpenter (Heavy and Highway work) $25.25 2.30 1.01 2.72b .30 8 31.58 44.205 44.205 56.83 Light Commercial 20.40 2.30 1.01 2.72 b .30 8 26.73 36.93 36.93 47.13 Bridge Carpenter (Highway work) 25.38 2.30 1.01 2.72b .30 8 31.71 44. 44.40 57.09 Millwright 25.75 2.30 1.01 2.72 b .30 8 32.08 .955 44.955 57.83 Pile Driver 25.38 2.30 1.01 2.72 b .30 8 31.71 44.40 44.40 57.09 Diver, Wet (up to 50 ft. depth)cd 55.76 2.30 1.01 2.72 b .30 8 62.09 89. 89 97 117.85 /� Diver, Standby 28.38 2.30 1.01 2.72 b .30 C 8 \ 34.71 48.90 48 63.09 Diver's Tender 27.3 8 2.30 1.01 2.72 b .30 8 33.71 47.40 47.40 61.09 ` \ DETERMINATION: SD -23-31-4-2000-1A ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: July 1, 2000* *The rate to be psi wo perfo ed a er this ate sheen ermined. w rk will extend past this date, the new rate must be paid and should be incorporated in contracts entered into n w. Contac the ivision of Lab Statistics d Rese for specific rates at (415)703-4774. LOCALITY: All localities within Santa Clarita County BUILDING CONSTRUCTION Carpenter $23.402.30 1. 2. 7 .30 8 29.18 40.88 40.88 52.58 Light Commercial 18.72 0 1.0 2.1 b 0 8 24.50 33.86 33.86 43.22 DETERMINA7 ISSUE DATE: EXPIRATION the Division of Lab LOCALITY: 7 Classification (Journeyperson) Rate Terrazzo Installer $29.55 Terrazzo Finisher 23.05 Ma3 0\Efv unuperseded by a new determination issued by the Director of Industrial Relations. Contact 74fe n 'es after 10 days from the expiration date, if no subsequent determination is issued. Employer Payments Straight -Time Overtime Hourly Rate Health Pension Vacation/ Training Hours Total Daily Saturday Sunday and Holiday Hourly and Welfare Rate 11/2X 11/2X Holiday 2.30 1.01 1.72 b 2.30 1.01 1.72 b 34.58 49.355 49.355 64.13 28.08 39.605 39.605 51.13 # Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. a Saturday in the same workweek may be worked at straight -time rate for the first 8 hours if the employee was unable to complete the 40 hours during the normal workweek. b Includes supplemental dues. � Shall receive a minimum of 8 hours pay for any day or part thereof dFor specific rates over 50 ft. depth, contact the Division of Labor Statistics and Research. DESCRIPTION: Engineering Construction Refers to construction which requires a Class A license and includes bridges, highways, dams and also power plants and other heavy industrial type projects. Building Construction Requires a Class B license and includes non-residential buildings (such as hospitals, government buildings, public schools) and commercial buildings (with the exception of industrial buildings). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at hl!p://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415)703-4774. CITY OF SANTA CLARITA LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA SITE NAME: SITIO: PROJECT NAME: DATE FECHA: CONTRACT #: Interior/ Exterior (circle) CONTRACTOR: CONTRANTE: SUBCONTRACTOR: SUBCONTRATANTE Person Interviewed: Nombre de Persona Entrevistada S/S Number Numero de Seguro Social Position Title: Possion 0 Titulo del Entrevistado Task Being Performed at Time of This Interview: Clase de Labor Desenpenando al Tiempo de Entrevista Hourly Pay Rate: $ Salario Horario OBSERVATIONS: Site Inspector: Telephone Project Superintendent: Telephone Total number of workers observed on the visit: Type of work observed: Type of workers observed: Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Yes No Explain additional information received from the worker: Interview Conducted by: O J Z O F- F - LU Hw F - F5 CITY OF SANTA CLARITA July 21, 2000 Mr. John Doe ACME Painting 13414 Labor Street Los Angeles, CA 90605 Dear Mr. Doe: Certified Mail offlgwgo The City of Santa Clarita has identified your firm as the apparent low bidder for Contract 990-225 Portable Contract Moving Services and has scheduled board approval of a contract requiring your compliance with Division 2 Part 7 of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the certified weekly payroll to the LCO. The Labor Code requires, prior to the start of work, that a person qualified to certify documents for your firm attend a review meeting with the awarding body concerning the Labor Code prevailing wage laws. The LCO is formally requesting the appearance of the certifying person for the code review, the submittal of the required weekly certified payroll records or nonperformance reports, and the monthly submittal of employment utilization reports, all identified in the contract general conditions. This request is made pursuant to, and authorized by, California State Labor Code Section 1776(b) (2), which states, "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations" and California Code of Regulations Section 16430 (a) (2). The goal of the LCO is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Santa Clarita's Labor Compliance Officer at (661) 2864025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA July 27, 2000 Certified Mail Jane Doe offlo gg ACME Flooring Ll`` 8320 Camino Santa Fe Santa Clarita, CA 92121 U oz � ��LTD L�9&&(PLT Dear Ms. Doe: The City of Santa Clarita has awarded your firm a contract requiring your compliance with Part 7, chapter 1 of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the weekly payroll to the City's Labor Compliance Officer. The Labor Code requires, prior to the start of work, that a person qualified to sign and certify for your firm attend a review with the awarding body of the Labor Code prevailing wage laws. The Labor Compliance Officer goal is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Santa Clarita's Labor Compliance Officer at (661) 2864025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA March 23, 2000 John Doe ACME Construction Co. 3170 Labor Street Vista, CA 92083-8318 Mr. Doe: Certified Mail offlm g The City of Santa Clarita's Labor Compliance Officer is formally requesting copies of Certified Payroll Records and Monthly Utilization Reports for the modernization of Cubberly, Jones and Fletcher schools. We are requesting the records from the beginning of the project through project completion for your firm and all subcontractors. This request is made pursuant to, and authorized by, California State Labor Code Section 1776 (b) (2) and Section 1776 (g) (3) and the contract general conditions requiring weekly employee payments and weekly certified payroll submittals. Labor Code Section 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations." Labor Code 1776 (g) (3) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated." Please forward all weekly Certified Payroll Records and Monthly Utilization Reports and state approved forms previously provided to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. Respectfully, Harry Corder Labor Compliance Officer Prime Contractor: Project: Original Request: 02/08/00 This Request: 02/08/00 1. Monthly Utilization Forms must be provided for: 2. Apprenticeship Training Agreement (similar to Form DAS 1) must be provided for: 3. Apprenticeship Training Agreement (similar to Form DAS 7) must be provided for: 4. Training Fund Contributions (Form CAC 2 or equivalent) must be provided for: 5. Public Works Contract Award Information (Form DAS 140) with the name, address and phone number of the training program notified by all project contractors must be provided for: 6. Fringe Benefits Statements must be provided for: 7. Signed certified Payroll report or statement of Non -Performance with original signatures must be provided for: contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package, which must be in the City's Labor Compliance Officer within one week of each weeklyUavcheck. In the event there has been no work performed during a given week, the certified payroll record shall be annotated with the words "No Work" for that week. 8. To determine the required hours for apprentices on this project we will need the contractor to Identify all sub -contractors who will perform work in involving less than $30,000 or who will be on the project less than 20 calendar days or both. 9. Either the Public Works Payroll Reporting Form (Form A-1-131) or the City of Santa Clarita reporting form must be used. Mssing►vcumer MA CITY OF SANTA CLARITA March 1, 2000 Mr. Doe ACME Construction Co. 115 Market Place, Suite A Los Angeles, CA 92029-1353 Dear Mr. Doe: Certified Mail &Mpg@ (!�O a V"Vwu �@@ffwm mw a The City of Santa Clarita's Labor Compliance Officer has formally requested copies of Certified Payroll Records and Monthly Utilization Reports for Bid Project Portable Contract 82 - Phase 2. We have reviewed your submittal and require additional information. This new request is made pursuant to, and authorized by, California State Labor Code Sections 1774, 1775, 1776, 1777.5, 1777.7, 1810, 1813 and 1815. Additionally, the contract general conditions require weekly certified payroll record submittals to the City of Santa Clarita's Labor Compliance Officer and weekly payment of employee wages. Labor Code § 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations" Labor Code § 1776 (g) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred ($100) for each calendar day, or portions thereof, for each worker, until strict compliance is effectuated." Please correct and supply the data requested in the attachments and submit on approved forms to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. Respectfully, Harry Corder Labor Compliance Officer Enc. (2) CITY OF SANTA CLARITA Report of Action for Prevailing Wage Violations Name of Project Contract Number: First Advertised Date: County Where Work Is Performed: Date Notice of Completion Filed: Date of Project Acceptance or Current Percent Complete: 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 compliance program.doc This Page is Omitted Intentionally SECTION H CONSTRUCTION DEMMOLITION MATERIALS MANAGEMENT PLAN 2015 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN FORM If you have any questions, please contact the Environmental Services Division at (661) 286-4098 Project Information Contact Information Name: Name: Address: Phone: Permit: Email: Inerts (concrete, sand, dirt, clean fill, rock, gravel, etc.) Material Recycle? Reuse? What Est. Recycling Method/Franchised Hauler percentage? quantity in tons Total Other Construction and Demolition Materials (wood, metal, drywall, carpet, cardboard, etc.) Material Recycle? Reuse? What Est. Recycling Method/Franchised Hauler percentage? quantity (in tons) Total Land clearing debris (sand, dirt, clean fill, rock, gravel, trees, stumps, vegetation,etc.) Material Per CA Green Building Est. Recycling Method/Franchised Hauler Standards Code, 100% of land quantity clearing debris must be reused (in tons) or recycled for non-residential projects. " 100% 100% 100% Total Pursuant to 2013 California Green Building Standards Code, 100 percent of trees, stumps, rocks, and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed. " If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material. On June 28, 2005, the City Council passed a Construction and Demolition (C&D) Ordinance (05-09) requiring all demolition projects, new construction projects valued over $500,000 and all tenant improvements valued over $100,000 to recycle a minimum of 50 percent of all inert materials and 50 percent of all other materials. There is a deposit required which is calculated at three percent (3%) of the City's valuation or $25,000 whichever is less. It is the responsibility of the applicant to ensure the recycling requirements are met by working closely with the approved waste hauler(s). Please make sure you keep records from your waste hauler(s) or weight tickets from the C&D recycling center/landfill. These records will be necessary to prove your recycling tonnages and will be required to have your deposit returned at the end of the project. Please note deposits take up to three weeks to be refunded. Signature Deaosit/Refund Information Name Address City: State Zip Cash - Check - CC - LOC Date CITY STAFF USE ONLY ❑ C&DMMP Approved ❑ Deposit Accepted ❑ Plans Stamped ❑ E- Plans Yes/ No Cleared? ❑ Valuation: Deposit: (Acct 102-2013.002) 3% Total Amount Due: Pre -construction survey: 1) Will materials be sorted on-site or mixed for transportation to a diversion facility? 2) Do you employ any construction methods to reduce the amount of waste generated on the project? Examples: salvage useful materials, advanced framing, etc. ❑ Sorted on-site ❑ Co -mingled or mixed ❑ Yes (describe below) ❑ No Post -construction checklist: `Both items must be completed prior to requesting the deposit refund. 1) Has the project received a final inspection with a City ❑ Building & Safety Inspector? 2) Have you collected all weight tickets or diversion ❑ reports to submit to the City? Disaosina Materials Generated From Your Project Temporary Bin and Roll -Off Box As of January 1, 2006, all temporary bin and roll -off box services in the City of Santa Clarita are franchised by the following companies. If you wish to use temporary bin and roll -off box services, you must use one of the franchised haulers below. A-V Equipment Rental (661) 259-2155 24933 Railroad Avenue, Santa Clarita Blue Barrel/Waste Management (661) 259-2398 25772 Springbrook Avenue, Santa Clarita Burrtec Waste Industries (661) 222-2249 26000 Springbrook Avenue, Suite 101, Santa Clarita Consolidated Disposal Service (800) 299-4898 12949 Telegraph Road, Santa Fe Springs Recology Los Angeles (800) 633-9933 9189 DeGarmo Avenue,Sun Valley Self -Haul Contractors may self -haul their waste and recyclable materials if they possess a valid California contractor's license for their scope of work. For example, in order for a demolition contractor to self -haul, the demolition contractor shall be licensed with the California State Licensing Board to conduct demolition services. General contractors who subcontract service shall ensure all subcontractors are either using a City franchised hauler or are eligible to self -haul. f:ity of Q) SANTA CLARITA REFUND FORM *This form is used for refunds when the payee is NOT currently setup in Fin Plus. All field are required. Date submitted: Staff Name: Payee name: Mailing address: City: State: Zip: Phone number: Refund for Reason: Payee Signature* *signature verifies that the person signing is requesting a refund from the City Staff Signature** **signature verifies that the person signing assumes responsibility for refund request RETURN FORM TO PURCHASING (JKILLIAN@SANTA-CLARITA.COM) For Purchasing: Entered by: Fin Plus v# assigned: Date: RFUND/2015/JK City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B SECTION TECHNICAL SPECIFICATION 075216.11 - Page 1 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B SECTION L- TECHNICAL SPECIFICATIONS - "SCOPE OF WORK" ROOF REPLACEMENTS AT NEWHALL PARK RECREATION BUILDING City Bid, No. ENG -17 -18 -M2011 -B City of Santa Clarita, California DIVISION 07 — THERMAL AND MOISTURE PROTECTION SECTION 075216.11 - SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. All work in this project will require close coordination with the City and work being performed on adjacent areas. Newhall Park 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. C. The Base Bid Item one (1) for this project consist of roof replacement on the selected roof areas at the Newhall Park Recreation Building with a U.L. Class `A' roofing system utilizing materials that are pre -purchased by the City. Contractor is to provide Labor and miscellaneous materials in conformance with Contract Documents and as necessary in order for the Roof System Manufacture to issue specified Warranty and Maintenance Program. D. Contractor shall be responsible for providing and installing additional materials not provided by the City (See Attachment #1). All Roofing Materials used 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. E. 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. Contractor shall verify shipping manifests and compare and sign off quantities from Owner Materials Supplied List 1.2 SUMMARY A. Section Includes: Styrene -butadiene -styrene (SBS) modified bituminous membrane roofing system on wood deck, including but not limited to: a. Roof insulation. 075216.11 - Page 2 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B b. Roof membrane and membrane base flashings. Roof surfacing consisting of mineral granulated cap sheet. B. Related Sections: Division 06 carpentry section for wood nailers, wood cants, curbs, and blocking. 2. Division 07 Section "Sheet Metal Flashing and Trim" for custom metal roof penetration flashings, flashings, and counterflashing. C. Allowances: Refer to Division 01 Section "Allowances" for description of Work in this Section affected by allowances. D. Unit Prices: Refer to Division 01 Section "Unit Prices" for description of Work in this Section affected by unit prices. 1.3 DEFINITIONS A. Roofing Terminology: See ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section. B. Hot Roofing Asphalt: Roofing asphalt heated to its equiviscous temperature, the temperature at which its viscosity is 125 centipoise for mop -applied roofing asphalt and 75 centipoise for mechanical spreader -applied roofing asphalt, within a range of plus or minus 25 deg. F (14 deg. C), measured at the mop cart or mechanical spreader immediately before application. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1.5 INFORMATIONAL SUBMITTALS A. Contractor's Product Certificate: Submit notarized certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents. B. Qualification Data: For Installer, Manufacturer, and Roofing Inspector. Include letter from Manufacturer written for this Project indicating approval of Installer. C. Warranties: Unexecuted sample copies of special warranties. D. Field Quality Control Reports: Daily reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions taken to correct defective work. 075216.11 - Page 3 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: To include in maintenance manuals. B. Warranties: Executed copies of warranties. 1.7 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and certified or Approved by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing products comparable to those specified, able to communicate verbally with Contractor, Architect, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified. B. Manufacturer Qualifications: Approved manufacturer with FM Global approved roofing systems comparable to those specified for this Project, with minimum five years' experience in manufacture of comparable products in successful use in similar applications, and able to furnish warranty with provisions matching specified requirements. Substitutions following award of contract are not allowed except as stipulated in Division 01 General Requirements. 2. Approved manufacturers must meet separate requirements of Submittals Article. C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following: An authorized full-time technical employee of the manufacturer. 2. An independent party certified as a Registered Roof Observer by the Roof Consultants Institute, retained by the Contractor or the Manufacturer and approved by the Manufacturer. D. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products. E. Pre -installation Roofing Conference: Conduct conference at Project site. Meet with Owner, Architect, Owner's insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer's representative, deck Installer, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof -mounted equipment. 2. Review drawings and specifications. 075216.11 - Page 4 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 3. Review methods and procedures related to roofing installation, including manufacturer's written instructions. 4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 5. Examine substrate conditions and fmishes for compliance with requirements, including flatness and fastening. 6. Review structural loading limitations of roof deck during and after roofing. 7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system. 8. Review governing regulations and requirements for insurance and certificates if applicable. 9. Review temporary protection requirements for roofing system during and after installation. 10. Review roof observation and repair procedures after roofing installation. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings, and directions for storing and mixing with other components. B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight. 1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life. C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 1.9 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements. 075216.11 - Page 5 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B B. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast. Provide tie -offs at end of each day's work to cover exposed roofing and insulation with a course of roofing sheet securely in place with joints and edges sealed. 2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing. Remove temporary plugs from roof drains at end of each day. 4. Remove and discard temporary seals before beginning work on adjoining roofing. 1.10 WARRANTY A. Warranty, General: Warranties specified shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. B. Manufacturer's Warranty: Manufacturer's standard or customized form, in which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period. Failure includes roof leaks. Manufacturer's warranty includes roofing membrane, base flashings, fasteners, roofing membrane accessories and other components of roofing system specified in this Section. 2. Warranty Period: 20 years from date of Substantial Completion. C. Installer's Warranty: Submit roofing Installer's warranty, on warranty form at end of this Section, signed by Installer, covering the Work of this Section, including all components of roofing system such as roofing membrane, base flashing, roof insulation, fasteners, cover boards, substrate boards, vapor retarders, and walkway products, for the following warranty period: Warranty Period: Two years from date of Substantial Completion. PART2-PRODUCTS 2.1 MANUFACTURERS A. Basis -of -Design Manufacturer/Product: The roof system specified in this Section is based upon products of Tremco, Inc., www.tremcoroofing com, named in other Part 2 articles. Subject to compliance with requirements, provide the named product or an approved comparable product by one of the following: B. Source Limitations: Obtain components for roofing system from same manufacturer as membrane roofing or manufacturer approved by membrane roofing manufacturer. 075216.11 - Page 6 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 2.2 PERFORMANCE REQUIREMENTS A. General Performance: Roofing shall withstand exposure to weather without failure or leaks due to defective manufacture or installation. 1. Accelerated Weathering: Roofing system shall withstand 2000 hours of exposure when tested according to ASTM G 152, ASTM G 154, or ASTM G 155. 2. Impact Resistance: Roofing system shall resist impact damage when tested according to ASTM D 3746 or ASTM D 4272. B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by membrane roofing manufacturer based on testing and field experience. C. Exterior Fire -Test Exposure: ASTM E 108, Class A; for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with appropriate markings of applicable testing agency. D. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1. 2.3 ROOFING MEMBRANE MATERIALS A. Base Sheet: 1. ASTM D 6163 Type III Grade S SBS/SEBS-modified asphalt -coated fiberglass - reinforced high-strength sheet, smooth -surfaced. a. Basis of design product: Tremco, POWER ply Plus HT Smooth. b. Tensile strength, 73 deg. F, ASTM D 5147: 190 lbf/in. (33 kN/m), machine direction; 190 lbf/in. (33 kN/m), cross -machine direction. C. Tear strength, 73 deg. F, ASTM D 5147: 320 lbf (1.4 N), machine direction; 320 lbf (1.4 N), cross -machine direction. d. Elongation, 73 deg. F, ASTM D 5147: 7.2 percent machine direction; 4 percent cross -machine direction. C. Low Temperature Flexibility, maximum, ASTM D 5147: -35 deg. F (-37 deg. C). f. Thickness: 80 mils (2.0 mm). B. SBS Modified Bituminous Membrane Ply Sheets: 1. ASTM D 6163 Type III Grade S SBS/SEBS-modified asphalt -coated fiberglass - reinforced high-strength sheet, smooth -surfaced. a. Basis of design product: Tremco, POWER ply Plus HT Smooth. 075216.11 - Page 7 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B b. Tensile strength, 73 deg. F, ASTM D 5147: 190 lbf/in. (33 kN/m), machine direction; 190 lbf/in. (33 kN/m), cross -machine direction. C. Tear strength, 73 deg. F, ASTM D 5147: 320 lbf (1.4 N), machine direction; 320 lbf (1.4 N), cross -machine direction. d. Elongation, 73 deg. F, ASTM D 5147: 7.2 percent machine direction; 4 percent cross -machine direction. C. Low Temperature Flexibility, maximum, ASTM D 5147: -35 deg. F (-37 deg. Q. f. Thickness: 80 mils (2.0 mm). C. SBS Modified Bituminous Cap Sheet: 1. ASTM D 6163 Type I Grade G SBS -modified asphalt -coated glass -fiber -reinforced sheet, granular surfaced with a factory applied white reflective granule; CRRC listed and California Title 24 Energy Code compliant. a. Basis of design product: Tremco, POWER ply Standard FR GT24W. b. Exterior Fire -Test Exposure, ASTM E 108: Class A. C. Tensile Strength at 73 deg. F (23 deg. C), minimum, ASTM D 5147: Machine direction 70 lbf/in (12.0 kN/m); Cross machine direction 50 lbf/in (8.8 kN/m). d. Tear Strength at 73 deg. F (23 deg. C), minimum, ASTM D 5147: Machine direction, 90 lbf (400 N); Cross machine direction 90 lbf (400 N). C. Elongation at 73 deg. F (23 deg. C), minimum, ASTM D 5147: Machine direction 4 percent; Cross machine direction 4 percent. f. Low Temperature Flex, maximum, ASTM D 5147: -10 deg. F (-23 deg. Q. g. Thickness, minimum, ASTM D 5147: 0.157 inch (4 mm). It. Solar Reflectance Index (SRI), ASTM E 1980: 88. D. Base Flashing Backer Sheet: 1. ASTM D 6163 Type III Grade S SBS/SEBS-modified asphalt -coated fiberglass - reinforced high-strength sheet, smooth -surfaced. a. Basis of design product: Tremco, POWER ply Plus HT Smooth. b. Tensile strength, 73 deg. F, ASTM D 5147: 190 lbf/in. (33 kN/m), machine direction; 190 lbf/in. (33 kN/m), cross -machine direction. C. Tear strength, 73 deg. F, ASTM D 5147: 320 lbf (1.4 N), machine direction; 320 lbf (1.4 N), cross -machine direction. 075216.11 - Page 8 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B d. Elongation, 73 deg. F, ASTM D 5147: 7.2 percent machine direction; 4 percent cross -machine direction. C. Low Temperature Flexibility, maximum, ASTM D 5147: -35 deg. F (-37 deg. Q. f. Thickness: 80 mils (2.0 mm). E. Base Flashing Sheet: 1. ASTM D 6163 Type I Grade G SBS -modified asphalt -coated glass -fiber -reinforced sheet, granular surfaced with a factory applied white reflective granule; CRRC listed and California Title 24 Energy Code compliant. a. Basis of design product: Tremco, POWER ply Standard FR GT24W. b. Exterior Fire -Test Exposure, ASTM E 108: Class A. C. Tensile Strength at 73 deg. F (23 deg. C), minimum, ASTM D 5147: Machine direction 70 lbf/in (12.0 kN/m); Cross machine direction 50 lbf/in (8.8 kN/m). d. Tear Strength at 73 deg. F (23 deg. C), minimum, ASTM D 5147: Machine direction, 90 lbf (400 N); Cross machine direction 90 lbf (400 N). C. Elongation at 73 deg. F (23 deg. C), minimum, ASTM D 5147: Machine direction 4 percent; Cross machine direction 4 percent. f. Low Temperature Flex, maximum, ASTM D 5147: -10 deg. F (-23 deg. Q. g. Thickness, minimum, ASTM D 5147: 0.157 inch (4 mm). h. Solar Reflectance Index (SRI), ASTM E 1980: 88. F. Detailing Fabric: 1. Woven Glass Fiber Mesh, Vinyl -Coated: Non -shrinking, non -rotting, vinyl -coated woven glass mesh for reinforcing flashing seams, membrane laps, and other roof system detailing.. a. Basis of design product: Tremco, BURmesh. b. Tensile strength, 70 deg. F, ASTM D 146: Warp, 65 lbf/in (289 N); fill, 75 lbf/in (311 N). 2.4 ASPHALT MATERIALS A. Asphalt primer, ASTM D 41, low-VOC. 1. Basis of design product: Tremco, TREMprime LV. 2. Volatile Organic Compounds, maximum, ASTM D 3960: 350 g/L. 075216.11 - Page 9 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 3. Flash Point, minimum, ASTM D 3278: 100 deg. F (38 deg. Q. B. ASTM D 312 Type IV hot -melt asphalt. 1. Basis of design product: Tremco, Premium IV. 2. Softening Point, min/max, ASTM D 36: 215225 deg. F (102107 deg. C). 3. Ductility at 77 deg. F, minimum, ASTM D 113: 2.5 cm. 4. Penetration at 77 deg. F (25 deg. C), min/max, ASTM D 5: 1530 dmm. C. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required by roofing system manufacturer for application. 2.5 AUXILIARY ROOFING MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with roofing membrane. 1. Liquid -type auxiliary materials shall comply with VOC limits of authorities having jurisdiction. B. Cold -Applied Adhesive: 1. Cold fluid -applied bead -applied low-rise adhesive, two -component solvent -free low odor elastomeric urethane, formulated to adhere roof insulation to substrate. a. Basis of design product: Tremco, Low Rise Foam Insulation Adhesive. b. Flame Spread Index, ASTM E 84: 10. C. Smoke Developed Index, ASTM E 84: 30. d. Volatile Organic Compounds (VOC), maximum, ASTM D 3960: 0 g/L. C. Tensile Strength, minimum, ASTM D 412: 250 psi (1724 kPa). f. Peel Adhesion, minimum, ASTM D 903:17 lbf/in (2.98 kN/m). g. Flexibility, 70 deg. F (39 deg. C), ASTM D 816: Pass. C. Stripping Reinforcing Fabric: 1. Woven Glass Fiber Mesh, Vinyl -Coated: Non -shrinking, non -rotting, vinyl -coated woven glass mesh for reinforcing flashing seams, membrane laps, and other roof system detailing.. a. Basis of design product: Tremco, BURmesh. 075216.11 - Page 10 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B b. Tensile strength, 70 deg. F, ASTM D 146: Warp, 65 lbf/in (289 N); fill, 75 lbf/in (311 N). D. Metal Flashing Sheet: Metal flashing sheet is specified in Division 07 Section "Sheet Metal Flashing and Trim." E. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer. 2.6 ROOF INSULATION A. Roof Insulation, General: Preformed roof insulation boards manufactured or approved by roofing manufacturer, selected from manufacturer's standard sizes suitable for application, of thicknesses indicated. 1. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. B. Roof Insulation: 1. Polyisocyanurate board insulation, ASTM C 1289 Type II Class 1 CFC- and HCFC- free, with recycled content glass -fiber mat facer on both major surfaces. a. Basis of design product: Tremco, Trisotech b. Compressive Strength, ASTM C1621: C. Conditioned Thermal Resistance at 75 deg. F (24 deg. C): 14.4 at 2.5 inches (50.8 mm) thick. C. Roof Insulation Cover Board: 1. Cellulosic fiber reinforced water-resistant gypsum panel, ASTM C 1278/C 1278M. a. Basis of design product: Tremco/USG Securock. b. Thickness: 1/2 inch (13 mm). D. Insulation Cant Strips: ASTM C 208, Type II, Grade 1, cellulosic -fiber insulation board. E. Tapered Edge Strips: ASTM C 208, Type II, Grade 1, cellulosic -fiber insulation board. 2.7 WALKWAYS A. Walkway pads, ceramic -granule -surfaced reinforced asphaltic composition slip -resisting pads, manufactured as a traffic pad for foot traffic, 1/2 inch (13 mm) thick minimum. 1. Basis of design product: Tremco, Trem-Tred. 2. Flexural Strength at max. Load, minimum, ASTM C 203: 210 psi (1.5 kPa). 075216.11 - Page 11 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 3. Granule adhesion (weight loss), maximum, ASTM D 4977: 1.1 gram. 4. Impact Resistance at 77 deg. F (25 deg. C), ASTM D 3746: No Damage to Roof. 5. Pad Size: 36 by 48 inch (914 by 1220 mm). PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system: 1. Verify that roof openings and penetrations are in place and curbs are set and braced and that roof drain bodies are securely clamped in place. 2. Wood Roof Deck: Verify that wood deck is securely fastened with no projecting fasteners and with no adjacent units in excess of 1/16 inch (1.6 mm) out of plane relative to adjoining deck. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections. B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof -drain plugs when no work is taking place or when rain is forecast. 3.3 INSTALLATION, GENERAL A. Install roofing system in accordance with manufacturer's recommendations. 3.4 INSULATION INSTALLATION A. Comply with built-up roofing manufacturer's written instructions for installing roof insulation. B. Insulation Base Sheet: Install one lapped base sheet course and mechanically fasten to substrate according to built-up roofing manufacturer's written instructions. C. Can't Strips: Install and secure preformed 45 -degree cant strips at junctures of built-up roofing with vertical surfaces or angle changes greater than 45 degrees. D. Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6 mm) with insulation. 1. Cut and fit insulation within 1/4 inch (6 mm) of nailers, projections, and penetrations. 075216.11 - Page 12 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B E. Install insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2.7 inch (70 mm) or greater, install two or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. 1. Install insulation at average overall thickness of 2.5 inches (64 mm). F. Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water. G. Install tapered edge strips at perimeter edges of roof that do not terminate at vertical surfaces. H. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: Set each layer of insulation in application of specified insulation adhesive. I. Cover Board Installation: Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches (150 mm) in each direction. Loosely butt cover boards together. Tape joints if required by roofing manufacturer. Set each layer of insulation in application of insulation adhesive. 3.5 HOT -APPLIED ROOFING MEMBRANE INSTALLATION, GENERAL A. Install roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations in ARMA/NRCA's "Quality Control Guidelines for the Application of Polymer Modified Bitumen Roofing" and as follows: Base Sheet: One. a. Adhering Method: Mopped. 2. Number of Smooth -Surfaced SBS -Modified Asphalt Sheets: One. a. Adhering Method: Mopped. Granular -Surfaced SBS -Modified Asphalt Cap Sheet: a. Adhering Method: Mopped. B. Start installation of roofing membrane in presence of roofing system manufacturer's technical personnel. C. Cooperate with testing agencies engaged or required to perform services for installing roofing system. D. Coordinate installation of roofing system so insulation and other components of the roofing membrane system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast. 075216.11 - Page 13 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 1. Provide tie -offs at end of each day's work configured as recommended by NRCA Roofing Manual Appendix: Quality Control Guidelines - Insulation to protect new roofing. 2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing. 3. Remove temporary plugs from roof drains at end of each day. 4. Remove and discard temporary seals before beginning work on adjoining roofing. E. Hot Roofing Asphalt Heating: Heat asphalt to its equiviscous temperature, measured at the mop cart or mechanical spreader immediately before application. Circulate asphalt during heating. Do not raise asphalt temperature above equiviscous temperature range more than one hour before time of application. Do not exceed asphalt manufacturer's recommended temperature limits during asphalt heating. Do not heat asphalt within 25 deg. F (14 deg. C) of flash point. Discard asphalt maintained at a temperature exceeding finished blowing temperature for more than four hours. 1. Apply hot roofing asphalt within plus or minus 25 deg. F (14 deg. C) of equiviscous temperature and adhere components to asphalt heated to not less than 425 deg. F (236 deg. C). F. Hot Roofing Asphalt Heating, SEBS-Modified Asphalt: Heat and apply SEBS-modified elastomeric roofing asphalt according to roofing system manufacturer's written instructions. G. Substrate -Joint Penetrations: Prevent roofing asphalt and adhesives from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. 3.6 BASE -SHEET INSTALLATION A. Install lapped base -sheet course, extending sheet over and terminating beyond cants. Attach base sheet as follows: 1. Adhere to substrate in a solid mopping of hot roofing asphalt. 3.7 SBS -MODIFIED BITUMINOUS MEMBRANE INSTALLATION A. Install modified bituminous roofing membrane sheet and cap sheet according to roofing manufacturer's written instructions, starting at low point of roofing system. Extend roofing membrane sheets over and terminate beyond cants, installing as follows: 1. Unroll roofing membrane sheets and allow them to relax for minimum time period required by manufacturer. 2. Adhere to substrate in a solid mopping of hot roofing asphalt applied at not less than 425 deg. F (236 deg. C). 075216.11 - Page 14 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B B. Laps: Accurately align roofing membrane sheets, without stretching, and maintain uniform side and end laps. Stagger end laps. Install roofing membrane sheets so side and end laps shed water. Completely bond and seal laps, leaving no voids. Repair tears and voids in laps and lapped seams not completely sealed. 2. Apply roofing granules to cover exuded bead at laps while bead is hot. 3.8 FLASHING AND STRIPPING INSTALLATION A. Install base flashing over cant strips and other sloped and vertical surfaces, at roof edges, and at penetrations through roof, secure to substrates according to roofing system manufacturer's written instructions, and as follows: Extend base flashing up walls or parapets a minimum of 12 inches (300 mm) above built- up roofing and 6 inches (150 mm) onto field of roof membrane. 2. Prime substrates with asphalt primer if required by roofing system manufacturer. Backer Sheet Application: Mechanically fasten backer sheet to walls or parapets. Adhere backer sheet over roofing membrane at cants in a solid mopping of hot roofing asphalt. 4. Backer Sheet Application: Install backer sheet and adhere to substrate in a solid mopping of hot roofing asphalt. Backer Sheet Application: Install backer sheet and adhere to substrate in cold -applied adhesive at rate required by roofing system manufacturer. 6. Flashing Sheet Application: Adhere flashing sheet to substrate in a solid mopping of hot roofing asphalt applied at not less than 425 deg. F (236 deg. Q. Apply hot roofing asphalt to back of flashing sheet if recommended by roofing system manufacturer. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing. 7. Flashing Sheet Application: Adhere flashing sheet to substrate in cold -applied adhesive at rate required by roofing system manufacturer. Seal joints in flashing sheet. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing. 8. Flashing Sheet Bottom Termination: Adhere flashing sheet to roof membrane sheet continuously along bottom of flashing sheet. a. Bituminous Flashing: Seal bottom termination of base flashing by adhering to roofing membrane and stripping flashing to membrane joint with reinforcing fabric and cold applied adhesive. b. Elastomeric Flashing Sheet: Heat weld vertical flashing joints. Seal bottom termination of base flashing by adhering to roofing membrane with cold -applied and sealing flashing to membrane joint with joint sealant. B. Seal top termination of base flashing with a metal termination bar. 075216.11 - Page 15 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B C. Install roofing membrane cap -sheet stripping where metal flanges and edgings are set on membrane roofing according to roofing system manufacturer's written instructions. 3.9 WALKWAY INSTALLATION A. Walkway Pads: Install walkway pads using units of size indicated or, if not indicated, of manufacturer's standard size according to walkway pad manufacturer's written instructions. Set walkway pads in cold -applied adhesive. 3.10 FIELD QUALITY CONTROL A. Roofing Inspector: Owner will engage a qualified roofing inspector to perforin roof tests and inspections and to prepare test reports. B. Roofing Inspector: Contractor shall engage a qualified roofing inspector for a minimum of three (3) days on site to perform roof tests and inspections and to prepare start up, interim, and final reports. Roofing Inspector's quality assurance inspections shall comply with criteria established in ARMA/NRCA's "Quality Control Guidelines for the Application of Built-up Roofing." C. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation at commencement and upon completion. Notify Architect and Owner 48 hours in advance of date and time of inspection. D. Repair or remove and replace components of built-up roofing where test results or inspections indicate that they do not comply with specified requirements. Additional testing and inspecting, at Contractor's expense, will be performed to determine if replaced or additional work complies with specified requirements. 3.11 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. 3.12 ROOFING INSTALLER'S WARRANTY A. WHEREAS of , herein called the "Roofing Installer," has performed roofing and associated work ("work") on the following project: 075216.11 - Page 16 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B 1. Owner: City of Santa Clarita 2. Building Name: Newhall Recreation Building 3. Address: 24933 Newhall Ave. Santa Clarita, CA 91320 4. Area of Work: Upper and Lower Roof 5. Acceptance Date: 6. Warranty Period: 7. Expiration Date: B. AND WHEREAS Roofing Installer has contracted (either directly with Owner or indirectly as a subcontractor) to warrant said work against leaks and faulty or defective materials and workmanship for designated Warranty Period, C. NOW THEREFORE Roofing Installer hereby warrants, subject to terms and conditions herein set forth, that during Warranty Period he will, at his own cost and expense, make or cause to be made such repairs to or replacements of said work as are necessary to correct faulty and defective work and as are necessary to maintain said work in a watertight condition. D. This Warranty is made subject to the following terms and conditions: 1. Specifically excluded from this Warranty are damages to work and other parts of the building, and to building contents, caused by: a. lightning; b. Peak gust wind speed exceeding 74 mph (120 k/hr.); C. fire; d. failure of roofing system substrate, including cracking, settlement, excessive deflection, deterioration, and decomposition; e. faulty construction of parapet walls, copings, chimneys, skylights, vents, equipment supports, and other edge conditions and penetrations of the work; f. vapor condensation on bottom of roofing; and g. Activity on roofing by others, including construction contractors, maintenance personnel, other persons, and animals, whether authorized or unauthorized by Owner. 2. When work has been damaged by any of foregoing causes, Warranty shall be null and void until such damage has been repaired by Roofing Installer and until cost and expense thereof have been paid by Owner or by another responsible party so designated. 075216.11 - Page 17 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B Roofing Installer is responsible for damage to work covered by this Warranty but is not liable for consequential damages to building or building contents resulting from leaks or faults or defects of work. 4. During Warranty Period, if Owner allows alteration of work by anyone other than Roofing Installer, including cutting, patching, and maintenance in connection with penetrations, attachment of other work, and positioning of anything on roof, this Warranty shall become null and void on date of said alterations, but only to the extent said alterations affect work covered by this Warranty. If Owner engages Roofing Installer to perform said alterations, Warranty shall not become null and void unless Roofing Installer, before starting said work, shall have notified Owner in writing, showing reasonable cause for claim, that said alterations would likely damage or deteriorate work, thereby reasonably justifying a limitation or termination of this Warranty. During Warranty Period, if original use of roof is changed and it becomes used for, but was not originally specified for, a promenade, work deck, spray -cooled surface, flooded basin, or other use or service more severe than originally specified, this Warranty shall become null and void on date of said change, but only to the extent said change affects work covered by this Warranty. 6. Owner shall promptly notify Roofing Installer of observed, known, or suspected leaks, defects, or deterioration and shall afford reasonable opportunity for Roofing Installer to inspect work and to examine evidence of such leaks, defects, or deterioration. 7. This Warranty is recognized to be the only warranty of Roofing Installer on said work and shall not operate to restrict or cut off Owner from other remedies and resources lawfully available to Owner in cases of roofing failure. Specifically, this Warranty shall not operate to relieve Roofing Installer of responsibility for performance of original work according to requirements of the Contract Documents, regardless of whether Contract was a contract directly with Owner or a subcontract with Owner's General Contractor. E. IN WITNESS THEREOF, this instrument has been duly executed by: Authorized Signature: 2. Name (printed or typed): Title: 4. Date: END OF SECTION 075216.11 075216.11 - Page 18 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B Attachment #1- Owner Supplied Roofing Materials Item Part# Quantity PowerPly HT Smooth 036PLHTSM601 M 47 Rolls PowerPly STD FR GT24W 036STDGT25601 M 35 Rolls Low Rise Foam Insulation Adhesive 362300 304 12 Cases Type IV Asphalt 372004 501 36 Ctn Reglet Joint Sealant 367400 323 1 Case TremPrime LV; 5 gal 022048 805 1 Pal 075216.11 - Page 19 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED City of Santa Clarita Newhall Park- Recreation Building Roof Replacement Project M2011 -B This Page is Omitted Intentionally 075216.11 - Page 20 of 18 SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, HOT -APPLIED EXHIBIT A Newhall Park Roof Drawing A $ 3 33p j N C � `p > .s 00 11J V O K H i Q � Q 6 w- O '^ A' S O '^ �✓ ` , s Z Z LL - �, L 0 o a r Z V •� L O W � Ey3 V Q o _� O vv _ } L LU V va O • N LU L 4QUEPOW' Q a— Q 0 LLJ � Lu s s � a3i a3i - V ,zz L. O M O o, N E � [ f ILI At zl:2 21 LiL of Hi a a a al 1 apt wHIMS WOM U Eon lull x 1 local Mill 'Ali /07 --: yo//, L!LLJ lvvv got j A net IS its 1-0 Nil 1 M� ny// ------------------------- ------- ----------------------------------- a a � Q• LL d O O. a O 0 U `-------------------------------------------------------------------F�J V O d N Q Q d N O� N -_ -7oE- ___J C� a a aaa aaa z Am ------------- FF ---------------------------------------------------------------------- i nnnnnnnn sssssss .W D Y ------------- `-------------------------------------------------------------------J a E P 6 e = "a - n r s LL ------------ ---------- _______________________________________________JJ a L_________________________________________________________________________________________________________________________________________________________ - C �„ IIjj M m Y s u 'fmmmmmmmm 66666 ......... ....... •� r n - 'W Y a O = 0 Q m p >.2 e n o Q o 0 D� � S S 7\; M --_ —_ _—_—_—_ C _ O K cN LLJ L e e r� 7 I 00 .W a. LiL�wj I ^ m •K 1., 4.. r W1, `•N �.ry�' t wwtt r r, i.. ;. e_e�•se e ©� � — x� .3 0 C M CI OI ik �` z— 0 — � OC 44444 0 m � Q] 0 � m m z 4444444 rrr Q 0 Q N — p V O 0 _ wew- - a n E m Z 4 C o o 0 00 o 0 0 = e� 4 e -N3 w y 0_-m 0 - D d Q 1\ 2 \ - Q _ i 6 i m mK -12 LL Z Z 0, LLJ S OI mg: $'~U9-0 _- 3 •O. ' m I V C I}( a a e Z Z LL-j - _ m a P. z o� m 3 m o o o 62 1 mLEL = il 4ge_e=vv9� ee e e s x� s- Z - - _ z C M Q i O s c i O _ S � iJ U' U' U' O O •� O` z z zm Q C O >.2u O O � C W Y ; Q � Q W _ O � 0 S S OZZ CI m � a O C7 M 6 (V LL� V r+� rY V =�Ce f a * V v Asbestos Report Newhall Recreation Building TO: SPARTA BUILDERS TONNY RIGGS 25390 TWIN OAKS PLACE VALENCIA, CA 91381 TERRA ENVIRONMENTAL LIMITED ASBESTOS REPORT (ROOF) NEWHALL PARK RECREATION BULDING 24933 NEWHALL AVE. NEWHALL, CA 91321 Date Prepared: March 3, 2017 12631 E Imperial Hwy Ste. A225, Santa Fe Springs CA 90670 www.terraeng.com �.•»'ro',+ TERRA ENVIRONMENTAL Limited Asbestos Report 24933 Newhall Ave, Newhall, CA 91321 I. Executive Summary, Introduction, Purpose and Scope of Services Mr. Ulises Monsalvo of Terra Environmental performed a field survey on February 28, 2017 at the Newhall Recreation Building located at 24933 Newhall Ave, Newhall, CA 91321. The purpose of the survey was to identify asbestos containing material (ACM) and asbestos containing construction material (ACCM) that will be impacted by the roof renovation project of the mentioned property. II. Visual Survey, Sampling Methodology, and Analytical Procedures a. Visual Survey The Visual Survey consisted of a walk-through and visual inspection of the impacted building materials. It included the identification of all suspect ACBM and the physical touching of suspect ACBM in an effort to determine the friability and condition of said materials. In surveying the building, we used our training in identifying asbestos - containing materials, our familiarity with building construction and our general experience to locate potential sources of ACM and ACCM. b. Sampling Methodology The next phase of the survey was the selection of sampling areas and collection of bulk samples. Material sampling areas were grouped based on material homogeneity. A homogeneous material is one, which contains the same texture, color, and uniform, applied during the same general time period. Our technician collected samples using destructive methods. c. Analytical Procedures Analysis of the bulk samples was performed in general accordance with the procedures outlined in the United States Environmental Protection Agency's (EPA) "Method for the Determination of Asbestos in Bulk Building Materials" (EPA/600/R-93/116, July 1993), This method employs Polarized Light Microscopy (PLM) with dispersion staining to identify the type and approximate quantity of asbestos present in the sample, if any. The EPA considers materials to be asbestos- containing only if it contains more than one percent asbestos as determined by visual area estimation (NESHAP regulation - 40 CFR 61 Part M, dated November 20, 1990). The California Division of Occupational Safety and Health (Cal/OSHA) has defined Asbestos Containing Construction Material (ACCM) as any manufactured construction material, which contains more than one-tenth of one percent (0.1%) asbestos by weight. 2of5 �.•»'ro',+ TERRA ENVIRONMENTAL Limited Asbestos Report 24933 Newhall Ave, Newhall, CA 91321 The bulk samples were collected in hard shell containers, and submitted, utilizing chain - of -custody (COC) procedures to AIH laboratory located at 12611 Hiddencreek Way, Suite B, Cerritos, CA 90703; to perform the requested analyses. AIH Laboratory is accredited under the National Institute of Standards and Technology (NIST) and the National Voluntary Laboratory Accreditation Program (NVLAP). III. Discussion of Survey Findings and Recommendations Terra collected a total of six (6) samples of suspect asbestos containing materials for analysis. The visual inspection and bulk sample analysis results revealed the following Asbestos -Containing Materials: Material Location Lab Sample Numbers Asbestos detected Quantity Felt -on Roof Roof (higher and 01 02 None Detected 3000 sq. ft. lower) 03 04 Roof Mastic Roof 05 Chrysotile 4% 80 sq. ft. 06 IV Recommendations for handling ACM: Removal and disposal of Asbestos Containing Roof Mastic must be performed by a California Licensed asbestos abatement contractor, in accordance with all applicable regulations, including but not limited to, 29 CFR 1926.1101 (OSHA), 40 CFR 763 (AHERA), 40 CFR Part 61 (NESHAPS) and 8 CAC 1529 (Cal/OSHA Asbestos), including mandatory and non -mandatory appendices as applicable, and Local Air Quality Management District regulations (SCAQMD 1403). Should materials different to those identified in this report or, other forms of suspect hazardous materials be discovered during the renovation process, the contractor should be instructed to cease all work activities which may initiate an exposure episode and notify the appropriate management personnel. 3of5 TERRA ENVIRONMENTAL V. General Recommendations and Notes Limited Asbestos Report 24933 Newhall Ave, Newhall, CA 91321 Terra has endeavored to observe the existing conditions within the subject property using generally accepted procedures. Regardless of the thoroughness of a survey, there is always a possibility some areas containing asbestos were overlooked or were inaccessible, or are different from those at specific sample locations. Therefore, conditions at every location may not be as anticipated by our field representative. In addition, renovation or construction may uncover altered or differing conditions. Written by: i �F -4 Israel Monsalvo, CAC #04-3551 Terra Environmental Services VI. Confidentiality and Limitations This report has been prepared for the sole use of SPARTA BUILDERS; Material quantities are, in some cases, listed within this document. Those quantities are not intended to be used for removal bidding purposes. This document also is not intended as a contract manual; work methods and sequence, coordination of participants, applicable codes, engineering controls, required submittals and notifications should in all cases be addressed in a separate and independent bidding and contract document. Attachments: Chain of Custody and Lab report Consultant certifications 4of5 www.terraeng.com x AIH BULK ASBESTOS FIBER ANALYSIS 12611 Hiddencreek Way Ste #B Cerritos, CA 90703 K @ TESTING M:LAP LAE] CG7E 507074-C Phone:(562) 860-2201 www.aihlab.com Client Name: Terra Environmental Batch Number: 1701959 Project Manager: Ulises Monsalvo Total Samples Submitted: 6 Client Address: 12631 Imperial Hwy Ste A225 Santa Total Samples Analyzed: 6 Fe Springs, CA 90670 Analysis Method: EPA Method Client Job Number: Primetime Preschool 600/R-93-116 Client Job Location: 24933 New Hall Ave Newhall, CA 91321 Lab ID: 170195901 Client ID: 01 Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material 1. Black fibrous asphaltic material felt None Detected Glass Fibers 3%, Asphalt/Binder, Cellulose <1 /o Fine Particles Lab ID: 170195902 Client ID: 02 Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material 1. Black fibrous asphaltic material felt None Detected Glass Fibers 3%, Asphalt/Binder, Cellulose <1 /o Fine Particles Lab ID: 170195903 Client ID: 03 Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material 1. Black fibrous asphaltic material felt None Detected Glass Fibers 3%, Asphalt/Binder, Cellulose <1 /o Fine Particles Lab ID: 170195904 Client ID: 04 Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material 1. Black asphaltic mastic Chrysotile 4% None Detected Asphalt/Binder, Fine Particles Lab ID: 170195905 Client ID: 05 Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material 1. Black fibrous asphaltic material with granules Chrysotile 6% None Detected Asphalt/Binder, Fine Particles Lab ID: 170195906 Client ID: 06 Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material 1. Black fibrous asphaltic material with granules Chrysotile 6% None Detected Asphalt/Binder, Fine Particles Lab Notes at Page 2 V14 -IA Page 1 of 2 x AIH BULK ASBESTOS FIBER ANALYSIS 12611 Hiddencreek Way Ste #B Cerritos, CA 90703 Client Name: Terra Environmental Project Manager: Ulises Monsalvo Client Address: 12631 Imperial Hwy Ste A225 Santa Fe Springs, CA 90670 Client Job Number: Primetime Preschool Client Job Location: 24933 New Hall Ave Newhall, CA 91321 Analyzed by: Zubair Ahmed Reviewed by: Zubair Ahmed Signature: Signature: K11V @ 7ESTING M:LAP LAE] 077E 501079-6 Phone:(562) 860-2201 www.aihlab.com Batch Number: 1701959 Total Samples Submitted: 6 Total Samples Analyzed: 6 Analysis Method: EPA Method 600/R-93-116 Date: 03-01-2017 Date: 03-01-2017 Limit of Quantification ("L0Q")=1 %. <1% denotes presence of asbestos below LOQ. If the sample was not collected by AIH Laboratory then the accuracy of the results is limited by the methodology and experience of the sample collecter. Liability limited to cost of samples analysis. This report shall not be reproduced except in full, without written approval of AIH Laboratory. It shall not be used to claim product endorsement by NVLAP or any other agency of the government. Reported results relate only to the samples tested and may not be the representative of the sample area. AIH Laboratory shall dispose of the Customer's samples 30 days after receiving the samples unless instructed to store them for an alternate period of time in writing. Lab Notes at Page 2 V14 -IA Page 2 of 2 • �•��• 4 • • ' ' TERRA •�•�'•i�•� ENVIRONMENTAL State of California Department of Public Health Inspector/Assessor 09/01/2017 PAject Monitor 09/0112017 Israel Monsalvo State of California Division of Occupational Safety and Health Certified Asbestos Consultant Israel Mo�sa� H Ce 51 w vow Expit' This ce NtCa n s� fid; h ivision of Occupatio 1, authorized by Sections ��" Business and Professions Code. Israel Monsalvo, CAC, CDPH-I/A & PM Cal/OSHA-Certified Asbestos Consultant #04-3551 California Department of Public Health -Certified I/A, PM # 9699 12631 Imperial Hwy Suite A225. Santa Fe Springs, CA 90670 LAM&Crragng.com This Page is Omitted Intentionally EXHIBIT C Location Map 1�1:11:3k�ii�3tl Recycling Facilities CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING FACILITIES IN LOS ANGELES COUNTY Company Name & Address Phone Number Materials Accepted Recycling Business Hours Rate ANTELOPE VALLEY WASTE MANAGEMENT INC. (661) 947-7197 C&D debris: wood, metal, 78.14% LANCASTER LANDFILL Mon - Fri, 9am - 3:30pm drywall, cardboard, rock, soil, 600 East Avenue F Sat 8am - 12pm gravel, asphalt, concrete Lancaster ARROW TRANSIT MIX, INC. (661) 945-7600 Asphalt, concrete, concrete 100% 507 East Avenue L-12 Mon - Fri, 7am - 4pm blocks, gravel, rocks Lancaster SANTA CLARITA VALLEY BURRTEC SERVICES (866) 270-5370 C&D debris: wood, metal, 65% Mon - Fri, 7am - 5pm drywall, cardboard, rock, soil, gravel, asphalt, concrete REPUBLIC SERVICES (800) 299-4898 C&D debris: wood, metal, 65% Mon - Fri, 7am - 5pm drywall, cardboard, rock, soil, gravel, asphalt, concrete SANTA MONICA and WESTERN LOS ANGELES COUNTY SOUTHERN CALIFORNIA DISPOSAL (310) 828-6444 C&D debris: wood, metal, 65% 1908 Frank Street Mon - Sat, 6am - 2pm drywall, cardboard, rock, soil, Santa Monica gravel, asphalt, concrete SAN FERNANDO VALLEY AMERICAN RECLAMATION (323) 245-0125 C&D debris: wood, metal, 82.01% 4560 Doran Street Mon - Fri, 7am - 5pm drywall, cardboard, rock, soil, Los Angeles (near Glendale) Sat, 7am - 3pm gravel, asphalt, concrete BRADLEY EAST TRANSFER STATION (818) 767-6180 Wood, tree trimmings, 100% 9227 Tujunga Avenue Mon - Fri, 7am - 5pm green waste Sun Valley RECOLOGY LOS ANGELES (818) 767-6000 C&D debris: wood, metal, drywall, 70% formerly CROWN DISPOSAL 9147 DeGarmo Avenue open 24 hours, 7 days cardboard, rock, soil, green waste Sun Valley gravel, asphalt, concrete EAST VALLEY DIVERSION - W M (818) 252-0019 C&D debris: wood, metal, 75.17% 11616 Sheldon Street Mon - Fri, 6am - 6pm drywall, cardboard, rock, soil, Sun Valley Sat, 6am - 3pm gravel, asphalt, concrete NORTH HILLS RECYCLING (818) 364-1278 Brush, logs, plants, 100% 11700 Blucher Avenue Mon - Sat, 6am - 6pm tree trimmings, and Granada Hills clean lumber RAMCO (818) 767-0700 Asphalt, concrete, gravel, 100% 9005 Bradley Avenue 24 hours, 6am Monday rock, and sand. No dirt Sun Valley until 4pm Saturday CONSTRUCTION AND DEMOLITION DEBRIS (800) 839-5550 RECYCLING FACILITIES IN LOS ANGELES COUNTY Mon - Fri, 6am - 10pm Company Name & Address Phone Number Materials Accepted Recycling DIRECT DISPOSAL Business Hours C&D debris: wood, metal, 76.39% Rate THE REUSE PEOPLE (818) 244-5635 Architectural salvage 100% 3015 Dolores Street Mon - Fri, 10am - 5pm Los Angeles (near Glendale) Sat, 10am - 4pm VALLEY BASE MATERIALS (818) 767-3088 Asphalt, concrete, 100% 8960 Bradley Avenue open 24 hours, 7 days concrete block, Sun Valley gravel, rock VULCAN MATERIALS (818) 983-0146 Asphalt grindings, concrete 100% 11401 West Tuxford Street Mon - Fri, 6:30am-2:30pm Sun Valley SAN GABRIEL VALLEY and SOUTHEAST LOS ANGELES COUNTY CONSTRUCTION & DEMOLITION (323) 357-6900 C&D debris: wood, metal, 79.72% RECYCLING, INC. Mon - Fri, 4am - 4pm drywall, cardboard, rock, soil, 9309 Rayo Avenue Sat, 4am - 4pm gravel, asphalt, concrete South Gate DAN COPP CRUSHING (800) DUMPSITE Asphalt, concrete, gravel, rock 100% 12017 Greenstone Avenue Mon - Fri, 7am - 3:30pm Santa Fe Springs Sat, 7am - 1pm GREENCYCLE (562) 906-5223 Wood, soil, and greenwaste 100% 12815 East Imperial Highway Mon - Fri, 6:30am - 5pm including palm and yucca Santa Fe Springs Sat, 7am - 5pm PASADENA ARCHITECTURAL (626) 535-9655 Architectural salvage 100% SALVAGE Tue - Sat, 9am - 5pm 2600 East Foothill Boulevard Sun, 12pm - 5pm Pasadena PECK ROAD GRAVEL (626) 574-1855 Asphalt, concrete, brick 100% 128 East Live Oak Avenue Mon - Fri, 6am - 4:30pm Monrovia Sat, 6:00am-2:30pm SILVERLAKE ARCHITECTURAL (626) 445-1092 Architectural salvage 100% SALVAGE Daily, 1lam - 5pm 169 Cook Street Pasadena RECYCLED WOOD PRODUCTS (909) 868-6882 Green waste, soil 100% 1313 East Phillips Boulevard Mon - Fri, 7am - 5pm Pomona Sat, 7am - 1pm CITY OF LOS ANGELES AND CENTRAL LOS ANGELES COUNTY 25TH STREET RECYCLING 2121 East 25th Street Los Angeles (323) 583-7913 Concrete, concrete block, Mon - Fri, 6:30am - 11 pm asphalt Sat, 6am - 6pm 100% CALIFORNIA WASTE SERVICES (800) 839-5550 C&D debris: wood, metal, 74.99% 621 West 152nd Street Mon - Fri, 6am - 10pm drywall, cardboard, rock, soil, Gardena Sat, 7am - 7pm gravel, asphalt, concrete DIRECT DISPOSAL (323) 262-1604 C&D debris: wood, metal, 76.39% 3720 Noakes Street Mon - Fri, 5am - 4pm drywall, cardboard, rock, soil, Los Angeles (East L. A.) Sat, 6am - 1lam gravel, asphalt, concrete CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING FACILITIES IN LOS ANGELES COUNTY Company Name & Address Phone Number Materials Accepted Recycling Business Hours Rate DOWNTOWN DIVERSION - WM (213) 612-5005 C&D debris: wood, metal, 77.08% 2424 East Olympic Boulevard, Bldg. 3 Mon - Fri, 6am - 6pm drywall, cardboard, rock, soil, Los Angeles Sat, 6am - 3pm gravel, asphalt, concrete FREEWAY BUILDING MATERIALS (323) 261-8904 Architectural salvage 100% 1124 South Boyle Avenue Mon - Fri, 8am - 4pm Los Angeles Sat, 8am - 3pm SOUTHERN CALIFORNIA (213) 623-3119 Architectural salvage 100% ARCHITECTURAL SALVAGE Mon - Fri, 8am - 5pm 1600 South Santa Fe Avenue Sat - Sun, 9:30am - 3pm Los Angeles CITY OF LONG BEACH and SOUTHERN LOS ANGELES COUNTY ALLIED WASTE FALCON (562) 590-8531 C&D debris: wood, metal, 65% 3031 East "I" Street Mon - Fri, 6am - 6pm drywall, cardboard, rock, soil, Wilmington Sat, 6am - 2pm gravel, asphalt, concrete HANSON AGGREGATES (626) 856-6700 Option 1 Asphalt, concrete 100% 6956 Cherry Avenue Mon - Fri, 7am - 3:30pm North Long Beach Sat. 7am -2pm HANSON AGGREGATES (626) 856-6700 Option 1 Asphalt, concrete 100% 2850 California Avenue Mon - Fri, 7am - 3:30pm South Long Beach All Recycling Rates are based on the City of Los Angeles List and County of Los Angeles Data Research. Updated January 18, 2017 The companies listed and the information presented are subject to change without notice and are based on the most readily available information. The companies listed are not endorsed or recommended by the County, nor is the list necessarily inclusive of all recycling companies in the region. If you are a recycling company and you would like to be added to the database, or you have information to update the existing list, please call the Construction & Demolition Unit at (626) 458-3517