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Home My WebLink About2018-06-12 - AGENDA REPORTS - SC METROLINK STATION REPAIRS AND IMPROV (2)18 Metrolink Station Repairs and Improvements Project (Bid No.TMF-17-18-51). Notifications One bid was submitted to the City from Ramco General Engineering Contractors. Staff conducted an independent cost analysis in order to ensure the proposed pricing was reasonable and within industry standards. Staff concluded that the costs submitted by Ramco General Engineering Contractors were in line with industry standards. Staff recommends that Ramco General Engineering Contractors be awarded the contract to provide improvements and repairs to the Santa Clarita Metrolink Station. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact to the General Fund. The appropriation of $28,435 in Federal Transit Grant Funds will cover the total contract amount. ATTACHMENTS TMF-17-18-51 Santa Clarita Metrolink (available in the City Clerk's Reading File) Page 2 Packet Pg. 269 19 Agenda Item: 19 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: June 12, 2018 SUBJECT: AWARD CONTRACT FOR FUEL AND FLUID MANAGEMENT AT THE TRANSIT MAINTENANCE FACILITY TO S & A SYSTEMS, INC. DEPARTMENT: Neighborhood Services PRESENTER: Adrian Aguilar RECOMMENDED ACTION City Council: 1. Award a contract to S & A Systems Inc. for the purchase, installation, and support of the Fleetwatch fuel and fluid management system in the amount of $182,805, which includes five years of annual software license and support fees, and authorize a contingency of 10 percent in the amount of $18,280 for a total contract not to exceed $201,085. 2. Appropriate funds from Transit Fund Balance (700) in the amount of $201,085 to expenditure account 12400-5161.002 and increase Miscellaneous Federal Grants revenue account 700-4424.009 by $24,584 and Municipal Operator Service Improvement Program (MOSIP) revenue account 700-4424.007 by $176,501. 3. Authorize the City Manager or designee to execute all contracts and associated documents, or modify the award in the event that issues of impossibility of performance arise, subject to City Attorney approval. BACKGROUND In 2005, during the procurement for the federally funded construction of the Transit Maintenance Facility (TMF), the City of Santa Clarita (City) purchased and installed the Fleetwatch fuel and fluid management system. Fleetwatch is used to monitor and manage both the compressed natural gas and diesel fuel pumps at the TMF. Additionally, the Fleetwatch system monitors and tracks the usage of fluids such as oil and additives and helps to ensure the proper fluids are used for each vehicle type in the Transit fleet. Page 1 Packet Pg. 270 CITY OF SANTA CLARITA _____________________________________________________________ CONTRACT DOCUMENTS AND SPECIAL PROVISIONS Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 Bid Opening Date: Monday, May 14, 2018 Bid opening Time: 11:00 A.M. TABLE OF CONTENTS Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 TITLESECTION NOTICE INVITING BIDS ................................................................................................................ A INSTRUCTIONSTO BIDDERS ...................................................................................................... B PROPOSAL ..................................................................................................................................... C CAPITAL IMPROVEMENT PROJECT AGREEMENT ................................................................... D FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND GENERAL SPECIFICATIONS ........................................................................................................ E GENERAL PROVISIONS ................................................................................................................ F ATTACHMENTS 1. LABOR COMPLIANCE PROGRAM .......................................................................................... G 2. CONSTRUCTION DEMOLITION MAINTENANCE MANAGEMENT PLAN ............................. H 3. FEDERAL PREVAILING WAGES ............................................................................................... I EXHIBIT A..............................................................................................Supporting Documents TMF-17-18-51 SECTION – A NOTICE INVITING BIDS NOTICE INVITING BIDS Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 The City of Santa Clarita is seeking bids for qualified and experienced vendors to make several repairs and improvements to the Santa Clarita Metrolink Station, 22122 Soledad Road Santa Clarita, CA 91350. Bids must be uploaded to the PlanetBids website before 11:00 am on Monday, May 14. Specifications for this electronic bid may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# Specifications for this bid may be downloaded from the City’s Purchasing website at: www.santa-clarita.com/puchasing. Please refer to specifications for complete details and bid requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the bid documents may also be viewed at City Clerk’s office, suite 120. Addenda, if issued by the Agency, will be transmitted via PlanetBids. Addenda must be digitally acknowledged through PlanetBids in addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with the bid proposal, the bid may be deemed non-responsive and rejected. Bid Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# The last day for questions will be 10:00 am - Monday, May 7, 2018.Work shall be done in accordance with the contract documents known as Santa Clarita Metrolink Station Repairs and Improvements,City Bid TMF-17-18-51. The work is expected to cost approximately $60,000. This project will repair worn and/or damaged existing infrastructure and install additional items to enhance the overall appearance of the station. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, A or B contractors license, at the time that a contract for this A-1 Project TMF-17-18-51 work is awarded. Failure to meet those aforementioned requirements by the bidders or apparent low bidder to obtain proper and adequate licensing and construction experience for an award of a contract shall constitute a NON-RESPONSIVE AND RESPONSIBLE BIDDER 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 A.M. on Tuesday, May 1, 2018 at the Santa Clarita Metrolink, 22122 Soledad Canyon Road, Santa Clarita, CA 93350. The job walk is not mandatory but contractors are encouraged to attend. This is the only time the site will be available for inspection. This contract is subject to both State and Federal prevailing wages requirements of the California Labor Code including Section 1770, 1771.5, 1773, 1777.5 and 1776, The Davis-Bacon and Related Acts and the City’s California Department of Industrial Relations (DIR) approved Labor Compliance Program (LCP). All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/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. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor may be found at http://www.wdol.gov/. Attention is directed to the Federal minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rage. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience” or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. Addenda to modify the Federal minimum wage rates, if necessary will be issued A-2 Project TMF-17-18-51 to holders of “Proposal and Contract” books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rages. A copy of the prevailing rate of per diem wages shall be posted at the job site. This is a federally assisted project and the Davis Bacon Act will be enforced. Contractor shall further adhere to the requirements contained in the City of Santa Clarita’s Labor Compliance Program, approved initially by the DIR for projects with a Bid Advertise Date of November 20, 2003 or later, and which will become part of the conformed documents. All pertinent California statutes and regulations, including, but not limited to those referred to in the City’s Labor Compliance Program, are incorporated herein by reference as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such. 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 submit certified copy of all Certified Payroll Records (CPRs) with the progress payment on at least monthly basis to the City. Although the City of Santa Clarita has not established a DBE contract-specific goal on this project, all race-neutral DBE participation will count toward the City’s federally mandated overall DBE goal. DBE requirements are discussed in SECTION B – INSTRUCTIONS TO BIDDERS. City Project Manager: Grace Ferguson Contact Via Planetbids Q&A Tab Published three (3) times: April 25, April 28 and May 2, 2018. A-3 Project TMF-17-18-51 SECTION – B INSTRUCTIONS TO BIDDERS SECTION B: INSTRUCTIONS TO BIDDERS Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 1.SUBMITTING PROPOSALS a.The bid response must be ELECTRONICALLY uploaded to PlanetBids and include the notice, Request for Bid Schedule, and all forms or information included in or required by Section B, Specifications, (attachments accepted) 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 d.Non-Collusion Form. 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. 2.BONDS When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at st least 10% of the total value of the bid OR 10 % of the value of the 1 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). TMF-17-18-51 City of Santa Clarita B-1 SECTION B: INSTRUCTIONS TO BIDDERS 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.BID QUESTIONS Questions must be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# The last day for questions will be 10:00 A.M. Monday, May 7, 2018 4.PROPOSAL FORMS Bids shall be submitted in writing and on the PROPOSAL forms (see Section C) provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements. 5.PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified check, cashier’s check or BIDDER’s bid bond payable to the AGNECY or cash deposit in the amount not less than ten (10) percent of the total amount bid. Proposals not accompanied by such a guarantee will be deemed non-responsive and will not be considered. If a BIDDER to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGNECY. Proposal guarantees of all BIDDERS will be held until the successful BIDDER has properly executed all contract documents. The bonding company must be listed on Treasury Circular 570 and licensed to conduct business in the state of California, or licensed by the California State Department of Insurance to issue sureties. 6.DELIVERY OF PROPOSAL Proposals must be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# before 11:00 a.m., Monday, May 14, 2018 at which time, or shortly thereafter, they will be publicly opened and read in Suite 120 at Santa Clarita City Hall – 23920 Valencia Boulevard, Santa Clarita, CA 91355. TMF-17-18-51 City of Santa Clarita B-2 SECTION B: INSTRUCTIONS TO BIDDERS 7.WITHDRAWL 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 be prejudice the right of the BIDDER to submit a new proposal, providing there is time to do so. 8.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, and alternations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 9.RECOGNITION OF BONDING COMPANIES All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond. 10.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. 11.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 Class C-10 at the time a contract for this work is awarded. Any BIDDER which has been debarred by any PUBLIC AGENCY in the last ten (10) years is deemed not to be a qualified bidder for the purposes of this project. TMF-17-18-51 City of Santa Clarita B-3 SECTION B: INSTRUCTIONS TO BIDDERS 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 is currently debarred by any PUBLIC AGENCY 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. 12.DEBARMENT AND SUSPENSION Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Lower Tier Covered Transactions. Instructions for Certification (a) By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. (b) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, City of Santa Clarita may pursue available remedies, including suspension and/or debarment. (c) The prospective lower tier participant shall provide immediate written notice to City of Santa Clarita if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (d) The terms “covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “participant”, “persons”, “lower tier covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 \[49 CFR Part 29\]. You may contact City of Santa Clarita for assistance in obtaining a copy of those regulations. (e) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with TMF-17-18-51 City of Santa Clarita B-4 SECTION B: INSTRUCTIONS TO BIDDERS a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by City of Santa Clarita. (f) The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (g) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. (h) Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (i) Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal government, City of Santa Clarita may pursue available remedies including suspension and/or debarment. “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction” (j) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its “principals” \[as defined at 49 C.F.R suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (k) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. 13.INSPECTION OF WORKSITE BIDDERS are encouraged to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means, as they may prefer, of the location of the proposed work and as to the TMF-17-18-51 City of Santa Clarita B-5 SECTION B: INSTRUCTIONS TO BIDDERS actual conditions of the site of work. if, during the course of his examination, a BIDDER finds facts or conditions which appear to conflict with the letter or spirit of the Contract Documents, or with any other data furnished, he shall apply to the AGENCY in writing in accordance with INTERPRETATION OF CONTRACT DOCUMENTS (See Below) for additional information and explanation before submitting the bid. The submission of a proposal by the BIDDER shall constitute the acknowledgement that, if awarded the contract, he has relied and is relying on his own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work to be constructed under the contract, and not on any representation or warranty of the AGENCY or any other entity. No claim for additional compensation will be allowed which is based upon lack of knowledge of the above items. 14.INTERPRETATION OF CONTRACT DOCUMENTS Errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals. No oral interpretation will be made to any BIDDER as to the meaning of the Contract Documents. Questions and requests for interpretation shall be made in writing and submitted to the AGENCY no later than the time an date specified on the NOTICE INVITING BIDS. Interpretations by the GENCY will be in form of an addendum to the Contract Documents, and when issued will be sent as promptly as practical to all parties to whom the Contract Documents have been issued prior to the bid opening date. All such addenda shall become part of the contract. All questions should be directed to the City’s purchasing website. 15.CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE BIDDER’S attention is called to the provisions set forth in the Special Provisions, SECTION 6 – PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK, particularly those pertaining to the contract period and liquidated damages. 16.EXAMINATION OF CONTRACT DOCUMENTS & BID PRICES BIDDER shall examine carefully the entire site of the work, including but not restricted to, the conditions and encumbrances related thereto, the plans and specifications, drawings and Addenda (if any), and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that BIDDER has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents. TMF-17-18-51 City of Santa Clarita B-6 SECTION B: INSTRUCTIONS TO BIDDERS 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 email as instructed and with the date and time given for BIDDERS questions in the most current NOTICE INVITING BIDS. Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, finishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the Contract Documents. 17.BID CORRECTION RULES In the case of a mathematical discrepancy or discrepancies in the bid submitted, the City shall apply the following rules to correct the bid amount: 1.Unit prices shall govern over extended item prices 2.The total of the extended items prices, corrected if necessary by Rule #1, will govern over the Total Amount of the Bid 3.If the Total Amount of the Bid, as submitted by the Bidder, has a discrepancy between the number amount and the amount written in words, then words shall govern. This rule shall not apply if the City has corrected the Total Amount of the Bid pursuant to Rule #1 and/or Rule #2. 18.EQUIVALENT MATERIALS Products designated to match others in use have been identified with “No Substitutes”. “Or equals” will not be permitted on “no substitute” items. The designation of materials, equipment, and products on the plans in the specifications not identified by “No Substitutes” are intended to indicate a minimum standard of quality, aesthetic appearance, utility, and degree of detail required. This “form, fit, and function” requirement includes the desired type and level of activity, social interaction, and mental stimulus to be experienced by the end user. TMF-17-18-51 City of Santa Clarita B-7 SECTION B: INSTRUCTIONS TO BIDDERS 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. 19.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. 20.LEGAL RESPONSIBILITIES Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature, whether the same are expressly referred to herein or not. BIDDERS submitting a proposal shall, by such action thereby, agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the plans, specifications, and other contract documents, and to full compliance therewith. Additionally, BIDDERS submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification, or type of workman required, as set forth by the Director of Industrial Relations of the State of California. Attention is directed to the Federal minimum wage rate requirements in the books entitled “Proposal and Contract”. If there is a difference between the Federal minimum wage rates predetermined by the Sectary of Labor and the State general prevailing wage rate determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and subcontractors shall pay not less than the higher wage rate. 21.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 seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative TMF-17-18-51 City of Santa Clarita B-8 SECTION B: INSTRUCTIONS TO BIDDERS 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. 22.PROTECTION OF RESIDENT WORKERS The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 23.AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of ninety (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 TMF-17-18-51 City of Santa Clarita B-9 SECTION B: INSTRUCTIONS TO BIDDERS The AGENCY reserves the right to increase or decrease the amount of any or all of the approximate quantity shown in the Bid Schedule, and to add or delete the type and extent of work, which has been identified and summarized in Exhibit “A.” Limits of work are within the limits of the City of Santa Clarita and are located in the community of Valencia. Increases or decreases in the quantities of work within the limits specified shall in no way invalidate the unit bid or contract prices. No claim shall be made by the Contractor for any loss of anticipated profits because of any such alteration or by reason of any variation between the approximate quantities and the quantities of work as done. 24.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. 25.REGISTRATION OF CONTRACTORS The successful Bidder shall possess a State Contractor’s License, Class A or C-32, 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, or the Business and Professions Code. 26.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. 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.” TMF-17-18-51 City of Santa Clarita B-10 SECTION B: INSTRUCTIONS TO BIDDERS 27.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. 28.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 nature in which require material changes in quantities or price bid, or both, the date set for opening bids may be postponed by such number of days as, in the opinion of the AGENCY, will enable BIDDERS to revise their bids. In such cases, the addendum will include an announcement of the new date for opening bids. The BIDDER is required to acknowledge all issued addendums at the time of bid opening. Failure to sign and return all submitted addendums will result in disqualification of the submitted bid. It is the BIDDERS responsibility to ensure all addendums have been received before the bid opening. 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. F)If subcontractor is participating as a Disadvantaged Business Enterprise (DBE), the following additional information is required on the “Designation of Subcontractors” form enclosed: Status as a DBE, age of the firm and the annual gross receipts. Submit the list “Subcontractor’s List” from enclosed herewith. No Contract shall be considered unless such list is submitted as required. TMF-17-18-51 City of Santa Clarita B-11 SECTION B: INSTRUCTIONS TO BIDDERS The City of Santa Clarita reserves the right to reject any and all bids, or delete portions of any and all bids, or waive any informality in the bid not affected by law. Before entering into a Contract, the successful BIDDER shall furnish a statement of his financial condition and previous construction experience or such evidence of his qualifications as may be required by the contracting AGENCY. 29.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. 30.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 contract. The form of Bidder’s Bond provided in Section C, “Proposal” of the Standard Specification shall be included with the Proposal. In conformance with the 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. TMF-17-18-51 City of Santa Clarita B-12 SECTION B: INSTRUCTIONS TO BIDDERS 31.FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation, those listed directly or by reference in the Agreement (Form FTA MA (2) dated October 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract. 32.NO OBLIGATION BY THE FEDERAL GOVERNMENT (a) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (b) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 33.FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. This certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. TMF-17-18-51 City of Santa Clarita B-13 SECTION B: INSTRUCTIONS TO BIDDERS The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influenced a covered Federal action; or 2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, 3. A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. 34.DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS The following requirements apply: (1)Minimum wages – (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time TMF-17-18-51 City of Santa Clarita B-14 SECTION B: INSTRUCTIONS TO BIDDERS actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an dditional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1.Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and 2.The classification is utilized in the area by the construction industry; and 3.The proposed wage rage, including any bonafied fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4.With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will TMF-17-18-51 City of Santa Clarita B-15 SECTION B: INSTRUCTIONS TO BIDDERS issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so TMF-17-18-51 City of Santa Clarita B-16 SECTION B: INSTRUCTIONS TO BIDDERS advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)Withholding- The City of Santa Clarita shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Santa Clarita may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3)Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her TMF-17-18-51 City of Santa Clarita B-17 SECTION B: INSTRUCTIONS TO BIDDERS correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Santa Clarita for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; TMF-17-18-51 City of Santa Clarita B-18 SECTION B: INSTRUCTIONS TO BIDDERS (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less TMF-17-18-51 City of Santa Clarita B-19 SECTION B: INSTRUCTIONS TO BIDDERS than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees- Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a TMF-17-18-51 City of Santa Clarita B-20 SECTION B: INSTRUCTIONS TO BIDDERS training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5)Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6)Subcontracts- The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 TMF-17-18-51 City of Santa Clarita B-21 SECTION B: INSTRUCTIONS TO BIDDERS CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 35.BREACH/DISPUTE RESOLUTION Disputes.Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City of Santa Clarita’s \[title of employee\]. This decision shall be final and conclusive unless within \[ten (10)\]days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the \[title of employee\]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the \[title of employee\] shall be binding upon the Contractor and the Contractor shall abide by the decision. Performance During Dispute.Unless otherwise directed by City of Santa Clarita, Contractor shall continue performance under this Contract while matters in a dispute are being resolved. Claims for Damages. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies.Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Santa Clarita and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Santa Clarita is located. Rights and Remedies.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Santa Clarita, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under TMF-17-18-51 City of Santa Clarita B-22 SECTION B: INSTRUCTIONS TO BIDDERS the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 36.RECYCLED PRODUCTS The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 37.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. ''3801 et seq. and U.S. DOT regulation, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. '5307, the Government reserves the right to impose the penalties of 18 U.S.C. '1001 and 49 U.S.C. '5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (c) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TMF-17-18-51 City of Santa Clarita B-23 SECTION B: INSTRUCTIONS TO BIDDERS 38.TERMINATION (a) Termination for Convenience. The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid to the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. (b) Termination for Default \[Breach or Cause\]. If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (c) Opportunity to Cure. The City in its sole discretion may, in the case of a termination for breach or default, allow the contractor \[an appropriately short period of time\] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to City’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within \[ten (10) days\] after receipt by Contractor or written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against contractor and its sureties for said breach or default. (d) Waiver of Remedies for any Breach. In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit TMF-17-18-51 City of Santa Clarita B-24 SECTION B: INSTRUCTIONS TO BIDDERS City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. (e) Termination for Default. If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. 39.CIVIL RIGHTS The following requirements apply to the underlying contract: (a) Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. ' 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. '6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. ' 12132, and Federal transit law at 49 U.S.C. ' 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in termination of this contract or such other remedy as the City deems appropriate. (b) Equal Employment Opportunity. The following equal employment opportunity requirements apply to the underlying contract: (1) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. ' 2000e, and Federal transit laws at 49 U.S.C. ' 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, ”Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 1122246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal TMF-17-18-51 City of Santa Clarita B-25 SECTION B: INSTRUCTIONS TO BIDDERS Employment Opportunity,” 42 U.S.C. ' 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (2) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. '' 623 and Federal transit law at 49 U.S.C.' 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. ' 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, “ 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Subcontracts. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 40.ADA ACCESS/ACCESSIBILITY. The Recipient agrees to comply with Federal prohibitions against discrimination against elderly individuals or individuals with disabilities of: (1)The following Federal laws: a.4949 U.S.C. § 5301(d), which acknowledges that elderly individuals and individuals with disabilities have the same right as others to use public transportation, and that special efforts must be made to plan and assure that they do have similar access to public transportation, TMF-17-18-51 City of Santa Clarita B-26 SECTION B: INSTRUCTIONS TO BIDDERS b.Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, c.The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, d.The Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, e.Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, FTA Master Agreement MA(18), 10-1-2011 59 (2)The following Federal regulations: a.U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. Part 37 b.U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27, c.Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38, d.U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. Part 35, e.U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36, f.U.S. General Services Administration (U.S. GSA) regulations, “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19, g.U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630 h.U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 47 C.F.R. Part 64, Subpart F, i.U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards, “36 C.F.R. Part 1194 TMF-17-18-51 City of Santa Clarita B-27 SECTION B: INSTRUCTIONS TO BIDDERS j.FTA regulations, “Transportation for Elderly and Handicapped Persons, ” 49 C.F.R. Part 609, and (3)Other applicable Federal civil rights and nondiscrimination directives. 41.STATE AND LOCAL LAW DISCLAIMER. The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. 42.INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS. The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Santa Clarita requests which would cause City of Santa Clarita to be in violation of the FTA terms and conditions. 43.ACCESS TO RECORDS/REPORTS The following access to records requirements apply to this contract: a.Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(I), the contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17, to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. b.Where the Purchaser is a State and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA TMF-17-18-51 City of Santa Clarita B-28 SECTION B: INSTRUCTIONS TO BIDDERS administrator or his authorized representatives, including any PMO Contractor, access to the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302 (a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. c.Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital, or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. d.Where any Purchaser which is the FTA Recipient or subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. e.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonable needed. f.The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigations, appeals, claims or exceptions related thereto. Reference 49 CFR 18.38(I)(11). 44.DISADVANTAGED BUSINESS ENTERPRISE (DBE) – Under 49 CFR 26.13(b): It is the Bidder’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26 and the City of Santa Clarita’s (City’s) DBE Program developed pursuant to these regulations. Particular attention is directed to the following: TMF-17-18-51 City of Santa Clarita B-29 SECTION B: INSTRUCTIONS TO BIDDERS a.A DBE must be a small business firm defined pursuant to 13 CFT 121 and be certified through the California Unified Certification Program (CUCP). b.A certified DBE must perform a commercially useful function pursuant to 49 CFR 26.55 that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. c.Bidder must not claim DBE participation as attained until the amount to be claimed is paid and fully adheres to DBE crediting provisions. If the Bidder has committed to utilize DBE(s) in the performance of this DOT-assisted contract, the Bidder’s submittal “Race-Neutral DBE Participation Listing” will be utilized to monitor Bidder’s DBE commitments, unless otherwise directed and/or approved by the City prior to the Bidder effectuating any changes to its DBE participation commitment(s). Bidder must complete and submit all required DBE documentation to effectively capture all DBE utilization on the City’s DOT-assisted contracts whether achieved race neutrally or race consciously. Even if a Bidder has not committed to utilize DBE(s) in the performance of this contract, the Bidder must execute and submit all required DBE forms and other related documentation as specified under this contract or as otherwise requested by the City. No changes to the Bidder’s DBE Commitment must be made until proper protocols for review and approval of the City are rendered in writing. 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 49 CFR part 26 in the award and administration of 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. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agency specifies a goal for Disadvantaged Business Enterprises (DBEs). DBE is a firm that meets the definition of DBE. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. TMF-17-18-51 City of Santa Clarita B-30 SECTION B: INSTRUCTIONS TO BIDDERS Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: http://www.dot.ca.gov/hq/bep/find_certified.htm All DBE participation will count towards the DBE goal. DBE participation will count towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. 45.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), 2016 Edition, and these special provisions for the requirements and conditions concerning award and execution of contract. The “Bidder’s Information and Certification” form should be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. A W-9 form will be included in the contract documents to be executed by the successful bidder. The purpose of the form is to facilitate the collection of taxpayer identification data. The form shall be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. For the purposes of the form, payee shall be deemed to mean the successful bidder. The form is not to be completed for subcontractors or suppliers. Failure to complete and return the “W-9” form to the Agency as provided herein will result in the retention of 31 percent of payments due the contractor and TMF-17-18-51 City of Santa Clarita B-31 SECTION B: INSTRUCTIONS TO BIDDERS penalties of up to $20,000. This retention of payments for failure to complete the “W-9” form is in addition to any other retention of payments due the Contractor. 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 guarantee. The executed contract documents shall be delivered to the following address: 23920 Valencia Boulevard, Suite 120. Santa Clarita, CA 91355 46.BONDING Bid Bond Requirements (a) Bid Security A Bid Bond in the amount of 10% of the total value of the bid must be issued by a fully qualified surety company acceptable to City of Santa Clarita and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder and licensed to do business in the State of California. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by City of Santa Clarita to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of \[ninety (90)\] days subsequent to the opening of bids, without the written consent of City of Santa Clarita. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within \[ninety (90)\] days after the bid opening without the written consent of City of Santa Clarita, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of City of Santa Clarita’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder’s Bid Bond, Certified Check, Cashier’s Check, Treasurer’s Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by City of Santa Clarita as provided in \[Item x “Bid Security” of the Instructions to Bidders\]) shall prove inadequate to fully recompense City of Santa TMF-17-18-51 City of Santa Clarita B-32 SECTION B: INSTRUCTIONS TO BIDDERS Clarita for the damages occasioned by default, then the undersigned bidder agrees to indemnify City of Santa Clarita and pay over to City of Santa Clarita the difference between the bid security and City of Santa Clarita’s total damage, so as to make City of Santa Clarita whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds (1) The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City of Santa Clarita determines that a lesser amount would be adequate for the protection of the City of Santa Clarita. (2) The City of Santa Clarita may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City of Santa Clarita may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds (1) The penal amount of the payment bonds shall equal: (A) Fifty percent of the contract price if the contract price is not more that $1 million; (B) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (C) Two and one half million if the contract price is more than $5 million. (2) If the original contract price is $5 million or less, the City of Santa Clarita may require additional protection as required by subparagraph 1 if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The City of Santa Clarita shall determine the amount of the advance payment bond necessary to protect the City of Santa Clarita. Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The City of Santa Clarita shall determine the amount of the patent indemnity to protect the City of Santa Clarita. TMF-17-18-51 City of Santa Clarita B-33 SECTION B: INSTRUCTIONS TO BIDDERS Warranty of the Work and Maintenance Bonds (a) The Contractor warrants to City of Santa Clarita, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by City of Santa Clarita, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the \[Project Manager\], the Contractor, shall furnish satisfactory evidence as to the kind and quality of materials and equipment. (b) The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by City of Santa Clarita and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to City of Santa Clarita. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment \[as provided in Item X below\], furnish separate maintenance (or Guarantee) Bonds in form acceptable to City of Santa Clarita written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor’s obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 47.SPECIFICATIONS BY BRAND OR TRADE NAMES NOT PERMITTED - EXCEPTION Pursuant to the Public Contract Code, Division 2, Part 1, Chapter 3, §3400. Bids on public works; specifications by brand or trade names not permitted; exception: (a) No Agency of the state, nor any political subdivision, municipal corporation, or district, nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of Public Works, shall draft or cause to be drafted Specifications for Bids, in connection with the construction, alteration, or repair of Public Works, (1) in a manner that limits the bidding, directly, or indirectly, to any one specific concern, or (2) calling for a designated material, product, thing, or service by specific brand, or trade name, unless the specification is followed by the words “or approved equal” so that Bidders may furnish any equal material, product, thing, or service. In applying this section, the specifying Agency shall, if aware of an equal product manufactured in this state, name that product in the specification. TMF-17-18-51 City of Santa Clarita B-34 SECTION B: INSTRUCTIONS TO BIDDERS Specifications shall provide a period of time prior to the award of the Contract for submission of data substantiating a request for a substitution of “an approved equal” item. (b) Subdivision (a) is not applicable if the awarding authority, or its designee, makes a finding that is described in the Invitation for Bids or Request for Proposals that a particular material, product, thing, or service is designated by specific brand or trade name for any of the following purposes: (1) In order that a field test or experiment may be made to determine the product's suitability for future use. (2) In order to match other products in use on a particular public improvement either completed or in the course of completion. (3) In order to obtain a necessary item that is only available from one source. (4)(A) In order to respond to an emergency declared by a local Agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local Agency issuing the Invitation for Bid or Request for Proposals. (4)(B) In order to respond to an emergency declared by the state, a state Agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the Invitation for Bid or Request for Proposals. 48.PEROFMANCE 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 contractor should notify the Project Manager in writing of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. 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. TMF-17-18-51 City of Santa Clarita B-35 SECTION B: INSTRUCTIONS TO BIDDERS 49.SUBCONTRACTING Attention is directed to the provisions in Section 2-3.2 of SSPWC, 2015 Edition, “Subcontracts”, and the special provisions in Section F that the Contractor perform not less than 30 percent of the original contract work with the Contractor’s own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the “Required Contract Provisions Federal-Aid Construction Contracts” in Section H of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in the termination of the contract. 50.PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than ten (10) days of receipt of each progress payment in accordance with the provision of Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The ten days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE subcontractors. 51.PROMPT PAYMENT OF FUNDS WITHELD TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.9) requires that any delay or postponement of payment over thirty days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the TMF-17-18-51 City of Santa Clarita B-36 SECTION B: INSTRUCTIONS TO BIDDERS 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. 52.TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21 as they may be amended from time to time, (hereafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, including procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a sub-agreement, including procurements of materials or leases of equipment, each potential sub0applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Federal Transportation Authority to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the Federal Transportation Authority as appropriate, and shall set forth what efforts CONTRACTOR has mad to obtain the information. TMF-17-18-51 City of Santa Clarita B-37 SECTION B: INSTRUCTIONS TO BIDDERS (5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the Federal Transportation Authority shall impose such agreement sanctions as it deems appropriate, including but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs 1 through 6 in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the Federal Transportation Authority may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the Federal Transportation Authority enter into such litigation to protect the interests of the State, and, in addition CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 53.PROTEST PROCEDURES Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff. The protest must be in writing, on business letter head address to the City Manager and delivered to the City Clerk. (1)Definitions “Bidder” means any person or firm providing a timely, written response to the City solicitation. “Bid Protest” means any protest with regard to the response submitted by another bidder. “Response” means the written response to the City solicitation provided by a person or firm. “Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation. “Solicitation” means the document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response. TMF-17-18-51 City of Santa Clarita B-38 SECTION B: INSTRUCTIONS TO BIDDERS (2)Format The protest must be in writing and include the following information at a minimum: (a)The name, address and phone number of the protester, or the authorized representative of the protester; (b)The signature of the protester or authorized representative of the protester; (c)The solicitation number and title under which the protest is submitted; (d)A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and (e)The form of relief requested. (3) Solicitation Protests Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work or process, must be received by the City’s Purchasing Agent not more than five (5) calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the Purchasing Agent on any solicitation protest shall be final. (4) Bid Protest and Review (a)The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven (7) calendar days after the bid opening. (b) A copy of the protest must be served upon the bidder subject to the protest in the same manner by which the protest was submitted to the City Manager. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest. (c) A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven (7) calendar days after the protest has been served by the protesting bidder. TMF-17-18-51 City of Santa Clarita B-39 SECTION B: INSTRUCTIONS TO BIDDERS (d) The City Manager or designee shall have up to ten (10) 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 fourteen (14) calendar days of receipt of the bid protest. The City Manager or designee may extend the ten (10) calendar days if necessary to review additional information requested from any bidder. (e) The decision of the City Manager or designee on the bid protest shall be final with no further review. (5) State or Federal Funding (a) If the subject matter of the solicitation or project is receiving any State or Federal funds which require a protest procedure different than the procedures stated above, then that protest procedure shall control. (b) In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project. (6)Mandatory Procedure This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions. FEDERAL REQUIREMENTS (FEDERAL TRANSIT ADMINISTRATION) I.DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION A.DBE Goal Although the City of Santa Clarita (hereinafter referred to as “City”) has not established a DBE contract-specific goal on this project, all race-neutral DBE participation will count toward the City’s federally mandated overall DBE goal. B.DBE Policy and Applicability The City receives federal financial assistance from the Federal Transit Administration (FTA) of the United States Department of Transportation (U.S. DOT) and as a condition of receiving such assistance has developed a Disadvantaged Business Enterprise (DBE) Program (accessible via the City’s website) in accordance with federal regulations published under Title 49 CFR, Part 26 and subsequent Guidance. TMF-17-18-51 City of Santa Clarita B-40 SECTION B: INSTRUCTIONS TO BIDDERS The City’s DBE Program sets forth the policies and procedures to be implemented by the City to ensure that DBEs have an equitable opportunity to participate in the City’s federal-aid contracting opportunities. Furthermore the DBE Program Manual describes the processes, procedures, documents, authorizations, approvals and certifications, necessary to maintain compliance with DBE requirements and ensure the City’s continued receipt of federal-aid funds for local transportation projects. The project is subject to the DBE requirements of the City’s DBE Program Manual and Title 49 CFR, Part 26 are hereby incorporated into this Contract by reference. Additionally, all DBE participation will count toward the City’s federally mandated overall DBE goal. Pursuant to the intent of these Regulations, it is the policy of the City to: Implement strategies that promote the spirit and intent of the Federal DBE Program regulations published under U.S. DOT Title 49 CFR Part 26, by ensuring that DBEs have equitable access and opportunities to participate in all of City’s DOT-assisted contracting opportunities. Ensure non-discrimination in the award and administration of City’s DOT-assisted contracts. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts. Ensure that only firms that meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs. Help remove barriers to the participation of DBEs in DOT -assisted contracts. Provide training and other assistance through our resource partners to address capital, bonding and insurance needs. Assist in the development of firms that can compete successfully in the marketplace outside the DBE Program. The City shall not discriminate on the basis of race, color, national origin or gender in the award and performance of any U.S. DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The City shall take all necessary and reasonable steps under Part 26 to ensure non-discrimination in the award and administration of U.S. DOT assisted contracts. The City's DBE Program, as required by Part 26 and as approved by the U.S. DOT, is incorporated by reference in this agreement. Implementation of this Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the City of its failure to carry out its approved Program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) Pursuant to 49 CFR 26.13(b): Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. TMF-17-18-51 City of Santa Clarita B-41 SECTION B: INSTRUCTIONS TO BIDDERS Any terms used in this section that are defined in 49 CFR Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the Regulations. In the event of any conflicts or inconsistencies between the Regulations and the City’s DBE Program with respect to DOT-assisted contracts, the Regulations shall prevail. C.Race-Neutral DBE Program Measures The City will utilize Race-Neutral means in meeting its overall DBE Program goal. The City plans to implement the following race-neutral measures to comply with 49 CFR Part 26.51 and Section V of the California Department of Transportation DBE Program Implementation Agreement for Local Agencies: Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces);Planned Race-Neutral Measures: The City will post all bids over $40,000 through Planetbids to ensure an open, fair and competitive selection process. This system allows firms to register for consideration for future Invitations for Bids (IFB) or Requests for Bids (RFP) opportunities and receive instant alerts regarding pre-bids, addendums and contract documents. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing); Planned Race-Neutral Measures:The City will, through its website refer the DBE and Small Business Contracting Community to the SBA Bonding Assistance Program. Visit the U.S. Small Business Administration website: www.sba.gov/surety-bonds. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate); Planned Race-Neutral Measures: The City provides DBEs and Small Business firms the ability to utilize and review bid/procurement plans at through Planetbids to provide an equal opportunity for all business enterprises to participate in their purchasing and contracting activities. The City has informed the procurement community and small business firms that this resource has been made available to via the City’s website. The City is confident that providing DBEs and Small Business firms online access to these crucial plans at minimal cost will aid in leveling the playing field and enable them to submit quality proposals and bids. Planetbids will provide firms with the efficiency tools to search and track projects, competitors, bid partners, and historical bid information and results. TMF-17-18-51 City of Santa Clarita B-42 SECTION B: INSTRUCTIONS TO BIDDERS Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBEs and other small businesses; Planned Race-Neutral Measures:The City will actively promote the SBA Bonding Assistance Program and California Department of General Services (DGS) to its market place contractors, consultants and vendors through the City’s website by directing them to www.sba.gov/surety-bonds and www.dgs.ca.gov/pd/Programs/OSDS.aspx Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; Planned Race-Neutral Measures:The City will advise its Contracting Community of the availability of the California Unified Certification Program (CUCP) database (directory of Certified DBEs) website at www.dot.ca.gov/hq/bep/find_certified.htm Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; Planned Race-Neutral Measures: The City has completed and posted Business Resource Links on their website to assist new DBE and Small Business firms in obtaining crucial guidance and assistance when competing for and completing the City’s projects, inclusive of several links providing firms with tools for success. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. Planned Race-Neutral Measures: The City will advise the DBE and Small Business community to participate and attend DGS’s courses specifically offered through the DGS website via http://apps.cta.ca.gov/EMC/SBDVBE. Additionally, the City’s utilization of Planetbids allows firms to register for consideration for future Invitations for Bids (IFB) or Requests for Proposals (RFP) opportunities and submit bids electronically. By registering on the online system, DBEs and small businesses will be notified via email of upcoming bidding and proposal opportunities in the areas of work they have registered interest in performing D.Definitions Any terms used in this Program that are defined in 49 CFR Part 26 or elsewhere in the Regulations shall have the meaning set forth in the Regulations. The following definitions apply to the terms as used in these provisions: Bidders List: A list of all contractors that have expressed an interest in bidding on prime and subcontracts on the City’s U.S. DOT-assisted projects. California Unified Certification Program (CUCP): California’s one-stop certification clearinghouse which standardizes DBE certification criteria across all certifying members of the CUCP and enables applicants to apply once for DBE certification, which will be honored by all DOT recipients within California. Code of Federal Regulations (CFR): Codification of the general and permanent rules and regulations of the executive departments and agencies of the U.S. federal government. TMF-17-18-51 City of Santa Clarita B-43 SECTION B: INSTRUCTIONS TO BIDDERS Commercially Useful Function: Work performed by a DBE that has a necessary and useful role in the contract scope of work and on which the firm’s role is not a superfluous step added in an attempt to obtain credit toward goals. If, in the City’s judgement, the firm (even though an eligible DBE) does not perform a commercially useful function in the transaction, the firm will not receive DBE credit. Disadvantaged Business Enterprise (DBE): means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. DBE Directory: The California Unified Certification Program’s (CUCP’s) list of certified DBEs, which is used by the City and its contractors to identify potential DBE prime and subcontractors, suppliers, etc. DOT-Assisted Contract: A contract between a recipient and a contractor (at any tier) funded in whole or in part with U.S. DOT financial assistance, including letters of credit or loan guarantees, except a contract solely for the purchase of land or improved real property. Good Cause: An acceptable reason for terminating a DBE subcontractor on a City contract. “Good cause” is defined as a situation where the DBE subcontractor has failed or refused to perform the work of its subcontract in accordance with normal industry standards. Good Faith Efforts (GFE): Efforts to achieve a DBE goal or other requirement of this Part, which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Fraud: includes a firm that does not meet the eligibility criteria of being a certified DBE and that attempts to participate in a DOT-assisted program as a DBE on the basis of false, fraudulent, or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty. The City may take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, against any participant in the DBE program whose conduct is subject to such action under 49 CFR Part 31. The City may refer cases of identified fraud to the Department of Justice, for prosecution under 18 U.S.C. 1001 or other applicable provisions of law, any person who makes a false or fraudulent statement in connection with participation of a DBE in any DOT- assisted program or otherwise violates applicable Federal statutes. Manufacturer: means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. Other Socially and Economically Disadvantaged Individuals: means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who, on a case-by-case basis, are determined by Small Business Administration or the City to meet the social and economic disadvantage criteria described below. TMF-17-18-51 City of Santa Clarita B-44 SECTION B: INSTRUCTIONS TO BIDDERS Social Disadvantage: The individual's social disadvantage must stem from his/her color, national origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control. The individual must demonstrate that he/she has personally suffered social disadvantage. The individual's social disadvantage must be rooted in treatment, which he/she has experienced in American society, not in other countries. The individual's social disadvantage must be chronic, longstanding and substantial, not fleeting or insignificant. The individual's social disadvantage must have negatively affected his/her entry into and/or advancement in the business world. A determination of social disadvantage must be made before proceeding to make a determination of economic disadvantage. Economic Disadvantage: The individual's ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area that are not socially disadvantaged. The following criteria will be considered when determining the degree of diminished credit and capital opportunities of a person claiming social and economic disadvantage: With respect to the individual: • availability of financing • bonding capability • availability of outside equity capital • available markets With respect to the individual and the business concern: • personal and business assets • personal and business net worth • personal and business income and profits Owned and Controlled: means a business: (a) which is at least 51 percent owned by one or more "Socially and Economically Disadvantaged Individuals" or, in the case of a publicly-owned business, at least 51 percent of the stock of which is owned by one or more "Socially and Economically Disadvantaged Individuals"; and (b) whose management and daily business operations are controlled by one or more such individuals. Race-Conscious Measure or Program: A program or measure that focuses specifically on assisting DBEs, i.e., by the development and inclusion of participation goals or Good Faith Effort activities. TMF-17-18-51 City of Santa Clarita B-45 SECTION B: INSTRUCTIONS TO BIDDERS Race-Neutral: A program or measure that focuses on assisting all small businesses equally, regardless of gender, ethnicity, or social/economic disadvantage, i.e., community outreach and awareness programs. For the purposes of this part, race-neutral includes gender-neutrality. Regular Dealer/Supplier: A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on an ad-hoc or contract by contract basis. Small Business Administration or SBA: The federal United States Small Business Administration. SBA certified: A firm refers to firms that have a current, valid certification from or recognized by the SBA under the 8(a) BD or SDB programs. Small Business Concern: A business that meets the definition contained in Section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap on average annual gross receipts specified in §26.65(b). Transit Vehicle: A vehicle used by the City, e.g. railcar, bus or van, for the primary purpose of public mass transportation; this definition does not include locomotives or ferry boats. Unified Certification Program (UCP): A one-stop certification clearinghouse which standardizes DBE certification criteria across all certifying members of the UCP and enables applicants to apply once for DBE certification, which will be honored by all DOT recipients within the state. U.S. Census Bureau: The U.S. government agency responsible for the U.S. Census, as well as other national demographic and economic data. U.S. Department of Transportation (DOT): Department of the U.S. federal government that is actively involved with U.S. transportation at the national, state, and local levels. The DOT includes the Office of the Secretary, Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Aviation Administration (FAA). Work Category Code: The Office of Small Business Certification and Resources (OSBCR) issues industry codes to DBE(s). These industry codes are listed in the Work Category Code section of the Disadvantaged Quarterly Directory or the Work Category Code Extract file on the CUCP website. E. DBE Bid Submission Requirements TMF-17-18-51 City of Santa Clarita B-46 SECTION B: INSTRUCTIONS TO BIDDERS Bidder shall complete and submit the following DBE Exhibits (forms) at the times specified with their Bid: “DBE Participation Commitment Form” “Bidders List” Bidders must submit the DBE forms above even if they do not anticipate proposing DBE participation on this contract. 1. “DBE Participation Commitment Form” required at time of Bid. The Bidder is to provide the following information for each DBE that will participate in the contract: The complete name and address of each DBE who will participate in the contract; A description of the work that each DBE will perform or provide; The dollar amount of the work to be performed or provided by the DBE; Valid DBE Certification eligibility status, in conformance with 49 CFR Part 26; The Bidder shall also submit, for each DBE to perform under this contract, a written confirmation from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding scope of work (a subcontract bid can serve in lieu of the written confirmation). 2. “Bidders List” required at time of Bid. The City is required by Regulations to create and maintain a “Bidders List” of all firms bidding or quoting on the City’s DOT-assisted contracts for use in calculating the City’s overall DBE goal. Bidders are required to complete and submit the requested information listed on the “Bidders List Form” for all firms (DBE\[s\] and Non-DBE\[s\]) who submitted a bid, quote and/or bid, including firms who were contracted by the Prime Bidder. F.DBE Eligibility and Commercially Useful Function Standards A DBE must be certified at the time of Bid: 1.A certified DBE must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations promulgated pursuant thereto. 2.A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company. 3.A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. 4.At time of Bid, DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: i.The CUCP web site, which can be accessed at http://www.californiaucp.com; or the Caltrans “Civil Rights” web site at http://www.dot.ca.gov/hq/bep. 5.A DBE must perform a commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work). A DBE should TMF-17-18-51 City of Santa Clarita B-47 SECTION B: INSTRUCTIONS TO BIDDERS perform at least thirty percent (30%) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function. G.DBE Crediting Provisions The City requires that all DBEs listed by Bidders for participation, be certified as eligible DBEs at the time of bid submission, in order for their race-neutral participation to be counted towards the City’s Overall DBE goal. In accordance with 49 CFR §26.55 and §26.71, the following guidelines apply in calculating/ counting DBE participation: i.Only the participation of firms certified in accordance with 49 CFR Part 26 may be counted as DBE participation. ii.Only work (represented by Work Category code(s)) for which the firm is certified as a DBE may be counted as DBE participation. iii.Only work performed by a DBE’s own work forces (including cost of supplies, materials and equipment leases obtained by the DBE for the work of the contract, except supplies and equipment the subcontractor purchases and/or leases from the prime contractor or its affiliate), may be counted as DBE participation. iv.When a DBE subcontracts part of its work of its contract to another firm, the value of the subcontracted work may be counted as DBE participation only if the DBE subcontractor is itself a certified DBE. Work that a DBE subcontracts to a non- DBE firm does not count as DBE participation. A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce. v.When a DBE performs as a participant in a joint venture with a non-DBE, only the portion of the total contract dollar value equal to the distinct, clearly defined portion of the work to be performed by the DBE’s own forces may be counted as DBE participation. i.Only work considered to perform a commercially useful function may be counted as DBE participation. ii.For transportation services that are required under the contract and provided by a DBE trucking company, DBE participation is counted on the total value of the transportation services the DBE trucking company provides using trucks it owns, insures, and operates and using drivers it employs. iii.For materials and supplies that are required under the contract and obtained from a DBE manufacturer, one hundred percent (100%) of the materials/supplies may be counted as DBE participation. For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials and supplies obtained by the contractor. iv.For materials and supplies that are required under the contract and obtained from a DBE supplier/regular dealer, sixty percent (60%) of the materials/supplies may be TMF-17-18-51 City of Santa Clarita B-48 SECTION B: INSTRUCTIONS TO BIDDERS counted as DBE participation. For purposes of this section, a supplier/regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. v.A Bidder may count as DBE participation, fees and commissions paid to DBE firms that are not manufacturers or regular dealers, provided that the fees or commissions are determined to be reasonable and not excessive, as compared with fees customarily allowed for similar services. vi.A Bidder may count as DBE participation, all transportation services provided by a DBE trucking firm that can demonstrate control of trucking operations for which it seeks credit and it owns, insures, and operates, using drivers it employs in the performance of the contract. The DBE must itself own and operate at least one fully licensed, insured, and operation truck used on the contract. The DBE trucking firm may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE who leases trucks from a non-DBE is entitled to credit only for the fees or commissions it receives as a result of the lease arrangement. vii.Prime contractors are advised to not count participation of DBE subcontractors towards DBE attainment until the amount being counted has been paid to the DBE. viii.In cases where a DBE’s certification has ceased during the performance period of the contract, although the prime contractor will continue to report to the City, the dollar value of the work performed by the firm, any work performed after the DBE ceases to be certified will not count towards DBE participation credit or the City’s Overall DBE goal fulfillment. TMF-17-18-51 City of Santa Clarita B-49 SECTION B: INSTRUCTIONS TO BIDDERS FEDERAL CLAUSES Fly America Requirements Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with General Services Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and their contractors are required to use US Flag air carriers for US Government- financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation. Cargo Preference Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US flag commercial vessels; b. furnish within 20 working days following the loading date of shipments originating within the US or within 30 working days following the loading date of shipments originating outside the US, a legible copy of a rated, "on-board" commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractor's bill-of-lading.); c. include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material or commodities by ocean vessel. Seismic Safety Contractor agrees that any new building or addition to an existing building shall be designed and constructed in accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to the extent required by the regulation. Contractor shall also ensure that all work performed under this contract, including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the certification of compliance issued on the project. Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. TMF-17-18-51 City of Santa Clarita B-50 SECTION B: INSTRUCTIONS TO BIDDERS Access to Records and Reports The following access to records requirements apply to this Contract: 1. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. 2. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $150,000. 3. Where the purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the TMF-17-18-51 City of Santa Clarita B-51 SECTION B: INSTRUCTIONS TO BIDDERS Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Davis-Bacon and Copeland Anti-Kickback Acts (1)Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than TMF-17-18-51 City of Santa Clarita B-52 SECTION B: INSTRUCTIONS TO BIDDERS those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall TMF-17-18-51 City of Santa Clarita B-53 SECTION B: INSTRUCTIONS TO BIDDERS be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not makepayments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)Withholding - The recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under TMF-17-18-51 City of Santa Clarita B-54 SECTION B: INSTRUCTIONS TO BIDDERS the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the grantee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3)Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the recipient for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005- 00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal TMF-17-18-51 City of Santa Clarita B-55 SECTION B: INSTRUCTIONS TO BIDDERS prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training TMF-17-18-51 City of Santa Clarita B-56 SECTION B: INSTRUCTIONS TO BIDDERS Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity -The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5)Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6)Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of Eligibility - (i) By entering into this contract, contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in 18 USC 1001. TMF-17-18-51 City of Santa Clarita B-57 SECTION B: INSTRUCTIONS TO BIDDERS No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended,31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience (General Provision) the recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient’s property, contractor shall account for same, and dispose of it as the recipient directs. TMF-17-18-51 City of Santa Clarita B-58 SECTION B: INSTRUCTIONS TO BIDDERS b. Termination for Default \[Breach or Cause\] (General Provision) If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by written notice, may terminate this contract, in whole or in part, when it is in the recipient's interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for supplies delivered and accepted, or services performed TMF-17-18-51 City of Santa Clarita B-59 SECTION B: INSTRUCTIONS TO BIDDERS in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. g. Termination for Default (Transportation Services) If contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. h. Termination for Default (Construction) If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: 1. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and TMF-17-18-51 City of Santa Clarita B-60 SECTION B: INSTRUCTIONS TO BIDDERS 2. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience. i. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor’s failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient’s convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor’s failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. j. Termination for Convenience or Default (Cost-Type Contracts) the recipient may terminate this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner in which contractor has failed to perform the requirements of the contract. Contractor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient’s convenience, contractor shall be paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. TMF-17-18-51 City of Santa Clarita B-61 SECTION B: INSTRUCTIONS TO BIDDERS Government Wide Debarment and Suspension (Non Procurement) The City agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments Thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” http://https.www.sam.gov,.proxy1.semalt.design if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the “System for Award Management” at http://https.www.sam.gov,.proxy1.semalt.design if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2) If the Recipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. TMF-17-18-51 City of Santa Clarita B-62 SECTION B: INSTRUCTIONS TO BIDDERS Civil Rights Requirements The City understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless the City or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service: a. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA’s “Nondiscrimination” statute): (1) FTA’s “Nondiscrimination” statute prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex, (f) Disability, (g) Age, or (h) Gender identity and (2) The FTA “Nondiscrimination” statute’s prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity, (3) Except as FTA determines otherwise in writing: (a) General. Follow: 1 The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance, and 2 Other applicable Federal guidance that may be issued, but (b) Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program. b. Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may be issued, c. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” TMF-17-18-51 City of Santa Clarita B-63 SECTION B: INSTRUCTIONS TO BIDDERS 42 U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". (3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C.§ 2000e note. d. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Project as follows: 1) Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R. § 26.13(a), (b) DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal, (c) Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, (d) the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry TMF-17-18-51 City of Santa Clarita B-64 SECTION B: INSTRUCTIONS TO BIDDERS out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., (2) Exception for the Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 C.F.R. part 26 under MAP-21 and previous legislation, e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and (5) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, g. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, 1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) TMF-17-18-51 City of Santa Clarita B-65 SECTION B: INSTRUCTIONS TO BIDDERS U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (3) Other applicable Federal civil rights and nondiscrimination guidance, h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2, i. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: 1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005, j. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal guidance prohibiting discrimination. k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations. TMF-17-18-51 City of Santa Clarita B-66 SECTION B: INSTRUCTIONS TO BIDDERS Prompt payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non-DBE subcontracts. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Veterans Preference As provided by 49 U.S.C. § 5325(k), to the extent practicable, the contractor agrees andassures that each of its Subrecipients: (1) Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter 53, and (2) Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. TMF-17-18-51 City of Santa Clarita B-67 SECTION B: INSTRUCTIONS TO BIDDERS PRECONSTRUCTION DOCUMENTS CHECKLIST The following documents are required to be completed and submitted by the Contractor at the times specified. The following documents are to be provided by ALL BIDDERS: Proposal Forms Designation of Subcontractors References Debarment and Suspension Certifications Equal Opportunity Employment Certification Bidder’s Information and Certification Bidder’s Bond Non Collusion Affidavit Bidder’s Questionnaire Certification of Non-Segregated Facilities Addendums (if any) Local Agency Bidder DBE Proposers List DBE Race-Neutral Participation Commitment Form Non Lobbying Certification for Federal-Aid Contracts Disclosure of Lobbying Activities The following documents are to be provided by the AWARDEE ONLY (With Agreement) Contract Agreement Bond for Faithful Performance Payment Bond (for Labor and Material) TMF-17-18-51 City of Santa Clarita B-68 SECTION B: INSTRUCTIONS TO BIDDERS Certification of Public Liability and Property Damage Insurance (General Liability) Certification of Worker’s Compensation Insurance The following documents are to be provided by the AWARDEE ONLY (Prior to Starting Construction) Preconstruction Meeting Construction Schedule List of all Subcontractors Subcontractor’s Certification with Regard to the Performance of Previous Contracts or Subcontractors (Required for all Subcontracts over $10,000) Materials List and Manufacturer’s Brochures (As Required) Permits Emergency Contact Information Construction and Demolition Materials Management Plan The following documents are to be provided by the AWARDEE ONLY (After to Starting Construction) Final utilization report C&DMMP with weight tickets TMF-17-18-51 City of Santa Clarita B-69 SECTION – C PROPOSAL SECTIONC:PROPOSAL Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 TO THE CITY OF SANTA CLARITA, AS AGENCY: In accordance with AGENCY's Request for Quotes, 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: _______________________________________ DIR # ___________________________________________ SECTIONC:PROPOSAL BID SCHEDULE Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 If the number entered on this page conflicts with what is entered on Planetbids, the number entered on Planetbids shall govern. Task 1 Unit Unit Total Price METAL FENCING Install 137’ of metal rail fencing on north side of handicap ramp, matching existing metal fencing. Prime and Paint to match existing colors. Task 2 Unit Unit Total Price METAL FENCING Install 29' of metal rail fencing on south side of handicap ramp, matching existing fencing Prime and Paint to match existing colors. Unit Unit Total Price *ADDITIONAL COSTS *ADDITIONAL COST DESCRIPTION: __________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ TOTAL BID AMOUNT: ____________________________________________ TOTAL BASE BID WORDS: ______________________________________________ The award of contract, if made, will be to the lowest responsive BIDDER determined solely by the AGENCY. The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this bid schedule constant throughout the duration of the project up to the last contract working day. BID SCHEDULE CONTINUED… SECTIONC:PROPOSAL Alternate Items Bid Schedule Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 Alternate 1 Unit Unit Price Total KIOSKRemove existing four BULLETIN recessed bulletin boards BOARDS Frame and stucco openings to match existing stucco. Provide extra framing for bulletin board mounting. Prime and Paint to match existing colors. Surface mount three new 35" x 45" City provided bulletin boards. Total Alternate 2 Unit Unit Price Total SHELTERRemove remaining five GLASS glass panes Replace nine 40" x 59 5/8" x 1/4" tempered glass Install 6mil graffiti film to interior( shelter) side of glass Install patterned film to exterior (street) side of glass. Total Alternate 3 Unit Unit Total Price TRASH CAN Install 12) 24"x24" x 3" concrete slabs in various CONCRETE parking lot planters. Install twelve City provided trash cans to pads. Total The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this bid schedule constant throughout the duration of the project up to the last contract working day. SECTIONC:PROPOSAL Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 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 one-half of 1 percent, or $10,000 (whichever is greater) of the prime contractor’s total bid: Disadvantaged Business Enterprise (DBE) status, age of firm and annual gross receipts are required if subcontractor is participating as a DBE. Subcontractor: DBE Status:Dollar Value of Work: Age of Firm: Certifying Agency:Annual Gross Receipts: Location and Place of Business: Bid Schedule Item Numbers: Description of Work: DIR Registration Number.: DIR Registration Expires:Phone ( ) / / CSLB License Number: CLSB License Exp. Date:Email: / / Subcontractor: DBE Status:Dollar Value of Work: Age of Firm: Certifying Agency:Annual Gross Receipts: Location and Place of Business: Bid Schedule Item Numbers: Description of Work DIR Registration Number: DIR Registration Expires:Phone ( ) / / CSLB License Number: CSLB License Exp. Date:Email: / / Subcontractor: DBE Status:Dollar Value of Work: Age of Firm: Certifying Agency:Annual Gross Receipts: Location and Place of Business: Bid Schedule Item Numbers: Description of Work DIR Registration No.: DIR Registration Expires:Phone ( ) / / CSLB License Number: CSLB License Exp. Date:Email: / / Notes: 1. .. Bidders shall fill out the Subcontractor’s List in its entirety. The total dollar value of work to be performed by Subcontractors shall be in conformance with Section 2-3 “Subcontracts” of General Provisions in these contract documents. 2. .. 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. (Use Additional Sheets if Necessary) SECTIONC:REFERENCES Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 REFERENCES The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past three (3) years: 1. __________________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________________ Project Number and/or Name __________________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________________ Contract Amount Type of Work Date Completed 2. __________________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________________ Project Number and/or Name __________________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________________ Contract Amount Type of Work Date Completed 3. __________________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________________ Project Number and/or Name __________________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________________ Contract Amount Type of Work Date Completed SECTIONC:DEBARMENTFORM TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 The bidder under penalty of perjury, certified that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager: is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. If there are any exceptions to this certification, insert the exceptions in the following space. ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Exceptions will not necessarily result in denial of award, but will be considered in determining bidders' responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and dates of action. ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. SECTIONC:.L559w{͸{INFORMATIONANDCERTIFICATION EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION *** Must be filled out by the Bidder and ALL subcontractors of $10,000*** Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 This bidder _____________________, proposed subcontractor ____________________, hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has , has not ______, filed with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. Company: _______________________________________ By: _______________________________________ Title: _______________________________________ Date: _______________________________________ Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60- 1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 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 SECTIONC:.L559w{͸{INFORMATIONANDCERTIFICATION 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: _____________________________________________________________________________ Email: ________________________________________________________________________________ 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: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ SECTIONC:.L559w{͸{INFORMATIONANDCERTIFICATION 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. _________________________________________________________ Email Address 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) Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita for: ____________________________________________ dollars ($__________), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 ________________________________________________________ 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. NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) PROPOSAL GUARANTEE BID BOND Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that , __________________________________as BIDDER, and as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of____________________ dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above-stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above-stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this ________ day of___________ ,20_____ . BIDDER: _________________________________________________________ Signature _________________________________________________________ Name and Title of Signatory _________________________________________________________ Address SURETY* ___________________________________________________________________________ ____________________________________________________________________________ Subscribed and sworn to this ______________day _____________of , 20____. NOTARY PUBLIC_______________________________________________________ (SEAL) *Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 To the CITY OF SANTA CLARITA: In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE “BIDDER’S CERTIFICATION” SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. NON-COLLUSION AFFIDAVIT Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) __________________________________________ being first duly sworn deposes and says that he is the _______________________________________ (sole owner, a partner, president, etc.) of __________________________________________________ the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business. Signed: ______________________________________ Title ______________________________________ Subscribed and sworn to and before me this____________ day of ______________________, 20______. ___________________________________________________________________________________ Seal of Notary Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 If the bidder has answered the questionnaire within the past year and there are no significant changes in the information requested, then the bidder need not file a new questionnaire. If there are changes, indicate those changes. Should the space provided not be adequate, so indicate and complete information on a separate page(s) and attach hereto. 1. Submitted by: ___________________________ Telephone:___________________________ Principal Office Address: _____________________________________________________ 2. Type of Firm: _________________________________________________________________________ Corporate:_____________________________ Other: ______________________________________ Individual: ________________________________________________________________________ Partnership: ________________________________________________________________________ 3a. 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: __________________________________________________________________ 3b. If a partnership, answer these questions: Date of organization: _____________________State Organized in: ___________________________ Name of all partners holding more than a 10% interest: _____________________________________ __________________________ _________________________ __________________________ __________________________ _________________________ __________________________ __________________________ _________________________ __________________________ 4. Designate which are General or Managing Partners. Name of person holding CONTRACTOR’s license: _______________________________________ License number: __________ Class: __________Expiration Date: __________________________ BIDDER’S QUESTIONNAIRE (cont’d) Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 5. CONTRACTOR’s Representative: _____________________________________________________ Title: ____________________________________________________________________________ Alternate: _________________________________________________________________________ Title: ____________________________________________________________________________ 6. List the major construction projects your organization has in progress as of this date: Owner: (A) _______________________ (B) _____________________________________ Project Location: ___________________ ________________________________________ Type of Project: ____________________ ________________________________________ Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 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). Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE “BIDDER’S CERTIFICATION” SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. Or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. City of Santa Clarita DBE Participation Commitment Form DBER ACE-N EUTRAL P ARTICIPATION C OMMITMENT F ORM (Inclusive of all DBEs at time of bid Submission) NOTE: Please refer to instructions on the reverse side of this form. Contractor to Complete this Section 1. Local Agency Name: _______________________________________________ 2. Project Description: _________________________________________________________________________________________ 3. Project Location: ___________________________________________________________________________________________ 4. Bidder’s Name: __________________________________5. Prime Certified DBE: 6. Bid Amount_______________________ 7. Total Dollar Amount for ALL Subcontractors: ______________________ 8. Total Number of ALL Subcontractors:____________ DBE Commitment Information 9. Bid Item # 10. Description of Work, Service or Materials Supplied and 11. DBE 12. DBE Firm Name and 13. DBE Dollar NAIC(s)Certification # Contact Info Amount 14. Total Local Agency to Complete this Section Claimed DBE $ ___________ Participation 20. Local Agency Contract Number: ________________________________________________ ___________ % IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE 21. Federal-aid Project Number: Subcontractors and their respective item(s) of work listed ___________________________________________________ above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation from each 22. Contract Award Date: ________________________listed DBE is required. ________________________________ Local Agency certifies that all DBE certifications are valid and the 15. Preparer’s Signature information on this form is complete and accurate: ________________________________ _______________________________________________ _________________________ 16. Preparer’s Name (Print) 23. Local Agency Representative Signature 24. Date ________________________________ ________________________________________________ ________________________ 17. Preparer’s Title 25.Local Agency Representative Name (Print) 26. Phone ____________ ___________________ 18. Date 19. (Area Code) Tel. No. _________________________________________________ 27. Local Agency Representative Title . Please Note: Contractor shall complete and submit this form even if no DBE participation will be reported. In the event of no DBE participation, Contractor shall mark “none” under the DBE firm name. INSTRUCTIONS - DBE RACE-NEUTRAL PARTICIPATION COMMITMENT FORM Contractor Section 1.Local Agency Name – Enter the name of the local or regional agency that is funding the contract. 2.Project Location - Enter the project location as it appears on the project advertisement. 3.Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).. 4.Bidder’s Name - Enter the contractort’s firm name. 5.Prime Certified DBE - Check box if prime contractor is a certified DBE 6.Bid Amount - Enter the total contract bid dollar amount for the prime contractor 7.Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 8.Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non- DBEs). Do not include the prime contractor information in this count. 9.Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 10.Description of of Work, Services, or Materials Supplied and NAIC(s) - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. Additionally, identify the applicable NAICS(s) oer service or supply listed. 11.DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.(DBE subcontractors must notify the prime contractor in writing with the date of the decertification if their status should change during the course of the contract.) 12.DBE Firm Name and Contact Information - Enter the name and telephone number of all DBE subcontractors. Also, enter the prime contractor’s name and telephone number, if the prime is a DBE. 13.DBE Dollar Amount – Enter the subcontracted dollar amount of the work to be performed or service to be provided eligible for DBE participation. Include the prime contractor if the prime is a DBE. See City of Santa Clarita’s DBE Program for how to count full/partial participation. If 100% of a work item is not to be performed or furnished by a DBE, calculate and list the exact portion of the item to be performed or furnished by the DBE. 14.Total Claimed DBE Participation – $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). 15.Preparer’s Signature – The person completing this section of the form for the contractor’s firm must sign their name. 16.Preparer’s Name (Print) – Clearly enter the name of the person signing this section of the form for the contractor. 17.Preparer’s Title - Enter the position/title of the person signing this section of the form for the contractor. 18.Date- Enter the date this section of the form is signed by the preparer. 19.(Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the contractor. Local Agency Section: The Local Agency representative shall: 20.Local Agency Contract Number - Enter the Local Agency Contract Number. 21.Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22.Contract Award Date - Enter the date the contract was executed 23.Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 24.Date - Enter the date the Local Agency Representative signs the form. 25.Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 26.Phone - Enter the area code and telephone number of the person signing this section of the form. 27.Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form. BIDDERSLIST SantaClaritaMetrolinkStationRepairsandImprovements CityBidTMF171851 Bidder/Offeror: IFB No.: The City maintains a “Bidders List” containing information about all firms (DBE and Non-DBE) that bid, propose or quote on the City’s federal-assisted contracts, in accordance with 49 CFR Part 26.11. The “Bidders List” is intended to be a count of all firms that are participating, or attempting to participate, on federal-assisted contracts, whether successful or unsuccessful in their attempt to obtain a contract. The Bidder/Offeror is to complete all requested information on the “Bidders List” for every firm who submitted a proposal, bid or quote, including the primary Bidder, and submit this information at the time of bid submission. The “Bidders List” content will not be considered in evaluating the bid or determining award of any contract. Prime Bidder’s Information: Name of Prime’s Firm: Phone: ( ) Firm Address: Fax: ( ) Type of work/services/materials provided: Number of years in business: Contact Person:Title: Is the firm currently certified as a DBE under 49 CFR Part 26? Yes Check the box below for your firm’s annual gross receipts last No year: Less than $1 million Less than $5 million Less than $10 million Less than $15 million More than $15 million C26 Provide the following information for every firm (DBE and non-DBE) that submitted a bid or quote on this DOT- assisted project, whether successful or unsuccessful in their attempt to obtain a contract: Firm Name: Phone: ( ) Firm Address: Fax: ( ) Type of work/services/materials provided: Number of years in business: Contact Person:Title: Is the firm currently certified as a DBE under 49 CFR Part 26? YesCheck the box below for your firm’s annual gross receipts last No year: Less than $1 million Less than $5 million Less than $10 million Less than $15 million More than $15 million C27 Provide the following information for every firm (DBE and non-DBE) that submitted a bid or quote on this DOT- assisted project, whether successful or unsuccessful in their attempt to obtain a contract: Firm Name: Phone: ( ) Firm Address: Fax: ( ) Type of work/services/materials provided: Number of years in business: Contact Person:Title: Is the firm currently certified as a DBE under 49 CFR Part 26? YesCheck the box below for your firm’s annual gross receipts last No year: Less than $1 million Less than $5 million Less than $10 million Less than $15 million More than $15 million If necessary, this “Bidders List” form can be duplicated to include all firms (DBE and non-DBE) that have submitted a bid or quote on this DOT-assisted project, whether successful or unsuccessful in their attempt to obtain a contract. Failure of the Bidder to submit the required “Bidders List” form will deem the Bidder non- responsive. C28 SECTION – D CAPTIAL IMPROVEMENT PROJECT AGREEMENT & BONDS CON 9 Council Approval Date: _____________ Agenda Item: _____________ Contract Amount: _____________ CAPITAL IMPROVEMENT PROJECT AGREEMENT SAMPLE This AGREEMENT is made and entered into BY AND BETWEEN the City of Santa Clarita, as CITY, and *ENTER CONTRACTOR HERE* , 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. Revised July 2016 Page 1 of 13 ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR’S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint ventures, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations and policies of CITY respecting such services, and in accordance with appropriate standards of Revised July 2016 Page 2 of 39 professional conduct, if any, applicable to the services provided. CITY shall not be responsible for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR and nothing contained herein shall be construed as making the CONTRACTOR, or any individual whose compensation for services is paid by the CONTRACTOR, an agent or employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. ARTICLE VIII CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. Liability Insurance During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities, errors or omissions, of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONTARCTOR’S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. Should Contractor’s insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. Such General, Public and Professional liability, and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: Revised July 2016 Page 3 of 39 A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City’s Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Revised July 2016 Page 4 of 39 ARTICLE IX Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary to comply with EDD regulations. ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modification/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Non-Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severability In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Governing Law This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Revised July 2016 Page 5 of 39 Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including City’s Labor Compliance Program (LCP). CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Conflict of Interest CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. Prevailing Wages As required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California prevailing wage determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. This contract is subject to both federal and state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, the Davis-Bacon and Related Acts and the City’s California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. If there is a difference between the federal and state wage rates, the Contract and its subcontractors shall pay not less than the higher wage rate. Contractor shall further adhere to the requirements contained in the City’s Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent federal and State of California statutes and regulations, including, but not limited to those referred to in this contract and in the City’s Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable federal and State of California statues and regulations and adhering to the latest editions of such. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which Revised July 2016 Page 6 of 39 includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Federal Prevailing Wages The work being done pursuant to this Contract is paid for in part by the United States of America. Therefore, pursuant to the provisions applicable to such federal assistance, Contractor acknowledges and agrees that the services, construction, and maintenance pursuant to this Contract is, or may become, subject to certain federal laws and regulations, including, but not limited to, provisions of the Davis-Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in part as follows: (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from federal funds or in accordance with guarantees of a federal agency or financed from funds obtained by pledge of any contract of a federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Section 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency provided that such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Section 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis- Revised July 2016 Page 7 of 39 Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or Revised July 2016 Page 8 of 39 working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the CITY may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance'' required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal Revised July 2016 Page 9 of 39 prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the CITY or Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the CITY may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the Revised July 2016 Page 10 of 39 rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the FTA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm Revised July 2016 Page 11 of 39 ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Section 5.5(a) or 4.6 of Part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Electronic Transmission of Contract and Signatures The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. FEDERALREQUIREMENTS(FEDERALTRANSITADMINISTRATION) 1.EnergyConservation Contractorshallcomplywithmandatorystandardsandpoliciesrelatingtoenergyefficiency,statedinthestate energyconservationplanissuedincompliancewiththeEnergyPolicy&ConservationAct. 2.AccesstoRecordsandReports ThefollowingaccesstorecordsrequirementsapplytothisContract: Revised July 2016 Page 12 of 39 1.WherethepurchaserisnotaStatebutalocalgovernmentandisanFTArecipientorasubgranteeofFTA recipientinaccordancewith49CFR18.36(i),contractorshallprovidethepurchaser,theFTA,theUS ComptrollerGeneralortheirauthorizedrepresentativesaccesstoanybooks,documents,papersand contractorrecordswhicharepertinenttothiscontractforthepurposesofmakingaudits,examinations, excerptsandtranscriptions.Contractorshallalso,pursuantto49CFR633.17,provideauthorizedFTA representatives,includinganyPMOcontractor,accesstocontractor'srecordsandconstructionsites pertainingtoacapitalproject,definedat49USC5302(a)1,whichisreceivingFTAassistancethroughthe programsdescribedat49USC5307,5309or5311. 2.WherethepurchaserisaStateandisanFTArecipientorasubgranteeofFTArecipientinaccordancewith 49CFR633.17,contractorshallprovidethepurchaser,authorizedFTArepresentatives,includinganyPMO Contractor,accesstocontractor'srecordsandconstructionsitespertainingtoacapitalproject,definedat49 USC5302(a)1,whichreceivesFTAassistancethroughtheprogramsdescribedat49USC5307,5309or5311. Bydefinition,acapitalprojectexcludescontractsoflessthanthesimplifiedacquisitionthresholdcurrentlyset $150,000. at 3.Wherethepurchaserentersintoanegotiatedcontractforotherthanasmallpurchaseorunderthe simplifiedacquisitionthresholdandisaninstitutionofhighereducation,ahospitalorothernonprofit organizationandisanFTArecipientorasubgranteeofFTArecipientinaccordancewith49CFR19.48, contractorshallprovidethepurchaser,theFTA,theUSComptrollerGeneralortheirauthorized representatives,accesstoanybooks,documents,papersandrecordofthecontractorwhicharedirectly pertinenttothiscontractforthepurposesofmakingaudits,examinations,excerptsandtranscriptions. 4.WhereapurchaserwhichisanFTArecipientorasubgranteeofFTArecipientinaccordancewith49USC 5325(a)entersintoacontractforacapitalprojectorimprovement(definedat49USC5302(a)1)through otherthancompetitivebidding,contractorshallmakeavailablerecordsrelatedtothecontracttothe purchaser,the SecretaryofUSDOTandtheUSComptrollerGeneraloranyauthorizedofficeroremployeeofanyofthemfor thepurposesofconductinganauditandinspection. 5.Contractorshallpermitanyoftheforegoingpartiestoreproducebyanymeanswhatsoeverortocopy excerptsandtranscriptionsasreasonablyneeded. 6.Contractorshallmaintainallbooks,records,accountsandreportsrequiredunderthiscontractforaperiod ofnotlessthanthree(3)yearsafterthedateofterminationorexpirationofthiscontract,exceptintheevent oflitigationorsettlementofclaimsarisingfromtheperformanceofthiscontract,inwhichcasecontractor agreestomaintainsameuntiltherecipient,FTAAdministrator,USComptrollerGeneral,oranyoftheir authorizedrepresentatives,havedisposedofallsuchlitigation,appeals,claimsorexceptionsrelatedthereto. Re:49CFR 18.39(i)(11). FTAdoesnotrequiretheinclusionoftheserequirementsinsubcontracts. 3.FederalChanges ContractorshallcomplywithallapplicableFTAregulations,policies,proceduresanddirectives,includingwithout limitationthoselisteddirectlyorbyreferenceintheMasterAgreementbetweenthepurchaserandFTA,asthey maybeamendedorpromulgatedfromtimetotimeduringthetermofthecontract.Contractor'sfailureto complyshallconstituteamaterialbreachofthecontract. 4.RecycledProducts ThecontractoragreestocomplywithalltherequirementsofSection6002oftheResourceConservationand RecoveryAct(RCRA),asamended(42U.S.C.6962),includingbutnotlimitedtotheregulatoryprovisionsof40CFR Revised July 2016 Page 13 of 39 Part247,andExecutiveOrder12873,astheyapplytotheprocurementoftheitemsdesignatedinSubpartBof40 CFRPart247. 5.NoGovernmentObligationtoThirdParties (1)TheCityandcontractoracknowledgeandagreethat,notwithstandinganyconcurrencebytheUSGovernment inorapprovalofthesolicitationorawardoftheunderlyingcontract,absenttheexpresswrittenconsentbytheUS Government,theUSGovernmentisnotapartytothiscontractandshallnotbesubjecttoanyobligationsor liabilitiestotherecipient,thecontractor,oranyotherparty(whetherornotapartytothatcontract)pertainingto anymatterresultingfromtheunderlyingcontract. (2)ContractoragreestoincludetheaboveclauseineachsubcontractfinancedinwholeorinpartwithFTA assistance.Itisfurtheragreedthattheclauseshallnotbemodified,excepttoidentifythesubcontractorwhowill besubjecttoitsprovisions. 6.ProgramFraudandFalseorFraudulentStatementsorRelatedActs ContractoracknowledgesthattheprovisionsoftheProgramFraudCivilRemediesActof1986,asamended,31 USC3801etseq.andUSDOTregulations,"ProgramFraudCivilRemedies,"49CFR31,applytoitsactions pertainingtothisproject.Uponexecutionoftheunderlyingcontract,contractorcertifiesoraffirmsthe truthfulnessandaccuracyofanystatementithasmade,itmakes,itmaymake,orcausestobemade,pertaining totheunderlyingcontractorFTAassistedprojectforwhichthiscontractworkisbeingperformed.Inadditionto otherpenaltiesthatmaybeapplicable,contractorfurtheracknowledgesthatifitmakes,orcausestobemade,a false,fictitious,orfraudulentclaim,statement,submittal,orcertification,theUSGovernmentreservestherightto imposethepenaltiesoftheProgramFraudCivilRemediesAct(1986)oncontractortotheextenttheUS Governmentdeemsappropriate. Ifcontractormakes,orcausestobemade,afalse,fictitious,orfraudulentclaim,statement,submittal,or certificationtotheUSGovernmentunderacontractconnectedwithaprojectthatisfinancedinwholeorinpart withFTAassistanceundertheauthorityof49USC5307,theGovernmentreservestherighttoimposethe penaltiesof18USC1001and49USC5307(n)(1)oncontractor,totheextenttheUSGovernmentdeems appropriate. ContractorshallincludetheabovetwoclausesineachsubcontractfinancedinwholeorinpartwithFTA assistance.Theclausesshallnotbemodified,excepttoidentifythesubcontractorwhowillbesubjecttothe provisions. 7.Termination a.TerminationforConvenience(GeneralProvision)therecipientmayterminatethiscontract,inwholeorinpart, atanytimebywrittennoticetocontractorwhenitisintherecipient'sbestinterest.Contractorshallbepaidits costs,includingcontractcloseoutcosts,andprofitonworkperformeduptothetimeoftermination.Contractor shallpromptlysubmititsterminationclaimtotherecipient.IfcontractorisinpossessionofanyoftheƩĻĭźƦźĻƓƷ͸ƭ property,contractorshallaccountforsame,anddisposeofitastherecipientdirects. b.TerminationforDefault\[BreachorCause\](GeneralProvision)Ifcontractordoesnotdeliveritemsinaccordance withthecontractdeliveryschedule,or,ifthecontractisforservices,andcontractorfailstoperforminthemanner calledforinthecontract,orifcontractorfailstocomplywithanyotherprovisionsofthecontract,therecipient mayterminatethiscontractfordefault.Terminationshallbeeffectedbyservinganoticeofterminationto contractorsettingforththemannerinwhichcontractorisindefault.Contractorshallonlybepaidthecontract priceforsuppliesdeliveredandaccepted,orforservicesperformedinaccordancewiththemannerof performancesetforthinthecontract.Ifitislaterdeterminedbytherecipientthatcontractorhadanexcusable reasonfornotperforming,suchasastrike,fire,orflood,eventswhicharenotthefaultoforarebeyondthe controlofcontractor,therecipient,aftersettingupanewdeliveryorperformanceschedule,mayallowcontractor tocontinuework,ortreattheterminationasaterminationforconvenience. Revised July 2016 Page 14 of 39 c.OpportunitytoCure(GeneralProvision)therecipientinitssolediscretionmay,inthecaseofaterminationfor breachordefault,allowcontractoranappropriatelyshortperiodoftimeinwhichtocurethedefect.Insuchcase, thenoticeofterminationshallstatethetimeperiodinwhichcureispermittedandotherappropriateconditionsIf contractorfailstoremedytotherecipient'ssatisfactionthebreachordefaultoranyoftheterms,covenants,or conditionsofthisContractwithinten(10)daysafterreceiptbycontractororwrittennoticefromtherecipient settingforththenatureofsaidbreachordefault,therecipientshallhavetherighttoterminatetheContract withoutanyfurtherobligationtocontractor.Anysuchterminationfordefaultshallnotinanywayoperateto precludetherecipientfromalsopursuingallavailableremediesagainstcontractoranditssuretiesforsaidbreach ordefault. d.WaiverofRemediesforanyBreachIntheeventthattherecipientelectstowaiveitsremediesforanybreachby contractorofanycovenant,termorconditionofthisContract,suchwaiverbytherecipientshallnotlimitits remediesforanysucceedingbreachofthatorofanyotherterm,covenant,orconditionofthisContract. e.TerminationforConvenience(ProfessionalorTransitServiceContracts)therecipient,bywrittennotice,may terminatethiscontract,inwholeorinpart,whenitisintherecipient'sinterest.Ifthecontractisterminated,the forpaymentunderthepaymentprovisionsofthiscontractforservicesrendered recipientshallbeliableonly beforetheeffectivedateoftermination. f.TerminationforDefault(SuppliesandService)Ifcontractorfailstodeliversuppliesortoperformtheservices withinthetimespecifiedinthiscontractoranyextensionorifthecontractorfailstocomplywithanyother provisionsofthiscontract,therecipientmayterminatethiscontractfordefault.Therecipientshallterminateby deliveringtocontractoranoticeofterminationspecifyingthenatureofdefault.Contractorshallonlybepaidthe inaccordancewiththemanneror contractpriceforsuppliesdeliveredandaccepted,orservicesperformed performancesetforthinthiscontract.If,afterterminationforfailuretofulfillcontractobligations,itisdetermined thatcontractorwasnotindefault,therightsandobligationsofthepartiesshallbethesameasifterminationhad beenissuedfortheƩĻĭźƦźĻƓƷ͸ƭconvenience. g.TerminationforDefault(TransportationServices)Ifcontractorfailstopickupthecommoditiesortoperform theservices,includingdeliveryservices,withinthetimespecifiedinthiscontractoranyextensionorifcontractor thiscontractfordefault.The failstocomplywithanyotherprovisionsofthiscontract,therecipientmayterminate recipientshallterminatebydeliveringtocontractoranoticeofterminationspecifyingthenatureofdefault. Contractorshallonlybepaidthecontractpriceforservicesperformedinaccordancewiththemannerof performancesetforthinthiscontract.Ifthiscontractisterminatedwhilecontractorhaspossessionofthe recipientgoods,contractorshall,asdirectedbytherecipient,protectandpreservethegoodsuntilsurrenderedto therecipientoritsagent.Contractorandtherecipientshallagreeonpaymentforthepreservationandprotection ofgoods.FailuretoagreeonanamountshallberesolvedundertheDisputeclause.If,afterterminationforfailure tofulfillcontractobligations,itisdeterminedthatcontractorwasnotindefault,therightsandobligationsofthe partiesshallbethesameasifterminationhadbeenissuedfortheƩĻĭźƦźĻƓƷ͸ƭconvenience. h.TerminationforDefault(Construction)Ifcontractorrefusesorfailstoprosecutetheworkoranyseparablepart, withthediligencethatwillinsureitscompletionwithinthetimespecified,oranyextension,orfailstocomplete theworkwithinthistime,orifcontractorfailstocomplywithanyotherprovisionsofthiscontract,therecipient mayterminatethiscontractfordefault.Therecipientshallterminatebydeliveringtocontractoranoticeof terminationspecifyingthenatureofdefault.Inthisevent,therecipientmaytakeovertheworkandcompeteitby plantontheworksite contractorotherwise,andmaytakepossessionofanduseanymaterials,appliances,and necessaryforcompletingthework.Contractoranditssuretiesshallbeliableforanydamagetotherecipient resultingfromcontractor'srefusalorfailuretocompletetheworkwithinspecifiedtime,whetherornot contractor'srighttoproceedwiththeworkisterminated.Thisliabilityincludesanyincreasedcostsincurredbythe recipientincompletingthework. Contractor'srighttoproceedshallnotbeterminatednorshallcontractorbechargedwithdamagesunderthisclause if: Revised July 2016 Page 15 of 39 1.Delayincompletingtheworkarisesfromunforeseeablecausesbeyondthecontrolandwithoutthefaultor negligenceofcontractor.Examplesofsuchcausesinclude:actsofGod,actsoftherecipient,actsofanother contractorintheperformanceofacontractwiththerecipient,epidemics,quarantinerestrictions,strikes, freightembargoes;and 2.Contractor,within10daysfromthebeginningofanydelay,notifiestherecipientinwritingofthecausesof delay.IfintheƩĻĭźƦźĻƓƷ͸ƭjudgment,delayisexcusable,thetimeforcompletingtheworkshallbeextended. parties,butsubjecttoappealundertheDisputes TheƩĻĭźƦźĻƓƷ͸ƭjudgmentshallbefinalandconclusiveonthe clauses. If,afterterminationofcontractor'srighttoproceed,itisdeterminedthatcontractorwasnotindefault,orthatthe delaywasexcusable,therightsandobligationsofthepartieswillbethesameasifterminationhadbeenissuedforthe ƩĻĭźƦźĻƓƷ͸ƭconvenience. i.TerminationforConvenienceorDefault(Architect&Engineering)therecipientmayterminatethiscontractinwhole orinpart,fortherecipient'sconvenienceorbecauseofĭƚƓƷƩğĭƷƚƩ͸ƭfailuretofulfillcontractobligations.Therecipient nature,extent,andeffectivedateof shallterminatebydeliveringtocontractoranoticeofterminationspecifyingthe termination.Uponreceiptofthenotice,contractorshall(1)immediatelydiscontinueallservicesaffected(unlessthe noticedirectsotherwise),and(2)delivertotherecipientalldata,drawings,specifications,reports,estimates, summaries,andotherinformationandmaterialsaccumulatedinperformingthiscontract,whethercompletedorin process.IfterminationisfortheƩĻĭźƦźĻƓƷ͸ƭconvenience,itshallmakeanequitableadjustmentinthecontractprice butshallallownoanticipatedprofitonunperformedservices.IfterminationisforĭƚƓƷƩğĭƷƚƩ͸ƭfailuretofulfillcontract shallbeliableforany obligations,therecipientmaycompletetheworkbycontactorotherwiseandcontractor additionalcostincurredbytherecipient.If,afterterminationforfailuretofulfillcontractobligations,itisdetermined thatcontractorwasnotindefault,therightsandobligationsofthepartiesshallbethesameasifterminationhadbeen issuedfortheƩĻĭźƦźĻƓƷ͸ƭconvenience. j.TerminationforConvenienceorDefault(CostTypeContracts)therecipientmayterminatethiscontract,orany portionofit,byservinganoticeorterminationoncontractor.Thenoticeshallstatewhetherterminationisfor convenienceoftherecipientorfordefaultofcontractor.Ifterminationisfordefault,thenoticeshallstatethemanner inwhichcontractorhasfailedtoperformtherequirementsofthecontract.Contractorshallaccountforanyproperty initspossessionpaidforfromfundsreceivedfromtherecipient,orpropertysuppliedtocontractorbytherecipient.If terminationisfordefault,therecipientmayfixthefee,ifthecontractprovidesforafee,tobepaidtocontractorin proportiontothevalue,ifany,ofworkperformeduptothetimeoftermination.Contractorshallpromptlysubmitits terminationclaimtotherecipientandthepartiesshallnegotiatetheterminationsettlementtobepaidtocontractor. IfterminationisfortheƩĻĭźƦźĻƓƷ͸ƭconvenience,contractorshallbepaiditscontractcloseoutcosts,andafee,ifthe contractprovidedforpaymentofafee,inproportiontotheworkperformeduptothetimeoftermination. default,therecipientdeterminesthatcontractorhasanexcusablereason If,afterservinganoticeofterminationfor fornotperforming,suchasstrike,fire,flood,eventswhicharenotthefaultofandarebeyondthecontrolof contractor,therecipient,aftersettingupanewworkschedule,mayallowcontractortocontinuework,ortreatthe terminationasaterminationforconvenience. 8.GovernmentWideDebarmentandSuspension(NonProcurement) TheCityagreestothefollowing:(1)Itwillcomplywiththerequirementsof2C.F.R.part180,subpartC,as adoptedandsupplementedbyU.S.DOTregulationsat2C.F.R.part1200,whichincludethefollowing:(a)Itwill implementationoftheProjectwithanyThird notenterintoanyarrangementtoparticipateinthedevelopmentor PartyParticipantthatisdebarredorsuspendedexceptasauthorizedby:1U.S.DOTregulations, ͻbƚƓƦƩƚĭǒƩĻƒĻƓƷSuspensionand5ĻĬğƩƒĻƓƷͲͼ2C.F.R.part1200,2U.S.OMB,ͻDǒźķĻƌźƓĻƭtoAgencieson GovernmentwideDebarmentandSuspension(NonƦƩƚĭǒƩĻƒĻƓƷΜͲͼ2C.F.R.part180,includinganyamendments thereto,and3ExecutiveOrdersNos.12549and12689,ͻ5ĻĬğƩƒĻƓƷand{ǒƭƦĻƓƭźƚƓͲͼ31U.S.C.§6101note,(b)It willreviewtheU.S.GSAͻ{ǤƭƷĻƒforAwardağƓğŭĻƒĻƓƷͲͼhttp://https.www.sam.gov,.proxy1.semalt.designif requiredbyU.S.DOTregulations,2C.F.R.part1200,and(c)Itwillinclude,andrequireeachofitsThirdParty Participantstoinclude,asimilarprovisionineachlowertiercoveredtransaction,ensuringthateachlowertier ThirdPartyParticipant:1WillcomplywithFederaldebarmentandsuspensionrequirements,and2Reviewsthe Revised July 2016 Page 16 of 39 ͻ{ǤƭƷĻƒforAwardağƓğŭĻƒĻƓƷͼathttp://https.www.sam.gov,.proxy1.semalt.designifnecessarytocomplywith U.S.DOTregulations,2C.F.R.part1200,and(2)IftheRecipientsuspends,debars,ortakesanysimilaraction againstaThirdPartyParticipantorindividual,theRecipientwillprovideimmediatewrittennoticetothe:(a)FTA RegionalCounselfortheRegioninwhichtheRecipientislocatedorimplementstheProject,(b)FTAProject ManageriftheProjectisadministeredbyanFTAHeadquartersOffice,or(c)FTAChiefCounsel. 9.ContractsInvolvingFederalPrivacyActRequirements ThefollowingrequirementsapplytotheContractoranditsemployeesthatadministeranysystemofrecordson behalfoftheFederalGovernmentunderanycontract: (1)TheContractoragreestocomplywith,andassuresthecomplianceofitsemployeeswith,theinformation restrictionsandotherapplicablerequirementsofthePrivacyActof1974,5U.S.C.§552a.Amongotherthings,the ContractoragreestoobtaintheexpressconsentoftheFederalGovernmentbeforetheContractororits employeesoperateasystemofrecordsonbehalfoftheFederalGovernment.TheContractorunderstandsthat civilandcriminalpenaltiesforviolationofthatAct,applyto therequirementsofthePrivacyAct,includingthe thoseindividualsinvolved,andthatfailuretocomplywiththetermsofthePrivacyActmayresultintermination oftheunderlyingcontract. (2)TheContractoralsoagreestoincludetheserequirementsineachsubcontracttoadministeranysystemof recordsonbehalfoftheFederalGovernmentfinancedinwholeorinpartwithFederalassistanceprovidedbyFTA. 10.CivilRightsRequirements Thefollowingrequirementsapplytotheunderlyingcontract: TheCityunderstandsandagreesthatitmustcomplywithapplicableFederalcivilrightslawsandregulations,and followapplicableFederalguidance,exceptastheFederalGovernmentdeterminesotherwiseinwriting.Therefore, unlessTheCityorProgram,includinganIndianTribeortheTribalTransitProgram,isspecificallyexemptedfroma civilrightsstatute,FTArequirescompliancewiththatcivilrightsstatute,includingcompliancewithequityin service: a.NondiscriminationinFederalPublicTransportationPrograms.ThecontractoragreestocomplywithFederal transitlaw,49U.S.C.§5332ΛC!͸ƭͻbƚƓķźƭĭƩźƒźƓğƷźƚƓͼstatute):(1)C!͸ƭͻbƚƓķźƭĭƩźƒźƓğƷźƚƓͼstatuteprohibits discriminationonthebasisof:(a)Race,(b)Color,(c)Religion,(d)Nationalorigin,(e)Sex,(f)Disability,or(g)Age, and(2)TheFTAͻbƚƓķźƭĭƩźƒźƓğƷźƚƓͼƭƷğƷǒƷĻ͸ƭprohibitionagainstdiscriminationincludes:(a)Exclusionfrom participation,(b)Denialofprogrambenefits,or(c)Discrimination,includingdiscriminationinemploymentor businessopportunity,(3)ExceptasFTAdeterminesotherwiseinwriting:(a)General.Follow:1Themostrecent editionofFTACircular4702.1,ͻźƷƌĻVIRequirementsandGuidelinesforFederalTransitAdministration wĻĭźƦźĻƓƷƭͲͼtotheextentconsistentwithapplicableFederallaws,regulations,andguidance,andotherapplicable Federalguidancethatmaybeissued. b.NondiscriminationΑTitleVIoftheCivilRightsAct.TheContractoragreesto:(1)Prohibitdiscriminationbased on:(a)Race,(b)Color,or(c)Nationalorigin,(2)Complywith:(a)TitleVIoftheCivilRightsActof1964,as amended,42U.S.C.§2000detseq.,(b)U.S.DOTregulations,ͻbƚƓķźƭĭƩźƒźƓğƷźƚƓinFederallyAssistedPrograms oftheDepartmentofTransportationΑEffectuationofTitleVIoftheCivilRightsActofЊВЏЍͲͼ49C.F.R.part21, FTA and(c)Federaltransitlaw,specifically49U.S.C.§5332,asstatedintheprecedingsectiona,and(3)Exceptas determinesotherwiseinwriting,follow:(a)ThemostrecenteditionofFTACircular4702.1,ͻźƷƌĻVIandTitleVI DependentGuidelinesforFederalTransitAdministrationwĻĭźƦźĻƓƷƭͲͼtotheextentconsistentwithapplicable Federallaws,regulations,andguidance.(b)U.S.DOJ,ͻDǒźķĻƌźƓĻƭfortheenforcementofTitleVI,CivilRightsActof ЊВЏЍͲͼ28C.F.R.§50.3,and(c)OtherapplicableFederalguidancethatmaybeissued. c.EqualEmploymentOpportunity.TheContractoragreesto,prohibitdiscriminationonthebasisofrace,color, 1964,asamended,42U.S.C. religion,sex,ornationalorigin,and:(a)ComplywithTitleVIIoftheCivilRightsActof §2000eetseq.,(b)FacilitatecompliancewithExecutiveOrderNo.11246,ͻ9ƨǒğƌEmploymenthƦƦƚƩƷǒƓźƷǤͲͼas Revised July 2016 Page 17 of 39 amendedbyExecutiveOrderNo.11375,ͻ!ƒĻƓķźƓŭExecutiveOrderNo.11246,RelatingtoEqualEmployment hƦƦƚƩƷǒƓźƷǤͲͼЍЋU.S.C.§2000enote,(c)ComplywithFederaltransitlaw,specifically49U.S.C.§5332,asstatedin sectiona,and(d)ComplywithotherapplicableEEOlawsandregulations,asprovidedinFederalguidance, includinglawsandregulationsprohibitingdiscriminationonthebasisofdisability,exceptastheFederal Governmentdeterminesotherwiseinwriting,(2)General.Thecontractoragreesto:(a)Ensurethatapplicantsfor employmentareemployedandemployeesaretreatedduringemploymentwithoutdiscriminationonthebasisof their:1Race,2Color,3Religion,4Sex,5Disability,6Age,or7Nationalorigin,(b)Takeaffirmativeactionthat includes,butisnotlimitedto:1Recruitmentadvertising,2Recruitment,3Employment,4Ratesofpay,5Other Demotions, formsofcompensation,6Selectionfortraining,includingapprenticeship,7Upgrading,8Transfers,9 10Layoffs,and11Terminations,but(b)IndianTribe.TitleVIIoftheCivilRightsActof1964,asamended,exempts IndianTribesunderthedefinitionof"Employer".(3)EqualEmploymentOpportunityRequirementsfor ConstructionActivities.Inadditiontotheforegoing,whenundertakingͻĭƚƓƭƷƩǒĭƷźƚƓͼasrecognizedbytheU.S. DepartmentofLabor(U.S.DOL),thecontractoragreestocomply,with:(a)U.S.DOLregulations,ͻhŅŅźĭĻofFederal ContractCompliancePrograms,EqualEmploymentOpportunity,Departmentof\[ğĬƚƩͲͼ41C.F.R.chapter60,and (b)ExecutiveOrderNo.11246,ͻ9ƨǒğƌEmploymenthƦƦƚƩƷǒƓźƷǤͲͼasamendedbyExecutiveOrderNo.11375, 11246,RelatingtoEqualEmploymenthƦƦƚƩƷǒƓźƷǤͲͼ42U.S.C. ͻ!ƒĻƓķźƓŭExecutiveOrderNo. §2000enote, d.DisadvantagedBusinessEnterprise.TotheextentauthorizedbyapplicableFederallaw,theRecipientagreesto facilitate,andassuresthateachThirdPartyParticipantwillfacilitate,participationbysmallbusinessconcerns ownedandcontrolledbysociallyandeconomicallydisadvantagedindividuals,alsoreferredtoasͻ5źƭğķǝğƓƷğŭĻķ Business9ƓƷĻƩƦƩźƭĻƭͼ(DBEs),intheProjectasfollows:1)Requirements.TheRecipientagreestocomplywith:(a) Section1101(b)ofMAP21,23U.S.C.§101note,(b)U.S.DOTregulations,ͻtğƩƷźĭźƦğƷźƚƓbyDisadvantaged BusinessEnterprisesinDepartmentofTransportationFinancialAssistancetƩƚŭƩğƒƭͲͼ49C.F.R.part26,and(c) Federaltransitlaw,specifically49U.S.C.§5332,asstatedinsectiona,(2)Assurance.Asrequiredby49C.F.R.§ 26.13(a),(b)DBEProgramRequirements.Recipientsreceivingplanning,capitaland/oroperatingassistancethat willawardprimethirdpartycontractsexceeding$250,000inaFederalfiscalyearmust:1HaveaDBEprogram meetingtherequirementsof49C.F.R.part26,2ImplementaDBEprogramapprovedbyFTA,and3Establishan annualDBEparticipationgoal,(c)SpecialRequirementsforaTransitVehicleManufacturer.TheRecipient aconditionofbeingauthorizedtobidor understandsandagreesthateachtransitvehiclemanufacturer,as proposeonFTAassistedtransitvehicleprocurements,mustcertifythatithascompliedwiththerequirementsof 49C.F.R.part26,(d)theRecipientprovidesassurancethat:TheRecipientshallnotdiscriminateonthebasisof race,color,nationalorigin,orsexintheawardandperformanceofanyDOTassistedcontractorinthe administrationofitsDBEprogramortherequirementsof49C.F.R.part26.TheRecipientshalltakeallnecessary andreasonablestepsunder49C.F.R.part26toensurenondiscriminationintheawardandadministrationofDOT assistedcontracts.TheRecipient'sDBEprogram,asrequiredby49C.F.R.part26andasapprovedbyDOT,is incorporatedbyreferenceinthisagreement.Implementationofthisprogramisalegalobligationandfailureto theRecipientofitsfailure carryoutitstermsshallbetreatedasaviolationofthisagreement.Uponnotificationto tocarryoutitsapprovedprogram,theDepartmentmayimposesanctionsasprovidedforunder49C.F.R.part26 andmay,inappropriatecases,referthematterforenforcementunder18U.S.C.§1001and/ortheProgramFraud CivilRemediesActof1986,31U.S.C.§3801etseq.,(2)ExceptionfortheTribalTransitProgram.FTAexempts IndiantribesfromtheDisadvantagedBusinessEnterpriseregulationsat49C.F.R.part26underMAP21and previouslegislation, e.NondiscriminationontheBasisofSex.ThecontractoragreestocomplywithFederalprohibitionsagainst discriminationonthebasisofsex,including:(1)TitleIXoftheEducationAmendmentsof1972,asamended,20 U.S.C.§1681etseq.,(2)U.S.DOTregulations,ͻbƚƓķźƭĭƩźƒźƓğƷźƚƓontheBasisofSexinEducationProgramsor ActivitiesReceivingFederalFinancial!ƭƭźƭƷğƓĭĻͲͼ49C.F.R.part25,and(3)Federaltransitlaw,specifically49 U.S.C.§5332,asstatedinsectiona, f.NondiscriminationontheBasisofAge.ThecontractoragreestocomplywithFederalprohibitionsagainst discriminationonthebasisofage,including:(1)TheAgeDiscriminationinEmploymentAct(ADEA),29U.S.C.§§ 621Α634,whichprohibitsdiscriminationonthebasisofage,(2)U.S.EqualEmploymentOpportunityCommission Revised July 2016 Page 18 of 39 (U.S.EEOC)regulations,ͻ!ŭĻDiscriminationinEmployment!ĭƷͲͼ29C.F.R.part1625,whichimplementsthe ADEA,(3)TheAgeDiscriminationActof1975,asamended,42U.S.C.§6101etseq.,whichprohibitsdiscrimination againstindividualsonthebasisofageintheadministrationofprogramsoractivitiesreceivingFederalfunds,(4) U.S.HealthandHumanServicesregulations,ͻbƚƓķźƭĭƩźƒźƓğƷźƚƓontheBasisofAgeinProgramsorActivities ReceivingFederalFinancial!ƭƭźƭƷğƓĭĻͲͼ45C.F.R.part90,whichimplementstheAgeDiscriminationActof1975, and(5)Federaltransitlaw,specifically49U.S.C.§5332,asstatedinsectiona, ontheBasisofDisability.ThecontractoragreestocomplywiththefollowingFederal g.Nondiscrimination prohibitionspertainingtodiscriminationagainstseniorsorindividualswithdisabilities:(1)Federallaws,including: (a)Section504oftheRehabilitationActof1973,asamended,29U.S.C.§794,whichprohibitsdiscriminationon thebasisofdisabilityintheadministrationoffederallyfundedprogramsoractivities,(b)TheAmericanswith DisabilitiesActof1990(ADA),asamended,42U.S.C.§12101etseq.,whichrequiresthataccessiblefacilitiesand servicesbemadeavailabletoindividualswithdisabilities,1General.TitlesI,II,andIIIoftheADAapplytoFTA Recipients,but2IndianTribes.WhileTitlesIIandIIIoftheADAapplytoIndianTribes,TitleIoftheADAexempts IndianTribesfromthedefinitionofͻĻƒƦƌƚǤĻƩͲͼ(c)TheArchitecturalBarriersActof1968,asamended,42U.S.C.§ thatbuildingsandpublicaccommodationsbeaccessibletoindividualswith 4151etseq.,whichrequires disabilities,(d)Federaltransitlaw,specifically49U.S.C.§5332,whichnowincludesdisabilityasaprohibitedbasis fordiscrimination,and(e)Otherapplicablelawsandamendmentspertainingtoaccessforelderlyindividualsor individualswithdisabilities,(2)Federalregulations,including:(a)U.S.DOTregulations,ͻƩğƓƭƦƚƩƷğƷźƚƓServices forIndividualswithDisabilitiesΛ!5!ΜͲͼ49C.F.R.part37,(b)U.S.DOTregulations,ͻbƚƓķźƭĭƩźƒźƓğƷźƚƓontheBasis ofDisabilityinProgramsandActivitiesReceivingorBenefitingfromFederalFinancial!ƭƭźƭƷğƓĭĻͲͼ49C.F.R.part ĻƭƭĻƌƭͲͼ49C.F.R.part39, 27,(c)U.S.DOTregulations,ͻƩğƓƭƦƚƩƷğƷźƚƓforIndividualswithDisabilities:Passenger (d)JointU.S.ArchitecturalandTransportationBarriersComplianceBoard(U.S.ATBCB)andU.S.DOTregulations, ͻ!ƒĻƩźĭğƓƭWithDisabilities(ADA)AccessibilitySpecificationsforTransportationĻŷźĭƌĻƭͲͼ36C.F.R.part1192 and49C.F.R.part38,(e)U.S.DOJregulations,ͻbƚƓķźƭĭƩźƒźƓğƷźƚƓontheBasisofDisabilityinStateandLocal Government{ĻƩǝźĭĻƭͲͼ28C.F.R.part35,(f)U.S.DOJregulations,ͻbƚƓķźƭĭƩźƒźƓğƷźƚƓontheBasisofDisabilityby PublicAccommodationsandinCommercialCğĭźƌźƷźĻƭͲͼ28C.F.R.part36,(g)U.S.EEOC,ͻwĻŭǒƌğƷźƚƓƭtoImplement theEqualEmploymentProvisionsoftheAmericanswithDisabilities!ĭƷͲͼ29C.F.R.part1630,(h)U.S.Federal CommunicationsCommissionregulations,ͻĻƌĻĭƚƒƒǒƓźĭğƷźƚƓƭRelayServicesandRelatedCustomerPremises EquipmentforPersonswith5źƭğĬźƌźƷźĻƭͲͼ47C.F.R.part64,SubpartF,(i)U.S.ATBCBregulations,ͻ9ƌĻĭƷƩƚƓźĭand InformationTechnologyAccessibility{ƷğƓķğƩķƭͲͼ36C.F.R.part1194,and(j)FTAregulations,ͻƩğƓƭƦƚƩƷğƷźƚƓfor ElderlyandHandicappedtĻƩƭƚƓƭͲͼ49C.F.R.part609,and(3)OtherapplicableFederalcivilrightsand nondiscriminationguidance, h.DrugorAlcoholAbuseConfidentialityandOtherCivilRightsProtections.Thecontractoragreestocomplywith theconfidentialityandcivilrightsprotectionsof:(1)TheDrugAbuseOfficeandTreatmentActof1972,as seq.,(2)TheComprehensiveAlcoholAbuseandAlcoholismPrevention,Treatment amended,21U.S.C.§1101et andRehabilitationActof1970,asamended,42U.S.C.§4541etseq.,and(3)ThePublicHealthServiceAct,as amended,42U.S.C.§§290ddΑ290dd2, i.AccesstoServicesforPeoplewithLimitedEnglishProficiency.ExceptastheFederalGovernmentdetermines otherwiseinwriting,theRecipientagreestopromoteaccessibilityofpublictransportationservicestopeople whoseunderstandingofEnglishislimitedbyfollowing:1)ExecutiveOrderNo.13166,ͻLƒƦƩƚǝźƓŭAccessto 1note,and(2)U.S.DOT ServicesforPersonswithLimitedEnglishtƩƚŅźĭźĻƓĭǤͲͼAugust11,2000,42U.S.C.§2000d Notice,ͻ5hPolicyGuidanceConcerningwĻĭźƦźĻƓƷƭ͸ResponsibilitiestoLimitedEnglishProficiency(LEP)tĻƩƭƚƓƭͲͼ 70Fed.Reg.74087,December14,2005, j.OtherNondiscriminationLaws.ExceptastheFederalGovernmentdeterminesotherwiseinwriting,the Recipientagreesto:(1)ComplywithotherapplicableFederalnondiscriminationlawsandregulations,and(2) FollowFederalguidanceprohibitingdiscrimination. k.Remedies.RemediesforfailuretocomplywithapplicableFederalCivilRightslawsandFederalregulationsmay beenforcedasprovidedinthoseFederallawsorFederalregulations. Revised July 2016 Page 19 of 39 11.BreachesandDisputeResolution Disputesarisingintheperformanceofthiscontractwhicharenotresolvedbyagreementofthepartiesshallbe decidedinwritingbytheĭźƷǤ͸ƭauthorizedrepresentative.Thisdecisionshallbefinalandconclusiveunlesswithin ten(10)daysfromthedateofreceiptofitscopy,contractormailsorotherwisefurnishesawrittenappealtothe ƩĻĭźƦźĻƓƷ͸ƭCEO.Inconnectionwithsuchappeal,contractorshallbeaffordedanopportunitytobeheardandto offerevidenceinsupportofitsposition.ThedecisionoftheƩĻĭźƦźĻƓƷ͸ƭCEOshallbebindinguponcontractorand hasavestedinterestinthesettlementofanyviolationofFederallaw contractorshallabidebythedecision.FTA includingthetheFalseClaimsAct,31U.S.C.§3729. PerformanceDuringDisputeUnlessotherwisedirectedbythecity,contractorshallcontinueperformanceunder thiscontractwhilemattersindisputearebeingresolved. ClaimsforDamagesShouldeitherpartytothecontractsufferinjuryordamagetopersonorpropertybecauseof anyactoromissionofthepartyorofanyofhisemployees,agentsorothersforwhoseactsheislegallyliable,a otherpartywithintendaysafterthefirstobservance claimfordamagesthereforeshallbemadeinwritingtosuch ofsuchinjuryordamage. RemediesUnlessthiscontractprovidesotherwise,allclaims,counterclaims,disputesandothermattersin questionbetweenthecityandcontractorarisingoutoforrelatingtothisagreementoritsbreachwillbedecided byarbitrationifthepartiesmutuallyagree,orinacourtofcompetentjurisdictionwithintheresidingState. RightsandRemediesDutiesandobligationsimposedbythecontractdocumentsandtherightsandremedies availablethereundershallbeinadditiontoandnotalimitationofanyduties,obligations,rightsandremedies otherwiseimposedoravailablebylaw.Noactionorfailuretoactbythecityorcontractorshallconstituteawaiver ofanyrightordutyaffordedanyofthemunderthecontract,norshallanysuchactionorfailuretoactconstitute anapprovaloforacquiescenceinanybreachthereunder,exceptasmaybespecificallyagreedinwriting. 12.DisadvantagedBusinessEnterprise A.DBEGoal AlthoughtheCityofSantaClarita(hereinafterreferredtoasͻ/źƷǤͼΜhasnotestablishedaDBEcontract specificgoalonthisproject,allraceneutralDBEparticipationwillcounttowardthe/źƷǤ͸ƭfederally mandatedoverallDBEgoal. B.DBEPolicyandApplicability theFederalTransitAdministration(FTA)oftheUnited TheCityreceivesfederalfinancialassistancefrom StatesDepartmentofTransportation(U.S.DOT)andasaconditionofreceivingsuchassistancehas developedaDisadvantagedBusinessEnterprise(DBE)Program(accessibleviathe/źƷǤ͸ƭwebsite)in accordancewithfederalregulationspublishedunderTitle49CFR,Part26andsubsequentGuidance. The/źƷǤ͸ƭDBEProgramsetsforththepoliciesandprocedurestobeimplementedbytheCitytoensure thatDBEshaveanequitableopportunitytoparticipateinthe/źƷǤ͸ƭfederalaidcontractingopportunities. FurthermoretheDBEProgramManualdescribestheprocesses,procedures,documents,authorizations, approvalsandcertifications,necessarytomaintaincompliancewithDBErequirementsandensurethe /źƷǤ͸ƭcontinuedreceiptoffederalaidfundsforlocaltransportationprojects. TheprojectissubjecttotheDBErequirementsofthe/źƷǤ͸ƭDBEProgramManualandTitle49CFR,Part26 areherebyincorporatedintothisContractbyreference.Additionally,allDBEparticipationwillcount towardthe/źƷǤ͸ƭfederallymandatedoverallDBEgoal. Revised July 2016 Page 20 of 39 PursuanttotheintentoftheseRegulations,itisthepolicyofthe Cityto: ImplementstrategiesthatpromotethespiritandintentoftheFederalDBEProgramregulations publishedunderU.S.DOTTitle49CFRPart26,byensuringthatDBEshaveequitableaccessand opportunitiestoparticipateinallof/źƷǤ͸ƭDOTassistedcontractingopportunities. Ensurenondiscriminationintheawardandadministrationof/źƷǤ͸ƭDOTassistedcontracts. CreatealevelplayingfieldonwhichDBEscancompetefairlyforDOTassistedcontracts. arepermittedtoparticipate Ensurethatonlyfirmsthatmeet49CFRPart26eligibilitystandards asDBEs. HelpremovebarrierstotheparticipationofDBEsinDOTassistedcontracts. Providetrainingandotherassistancethroughourresourcepartnerstoaddresscapital,bonding andinsuranceneeds. Assistinthedevelopmentoffirmsthatcancompetesuccessfullyinthemarketplaceoutsidethe DBEProgram. TheCityshallnotdiscriminateonthebasisofrace,color,nationaloriginorgenderintheawardand performanceofanyU.S.DOTassistedcontractorintheadministrationofitsDBEProgramorthe requirementsof49CFRPart26.TheCityshalltakeallnecessaryandreasonablestepsunderPart26 toensurenondiscriminationintheawardandadministrationofU.S.DOTassistedcontracts.The City'sDBEProgram,asrequiredbyPart26andasapprovedbytheU.S.DOT,isincorporatedby referenceinthisagreement.ImplementationofthisProgramisalegalobligationandfailuretocarry outitstermsshallbetreatedasaviolationofthisagreement.UponnotificationtotheCityofits failuretocarryoutitsapprovedProgram,theDepartmentmayimposesanctionsasprovidedforunder Part26andmay,inappropriatecases,referthematterforenforcementunder18U.S.C.1001and/or theProgramFraudCivilRemediesActof1986(31U.S.C.3801etseq.) Pursuantto49CFR26.13(b):Proposersshallnotdiscriminateonthebasisofrace,color,national origin,orsexintheawardandperformanceofsubcontracts. inthissectionthataredefinedin49CFRPart26,orelsewhereintheRegulations, Anytermsused shallhavethemeaningsetforthintheRegulations.Intheeventofanyconflictsorinconsistencies betweentheRegulationsandthe/źƷǤ͸ƭDBEProgramwithrespecttoDOTassistedcontracts,the Regulationsshallprevail. C.RaceNeutralDBEProgramMeasures TheCitywillutilizeRaceNeutralmeansinmeetingitsoverallDBEProgramgoal. TheCityplanstoimplementthefollowingraceneutralmeasurestocomplywith49CFRPart26.51and SectionVoftheCaliforniaDepartmentofTransportationDBEProgramImplementationAgreementfor LocalAgencies: Arrangingsolicitations,timesforthepresentationofbids,quantities,specifications,anddeliveryschedules inwaysthatfacilitateDBE,andothersmallbusinesses,participation(e.g.,unbundlinglargecontractsto makethemmoreaccessibletosmallbusinesses,requiringorencouragingprimeconsultantstosubcontract ownforces);PlannedRaceNeutral portionsofworkthattheymightotherwiseperformwiththeir Measures:TheCitywillpostallbidsover$40,000throughPlanetbidstoensureanopen,fairand competitiveselectionprocess.ThissystemallowsfirmstoregisterforconsiderationforfutureInvitationsfor Bids(IFB)orRequestsforBids(RFP)opportunitiesandreceiveinstantalertsregardingprebids,addendums andcontractdocuments. Revised July 2016 Page 21 of 39 Providingassistanceinovercominglimitationssuchasinabilitytoobtainbondingorfinancing(e.g.,bysuch meansassimplifyingthebondingprocess,reducingbondingrequirements,eliminatingtheimpactof suretycostsfrombids,andprovidingservicestohelpDBEs,andothersmallbusinesses,obtainbondingand financing);PlannedRaceNeutralMeasures:TheCitywill,throughitswebsiterefertheDBEandSmall BusinessContractingCommunitytotheSBABondingAssistanceProgram.VisittheU.S.SmallBusiness Administrationwebsite:www.sba.gov/suretybonds. Carryingoutinformationandcommunicationprogramsoncontractingproceduresandspecificcontract opportunities(e.g.,ensuringtheinclusionofDBEs,andothersmallbusinesses,onrecipientmailinglistsof bidders;ensuringthedisseminationtobiddersonprimecontractsoflistsofpotentialsubconsultants; provisionofinformationinlanguagesotherthanEnglish,whereappropriate);PlannedRaceNeutral Measures:TheCityprovidesDBEsandSmallBusinessfirmstheabilitytoutilizeandreview bid/procurementplansatthroughPlanetbidstoprovideanequalopportunityforallbusinessenterprisesto participateintheirpurchasingandcontractingactivities.TheCityhasinformedtheprocurement communityandsmallbusinessfirmsthatthisresourcehasbeenmadeavailabletoviathe/źƷǤ͸ƭwebsite. TheCityisconfidentthatprovidingDBEsandSmallBusinessfirmsonlineaccesstothesecrucialplansat minimalcostwillaidinlevelingtheplayingfieldandenablethemtosubmitqualityproposalsandbids. Planetbidswillprovidefirmswiththeefficiencytoolstosearchandtrackprojects,competitors,bid partners,andhistoricalbidinformationandresults. termbusiness Implementingasupportiveservicesprogramtodevelopandimproveimmediateandlong management,recordkeeping,andfinancialandaccountingcapabilityforDBEsandothersmallbusinesses; PlannedRaceNeutralMeasures:TheCitywillactivelypromotetheSBABondingAssistanceProgramand CaliforniaDepartmentofGeneralServices(DGS)toitsmarketplaceconsultants,consultantsandvendors throughthe/źƷǤ͸ƭwebsitebydirectingthemto www.sba.gov/suretybondsand www.dgs.ca.gov/pd/Programs/OSDS.aspx EnsuringdistributionofyourDBEdirectory,throughprintandelectronicmeans,tothewidestfeasible universeofpotentialprimeconsultants;PlannedRaceNeutralMeasures:TheCitywilladviseits ContractingCommunityoftheavailabilityoftheCaliforniaUnifiedCertificationProgram(CUCP)database (directoryofCertifiedDBEs)websiteat www.dot.ca.gov/hq/bep/find_certified.htm Establishingaprogramtoassistnew,startupfirms,particularlyinfieldsinwhichDBEparticipationhas historicallybeenlow;PlannedRaceNeutralMeasures:TheCityhascompletedandpostedBusiness ResourceLinksontheirwebsitetoassistnewDBEandSmallBusinessfirmsinobtainingcrucialguidance andassistancewhencompetingforandcompletingthe/źƷǤ͸ƭprojects,inclusiveofseverallinksproviding firmswithtoolsforsuccess. AssistingDBEs,andothersmallbusinesses,todeveloptheircapabilitytoutilizeemergingtechnologyand conductbusinessthroughelectronicmedia.PlannedRaceNeutralMeasures:TheCitywilladvisetheDBE andSmallBusinesscommunitytoparticipateandattend5D{͸ƭcoursesspecificallyofferedthroughtheDGS websitevia http://apps.cta.ca.gov/EMC/SBDVBE.Additionally,the/źƷǤ͸ƭutilizationofPlanetbidsallows firmstoregisterforconsiderationforfutureInvitationsforBids(IFB)orRequestsforProposals(RFP) opportunitiesandsubmitbidselectronically.Byregisteringontheonlinesystem,DBEsandsmallbusinesses willbenotifiedviaemailofupcomingbiddingandproposalopportunitiesintheareasofworktheyhave registeredinterestinperforming D.Definitions AnytermsusedinthisProgramthataredefinedin49CFRPart26orelsewhereintheRegulationsshallhave themeaningsetforthintheRegulations.Thefollowingdefinitionsapplytothetermsasusedinthese provisions: Revised July 2016 Page 22 of 39 ProposersList:Alistofallconsultantsthathaveexpressedaninterestinbiddingonprimeandsubcontracts onthe/źƷǤ͸ƭU.S.DOTassistedprojects. CaliforniaUnifiedCertificationProgram(CUCP):/ğƌźŅƚƩƓźğ͸ƭonestopcertificationclearinghousewhich standardizesDBEcertificationcriteriaacrossallcertifyingmembersoftheCUCPandenablesapplicantsto applyonceforDBEcertification,whichwillbehonoredbyallDOTrecipientswithinCalifornia. CodeofFederalRegulations(CFR):Codificationofthegeneralandpermanentrulesandregulationsofthe executivedepartmentsandagenciesoftheU.S.federalgovernment. thathasanecessaryandusefulroleinthecontract CommerciallyUsefulFunction:WorkperformedbyaDBE scopeofworkandonwhichtheŅźƩƒ͸ƭroleisnotasuperfluousstepaddedinanattempttoobtaincredit towardgoals.If,inthe/źƷǤ͸ƭjudgement,thefirm(eventhoughaneligibleDBE)doesnotperforma commerciallyusefulfunctioninthetransaction,thefirmwillnotreceiveDBEcredit. DisadvantagedBusinessEnterprise(DBE):meansasmallbusinessconcern:(a)whichisatleast51percent ownedbyoneormoresociallyandeconomicallydisadvantagedindividualsor,inthecaseofanypublicly ownedbusiness,atleast51percentofthestockofwhichisownedbyoneormoresociallyandeconomically disadvantagedindividuals;and(b)whosemanagementanddailybusinessoperationsarecontrolledbyone ormoreofthesociallyandeconomicallydisadvantagedindividualswhoownit. DBEDirectory:TheCaliforniaUnifiedCertificationtƩƚŭƩğƒ͸ƭΛ/ /t͸ƭΜlistofcertifiedDBEs,whichisusedby theCityanditsconsultantstoidentifypotentialDBEprimeandsubconsultants,suppliers,etc. DOTAssistedContract:Acontractbetweenarecipientandaconsultant(atanytier)fundedinwholeorin partwithU.S.DOTfinancialassistance,includinglettersofcreditorloanguarantees,exceptacontractsolely forthepurchaseoflandorimprovedrealproperty. GoodCause:AnacceptablereasonforterminatingaDBEsubconsultantonaCitycontract.ͻDƚƚķĭğǒƭĻͼis definedasasituationwheretheDBEsubconsultanthasfailedorrefusedtoperformtheworkofits subcontractinaccordancewithnormalindustrystandards. GoodFaithEfforts(GFE):EffortstoachieveaDBEgoalorotherrequirementofthisPart,which,bytheir scope,intensity,andappropriatenesstotheobjective,canreasonablybeexpectedtofulfilltheprogram requirement. Fraud:includesafirmthatdoesnotmeettheeligibilitycriteriaofbeingacertifiedDBEandthatattemptsto participateinaDOTassistedprogramasaDBEonthebasisoffalse,fraudulent,ordeceitfulstatementsor representationsorundercircumstancesindicatingaseriouslackofbusinessintegrityorhonesty.TheCity maytakeenforcementactionunder49CFRPart31,ProgramFraudandCivilRemedies,againstany participantintheDBEprogramwhoseconductissubjecttosuchactionunder49CFRPart31.TheCitymay refercasesofidentifiedfraudtotheDepartmentofJustice,forprosecutionunder18U.S.C.1001orother applicableprovisionsoflaw,anypersonwhomakesafalseorfraudulentstatementinconnectionwith participationofaDBEinanyDOTassistedprogramorotherwiseviolatesapplicableFederalstatutes. Manufacturer:meansafirmthatoperatesormaintainsafactoryorestablishmentthatproducesonthe premisesthematerialsorsuppliesobtainedbytheconsultant. whoarecitizensofthe OtherSociallyandEconomicallyDisadvantagedIndividuals:meansthoseindividuals UnitedStates(orlawfullyadmittedpermanentresidents)andwho,onacasebycasebasis,aredetermined bySmallBusinessAdministrationortheCitytomeetthesocialandeconomicdisadvantagecriteriadescribed below. Revised July 2016 Page 23 of 39 SocialDisadvantage: Theindividual'ssocialdisadvantagemuststemfromhis/hercolor,nationalorigin,gender,physical handicap,longtermresidenceinanenvironmentisolatedfromthemainstreamofAmericansociety,or othersimilarcausebeyondtheindividual'scontrol. Theindividualmustdemonstratethathe/shehaspersonallysufferedsocialdisadvantage. Theindividual'ssocialdisadvantagemustberootedintreatment,whichhe/shehasexperienced inAmericansociety,notinothercountries. Theindividual'ssocialdisadvantagemustbechronic,longstandingandsubstantial,notfleetingor insignificant. Theindividual'ssocialdisadvantagemusthavenegativelyaffectedhis/herentryintoand/or advancementinthebusinessworld. Adeterminationofsocialdisadvantagemustbemadebeforeproceedingtomakeadetermination ofeconomicdisadvantage. EconomicDisadvantage: Theindividual'sabilitytocompeteinthefreeenterprisesystemhasbeenimpaireddueto ofbusiness diminishedcapitalandcreditopportunities,ascomparedtoothersinthesameline andcompetitivemarketareathatarenotsociallydisadvantaged. Thefollowingcriteriawillbeconsideredwhendeterminingthedegreeofdiminishedcreditand capitalopportunitiesofapersonclaimingsocialandeconomicdisadvantage: Withrespecttotheindividual: Θavailabilityoffinancing Θbondingcapability ofoutsideequitycapital Θavailability Θavailablemarkets Withrespecttotheindividualandthebusinessconcern: Θpersonalandbusinessassets Θpersonalandbusinessnetworth Θpersonalandbusinessincomeandprofits OwnedandControlled:meansabusiness:(a)whichisatleast51percentownedbyoneormore"Socially andEconomicallyDisadvantagedIndividuals"or,inthecaseofapubliclyownedbusiness,atleast51percent ofthestockofwhichisownedbyoneormore"SociallyandEconomicallyDisadvantagedIndividuals";and(b) whosemanagementanddailybusinessoperationsarecontrolledbyoneormoresuchindividuals. Revised July 2016 Page 24 of 39 RaceConsciousMeasureorProgram:AprogramormeasurethatfocusesspecificallyonassistingDBEs,i.e., bythedevelopmentandinclusionofparticipationgoalsorGoodFaithEffortactivities. RaceNeutral:Aprogramormeasurethatfocusesonassistingallsmallbusinessesequally,regardlessof gender,ethnicity,orsocial/economicdisadvantage,i.e.,communityoutreachandawarenessprograms.For thepurposesofthispart,raceneutral includesgenderneutrality. RegularDealer/Supplier:Afirmthatowns,operates,ormaintainsastore,warehouse,orotherestablishment inwhichthematerials,supplies,articlesorequipmentofthegeneralcharacterdescribedbythespecifications andrequiredunderthecontractarebought,keptinstock,andregularlysoldorleasedtothepublicinthe usualcourseofbusiness.Tobearegulardealer,thefirmmustbeanestablished,regularbusinessthat engages,asitsprincipalbusinessandunderitsownname,inthepurchaseandsaleorleaseoftheproductsin question.AnysupplementingofregularķĻğƌĻƩƭ͸owndistributionequipmentshallbebyalongtermlease agreementandnotonanadhocorcontractbycontractbasis. SmallBusinessAdministrationorSBA:ThefederalUnitedStatesSmallBusinessAdministration. SBAcertified:Afirmreferstofirmsthathaveacurrent,validcertificationfromorrecognizedbytheSBA underthe8(a)BDorSDBprograms. SmallBusinessConcern:AbusinessthatmeetsthedefinitioncontainedinSection3oftheSmallBusiness ActandSmallBusinessAdministrationregulationsimplementingit(13CFRpart121)thatalsodoesnot exceedthecaponaverageannualgrossreceiptsspecifiedin§26.65(b). TransitVehicle:AvehicleusedbytheCity,e.g.railcar,busorvan,fortheprimarypurposeofpublicmass transportation;thisdefinitiondoesnotincludelocomotivesorferryboats. UnifiedCertificationProgram(UCP):AonestopcertificationclearinghousewhichstandardizesDBE certificationcriteriaacrossallcertifyingmembersoftheUCPandenablesapplicantstoapplyonceforDBE certification,whichwillbehonoredbyallDOTrecipientswithinthestate. U.S.CensusBureau:TheU.S.governmentagencyresponsiblefortheU.S.Census,aswellasothernational demographicandeconomicdata. U.S.DepartmentofTransportation(DOT):DepartmentoftheU.S.federalgovernmentthatisactively involvedwithU.S.transportationatthenational,state,andlocallevels.TheDOTincludestheOfficeofthe Secretary,FederalHighwayAdministration(FHWA),FederalTransitAdministration(FTA),andFederal AviationAdministration(FAA). WorkCategoryCode:TheOfficeofSmallBusinessCertificationandResources(OSBCR)issuesindustrycodes toDBE(s).TheseindustrycodesarelistedintheWorkCategoryCodesectionoftheDisadvantagedQuarterly DirectoryortheWorkCategoryCodeExtractfileontheCUCPwebsite. E.DBEBidSubmissionRequirements ProposershallcompleteandsubmitthefollowingDBEExhibits(forms)atthetimesspecifiedwiththeirBid: ͻ5.9ParticipationCommitmentCƚƩƒͼ ͻtƩƚƦƚƭĻƩƭ\[źƭƷͼ ProposersmustsubmittheDBEformsaboveeveniftheydonotanticipateproposingDBEparticipationon Revised July 2016 Page 25 of 39 thiscontract. 1.ͻ5.9ParticipationCommitmentCƚƩƒͼrequiredattimeofBid.TheProposeristoprovidethefollowing informationforeachDBEthatwillparticipateinthecontract: ThecompletenameandaddressofeachDBEwhowillparticipateinthecontract; AdescriptionoftheworkthateachDBEwillperformorprovide; ThedollaramountoftheworktobeperformedorprovidedbytheDBE; ValidDBECertificationeligibilitystatus,inconformancewith49CFRPart26; TheProposershallalsosubmit,foreachDBEtoperformunderthiscontract,awrittenconfirmationfrom theDBEacknowledgingthatitisparticipatinginthecontractforaspecifiedvalue,includingthe correspondingscopeofwork(asubcontractbidcanserveinlieuofthewrittenconfirmation). 2.ͻtƩƚƦƚƭĻƩƭ\[źƭƷͼrequiredattimeofBid.TheCityisrequiredbyRegulationstocreateandmaintaina ͻtƩƚƦƚƭĻƩƭ\[źƭƷͼofallfirmsbiddingorquotingonthe/źƷǤ͸ƭDOTassistedcontractsforuseincalculating the/źƷǤ͸ƭoverallDBEgoal.Proposersarerequiredtocompleteandsubmittherequestedinformation listedontheͻtƩƚƦƚƭĻƩƭListCƚƩƒͼforallfirms(DBE\[s\]andNonDBE\[s\])whosubmittedabid,quote and/orbid,includingfirmswhowerecontractedbythePrimeProposer. F.DBEEligibilityandCommerciallyUsefulFunctionStandards ADBEmustbecertifiedatthetimeofBid: 1.AcertifiedDBEmustbeasmallbusinessconcernasdefinedpursuanttoSection3oftheU.S.Small BusinessActandrelevantregulationspromulgatedpursuantthereto. 2.ADBEmayparticipateasaprimeconsultant,subconsultant,jointventurepartnerwithaprimeorsub consultant,vendorofmaterialorsupplies,orasatruckingcompany. specificcontractitemsofwork,orclearlydefined 3.ADBEjointventurepartnermustberesponsiblefor portionsthereof.Responsibilitymeansactuallyperforming,managingandsupervisingtheworkwith itsownforces.TheDBEjointventurepartnermustshareinthecapitalcontribution,control, management,risksandprofitsofthejointventurecommensuratewithitsownershipinterest. 4.AttimeofBid,DBEsmustbecertifiedbytheCaliforniaUnifiedCertificationProgram(CUCP).Listings ofDBEscertifiedbytheCUCPareavailablefromthefollowingsources: i.TheCUCPwebsite,whichcanbeaccessedathttp://www.californiaucp.com;orthe Caltransͻ/źǝźƌwźŭŷƷƭͼwebsiteathttp://www.dot.ca.gov/hq/bep. 5.ADBEmustperformacommerciallyusefulfunctioninaccordancewith49CFR26.55(i.e.,mustbe responsiblefortheexecutionofadistinctelementoftheworkandmustcarryoutitsresponsibilityby actuallyperforming,managingandsupervisingthework).ADBEshouldperformatleastthirty (30%)ofthetotalcostofitscontractwithitsownworkforcetopresumeitisperforminga percent commerciallyusefulfunction. G.DBECreditingProvisions TheCityrequiresthatallDBEslistedbyProposersforparticipation,becertifiedaseligibleDBEsat thetimeofbidsubmission,inorderfortheirraceneutralparticipationtobecountedtowardsthe /źƷǤ͸ƭOverallDBEgoal. Revised July 2016 Page 26 of 39 Inaccordancewith49CFR§26.55and§26.71,thefollowingguidelinesapplyincalculating/ countingDBEparticipation: i.Onlytheparticipationoffirmscertifiedinaccordancewith49CFRPart26maybecounted asDBEparticipation. ii.Onlywork(representedbyWorkCategorycode(s))forwhichthefirmiscertifiedasaDBE maybecountedasDBEparticipation. iii.Onlyworkperformedbya5.9͸ƭownworkforces(includingcostofsupplies,materialsand equipmentleasesobtainedbytheDBEfortheworkofthecontract,exceptsuppliesand equipmentthesubconsultantpurchasesand/orleasesfromtheprimeconsultantorits affiliate),maybecountedasDBEparticipation. iv.WhenaDBEsubcontractspartofitsworkofitscontracttoanotherfirm,thevalueofthe subcontractedworkmaybecountedasDBEparticipationonlyiftheDBEsubconsultantis itselfacertifiedDBE.WorkthataDBEsubcontractstoanonDBEfirmdoesnotcountas DBEparticipation.ADBEshouldperformatleastthirtypercent(30%)ofthetotalcostofits contractwithitsownworkforce. v.WhenaDBEperformsasaparticipantinajointventurewithanonDBE,onlytheportionof thetotalcontractdollarvalueequaltothedistinct,clearlydefinedportionoftheworktobe performedbythe5.9͸ƭownforcesmaybecountedasDBEparticipation. i.OnlyworkconsideredtoperformacommerciallyusefulfunctionmaybecountedasDBE participation. ii.FortransportationservicesthatarerequiredunderthecontractandprovidedbyaDBE truckingcompany,DBEparticipationiscountedonthetotalvalueofthetransportation servicestheDBEtruckingcompanyprovidesusingtrucksitowns,insures,andoperatesand usingdriversitemploys. iii.FormaterialsandsuppliesthatarerequiredunderthecontractandobtainedfromaDBE manufacturer,onehundredpercent(100%)ofthematerials/suppliesmaybecountedas DBEparticipation.Forpurposesofthissection,amanufacturerisafirmthatoperatesor maintainsafactoryorestablishmentthatproducesonthepremisesthematerialsand suppliesobtainedbytheconsultant. iv.FormaterialsandsuppliesthatarerequiredunderthecontractandobtainedfromaDBE supplier/regulardealer,sixtypercent(60%)ofthematerials/suppliesmaybecountedasDBE participation.Forpurposesofthissection,asupplier/regulardealerisafirmthatowns, operates,ormaintainsastore,warehouse,orotherestablishmentinwhichthematerialsor suppliesrequiredforperformanceofthecontractarebought,keptinstock,andregularly soldtothepublicintheusualcourseofbusiness. AProposermaycountasDBEparticipation,feesandcommissionspaidtoDBEfirmsthatare v. notmanufacturersorregulardealers,providedthatthefeesorcommissionsaredetermined tobereasonableandnotexcessive,ascomparedwithfeescustomarilyallowedforsimilar services. vi.AProposermaycountasDBEparticipation,alltransportationservicesprovidedbyaDBE truckingfirmthatcandemonstratecontroloftruckingoperationsforwhichitseekscredit Revised July 2016 Page 27 of 39 anditowns,insures,andoperates,usingdriversitemploysintheperformanceofthe contract.TheDBEmustitselfownandoperateatleastonefullylicensed,insured,and operationtruckusedonthecontract.TheDBEtruckingfirmmayleasetrucksfromanother DBEfirm,includinganowneroperatorwhoiscertifiedasaDBE.TheDBEreceivescreditfor thetotalvalueofthetransportationservicesthelesseeDBEprovidesonthecontract.The DBEwholeasestrucksfromanonDBEisentitledtocreditonlyforthefeesorcommissions itreceivesasaresultoftheleasearrangement. vii.PrimeconsultantsareadvisedtonotcountparticipationofDBEsubconsultantstowardsDBE attainmentuntiltheamountbeingcountedhasbeenpaidtotheDBE. viii.Incaseswherea5.9͸ƭcertificationhasceasedduringtheperformanceperiodofthe contract,althoughtheprimeconsultantwillcontinuetoreporttotheCity,thedollarvalue oftheworkperformedbythefirm,anyworkperformedaftertheDBEceasestobecertified willnotcounttowardsDBEparticipationcreditorthe/źƷǤ͸ƭOverallDBEgoalfulfillment. a.ThiscontractissubjecttotherequirementsofTitle49,CodeofFederalRegulations,Part26,and Assistance ParticipationbyDisadvantagedBusinessEnterprisesinDepartmentofTransportationFinancial Programs.ThenationalgoalforparticipationofDisadvantagedBusinessEnterprises(DBE)is10%.The ƩĻĭźƦźĻƓƷ͸ƭoverallgoalforDBEparticipationislistedelsewhere.IfaseparatecontractgoalforDBE participationhasbeenestablishedforthisprocurement,itislistedelsewhere. b.Thecontractorshallnotdiscriminateonthebasisofrace,color,religion,nationaloriginorsexinthe performanceofthiscontract.Thecontractorshallcarryoutapplicablerequirementsof49CFRPart26inthe awardandadministrationofthiscontract.Failurebythecontractortocarryouttheserequirementsisa materialbreachofthiscontract,whichmayresultintheterminationofthiscontractorsuchotherremedyas themunicipalcorporationdeemsappropriate.Eachsubcontractthecontractorsignswithasubcontractor mustincludetheassuranceinthisparagraph(see49CFR26.13(b)). c.Ifaseparatecontractgoalhasbeenestablished,Bidders/offerorsarerequiredtodocumentsufficientDBE participationtomeetthesegoalsor,alternatively,documentadequategoodfaitheffortstodoso,as providedforin49CFR26.53. d.Ifnoseparatecontractgoalhasbeenestablished,thesuccessfulbidder/offerorwillberequiredtoreport itsDBEparticipationobtainedthroughraceneutralmeansthroughouttheperiodofperformance. e.Thecontractorisrequiredtopayitssubcontractorsperformingworkrelatedtothiscontractfor satisfactoryperformanceofthatworknolaterthan30daysaftertheĭƚƓƷƩğĭƷƚƩ͸ƭreceiptofpaymentforthat notholdretainagefromitssubcontractorsormust workfromtherecipient.Inaddition,thecontractormay returnanyretainagepaymentstothosesubcontractorswithin30daysafterthesubcontractor'sworkrelated tothiscontractissatisfactorilycompletedormustreturnanyretainagepaymentstothosesubcontractors within30daysafterincrementalacceptanceoftheƭǒĬĭƚƓƷƩğĭƷƚƩ͸ƭworkbytherecipientandĭƚƓƷƩğĭƷƚƩ͸ƭ receiptofthepartialretainagepaymentrelatedtotheƭǒĬĭƚƓƷƩğĭƷƚƩ͸ƭwork. f.ThecontractormustpromptlynotifytherecipientwheneveraDBEsubcontractorperformingworkrelated tothiscontractisterminatedorfailstocompleteitswork,andmustmakegoodfaitheffortstoengage toperformatleastthesameamountofwork.Thecontractormaynotterminate anotherDBEsubcontractor anyDBEsubcontractorandperformthatworkthroughitsownforcesorthoseofanaffiliatewithoutprior writtenconsentoftherecipient. 13.PromptPayment Theprimecontractoragreestopayeachsubcontractorunderthisprimecontractforsatisfactoryperformanceof itscontractnolaterthan30daysfromthereceiptofeachpaymenttheprimecontractreceivesfromthe Revised July 2016 Page 28 of 39 Recipient.Theprimecontractoragreesfurthertoreturnretainagepaymentstoeachsubcontractorwithin30days afterthesubcontractorsworkissatisfactorilycompleted.Anydelayorpostponementofpaymentfromtheabove referencedtimeframemayoccuronlyforgoodcausefollowingwrittenapprovaloftheRecipient.Thisclause appliestobothDBEandnonDBEsubcontracts. 14.DavisBaconandCopelandAntiKickbackActs (1)Minimumwages(i)Alllaborersandmechanicsemployedorworkinguponthesiteofthework(orunder theUnitedStatesHousingActof1937orundertheHousingActof1949intheconstructionordevelopment oftheproject),willbepaidunconditionallyandnotlessoftenthanonceaweek,andwithoutsubsequent deductionorrebateonanyaccount(exceptsuchpayrolldeductionsasarepermittedbyregulationsissuedby theSecretaryofLaborundertheCopelandAct(29CFRpart3)),thefullamountofwagesandbonafidefringe benefits(orcashequivalentsthereof)dueattimeofpaymentcomputedatratesnotlessthanthose containedinthewagedeterminationoftheSecretaryofLaborwhichisattachedheretoandmadeapart hereof,regardlessofanycontractualrelationshipwhichmaybeallegedtoexistbetweenthecontractorand suchlaborersandmechanics. Contributionsmadeorcostsreasonablyanticipatedforbonafidefringebenefitsundersection1(b)(2)ofthe DavisBaconActonbehalfoflaborersormechanicsareconsideredwagespaidtosuchlaborersormechanics, subjecttotheprovisionsofparagraph(1)(iv)ofthissection;also,regularcontributionsmadeorcosts incurredformorethanaweeklyperiod(butnotlessoftenthanquarterly)underplans,funds,orprograms whichcovertheparticularweeklyperiod,aredeemedtobeconstructivelymadeorincurredduringsuch weeklyperiod.Suchlaborersandmechanicsshallbepaidtheappropriatewagerateandfringebenefitson thewagedeterminationfortheclassificationofworkactuallyperformed,withoutregardtoskill,exceptas providedin29CFRPart5.5(a)(4).Laborersormechanicsperformingworkinmorethanoneclassificationmay becompensatedattheratespecifiedforeachclassificationforthetimeactuallyworkedtherein:Provided, Thattheemployer'spayrollrecordsaccuratelysetforththetimespentineachclassificationinwhichworkis performed.Thewagedetermination(includinganyadditionalclassificationsandwageratesconformedunder paragraph(1)(ii)ofthissection)andtheDavisBaconposter(WH1321)shallbepostedatalltimesbythe contractoranditssubcontractorsatthesiteoftheworkinaprominentandaccessibleplacewhereitcanbe easilyseenbytheworkers. (ii)(A)Thecontractingofficershallrequirethatanyclassoflaborersormechanics,includinghelpers,whichis notlistedinthewagedeterminationandwhichistobeemployedunderthecontractshallbeclassifiedin conformancewiththewagedetermination.Thecontractingofficershallapproveanadditionalclassification andwagerateandfringebenefitsthereforeonlywhenthefollowingcriteriahavebeenmet: 1.Exceptwithrespecttohelpersasdefinedas29CFR5.2(n)(4),theworktobeperformedbytheclassification requestedisnotperformedbyaclassificationinthewagedetermination;and utilizedintheareabytheconstructionindustry;and 2.Theclassificationis 3.Theproposedwagerate,includinganybonafidefringebenefits,bearsareasonablerelationshiptothewage ratescontainedinthewagedetermination;and 4.Withrespecttohelpersasdefinedin29CFR5.2(n)(4),suchaclassificationprevailsintheareainwhichthe workisperformed. (B)Ifthecontractorandthelaborersandmechanicstobeemployedintheclassification(ifknown),ortheir representatives,andthecontractingofficeragreeontheclassificationandwagerate(includingtheamount designatedforfringebenefitswhereappropriate),areportoftheactiontakenshallbesentbythe contractingofficertotheAdministratoroftheWageandHourDivision,EmploymentStandards Administration,U.S.DepartmentofLabor,Washington,DC20210.TheAdministrator,oranauthorized representative,willapprove,modify,ordisapproveeveryadditionalclassificationactionwithin30daysof Revised July 2016 Page 29 of 39 receiptandsoadvisethecontractingofficerorwillnotifythecontractingofficerwithinthe30dayperiodthat additionaltimeisnecessary. (C)Intheeventthecontractor,thelaborersormechanicstobeemployedintheclassificationortheir representatives,andthecontractingofficerdonotagreeontheproposedclassificationandwagerate (includingtheamountdesignatedforfringebenefits,whereappropriate),thecontractingofficershallrefer thequestions,includingtheviewsofallinterestedpartiesandtherecommendationofthecontractingofficer, totheAdministratorfordetermination.TheAdministrator,oranauthorizedrepresentative,willissuea determinationwithin30daysofreceiptandsoadvisethecontractingofficerorwillnotifythecontracting officerwithinthe30dayperiodthatadditionaltimeisnecessary. (D)Thewagerate(includingfringebenefitswhereappropriate)determinedpursuanttoparagraphs(a)(1)(ii) (B)or(C)ofthissection,shallbepaidtoallworkersperformingworkintheclassificationunderthiscontract fromthefirstdayonwhichworkisperformedintheclassification. (iii)Whenevertheminimumwagerateprescribedinthecontractforaclassoflaborersormechanicsincludes afringebenefitwhichisnotexpressedasanhourlyrate,thecontractorshalleitherpaythebenefitasstated inthewagedeterminationorshallpayanotherbonafidefringebenefitoranhourlycashequivalentthereof. (iv)Ifthecontractordoesnotmakepaymentstoatrusteeorotherthirdperson,thecontractormayconsider aspartofthewagesofanylaborerormechanictheamountofanycostsreasonablyanticipatedinproviding bonafidefringebenefitsunderaplanorprogram,Provided,ThattheSecretaryofLaborhasfound,uponthe writtenrequestofthecontractor,thattheapplicablestandardsoftheDavisBaconActhavebeenmet.The SecretaryofLabormayrequirethecontractortosetasideinaseparateaccountassetsforthemeetingof obligationsundertheplanorprogram. (v)(A)Thecontractingofficershallrequirethatanyclassoflaborersormechanicswhichisnotlistedinthe wagedeterminationandwhichistobeemployedunderthecontractshallbeclassifiedinconformancewith thewagedetermination.Thecontractingofficershallapproveanadditionalclassificationandwagerateand fringebenefitsthereforonlywhenthefollowingcriteriahavebeenmet: 1.Theworktobeperformedbytheclassificationrequestedisnotperformedbyaclassificationinthewage determination;and 2.Theclassificationisutilizedintheareabytheconstructionindustry;and anybonafidefringebenefits,bearsareasonablerelationshiptothewage 3.Theproposedwagerate,including ratescontainedinthewagedetermination. (B)Ifthecontractorandthelaborersandmechanicstobeemployedintheclassification(ifknown),ortheir representatives,andthecontractingofficeragreeontheclassificationandwagerate(includingtheamount designatedforfringebenefitswhereappropriate),areportoftheactiontakenshallbesentbythe contractingofficertotheAdministratoroftheWageandHourDivision,EmploymentStandards Administration,Washington,DC20210.TheAdministrator,oranauthorizedrepresentative,willapprove, modify,ordisapproveeveryadditionalclassificationactionwithin30daysofreceiptandsoadvisethe contractingofficerorwillnotifythecontractingofficerwithinthe30dayperiodthatadditionaltimeis necessary. (C)Intheeventthecontractor,thelaborersormechanicstobeemployedintheclassificationortheir representatives,andthecontractingofficerdonotagreeontheproposedclassificationandwagerate (includingtheamountdesignatedforfringebenefits,whereappropriate),thecontractingofficershallrefer thequestions,includingtheviewsofallinterestedpartiesandtherecommendationofthecontractingofficer, totheAdministratorfordetermination.TheAdministrator,oranauthorizedrepresentative,willissuea determinationwith30daysofreceiptandsoadvisethecontractingofficerorwillnotifythecontracting officerwithinthe30dayperiodthatadditionaltimeisnecessary. Revised July 2016 Page 30 of 39 (D)Thewagerate(includingfringebenefitswhereappropriate)determinedpursuanttoparagraphs(a)(1)(v) (B)or(C)ofthissection,shallbepaidtoallworkersperformingworkintheclassificationunderthiscontract fromthefirstdayonwhichworkisperformedintheclassification. (2)Withholding TheCityofSantaClaritashalluponitsownactionoruponwrittenrequestofanauthorized representativeoftheDepartmentofLaborwithholdorcausetobewithheldfromthecontractorunderthis contractoranyotherFederalcontractwiththesameprimecontractor,oranyotherfederallyassisted contractsubjecttoDavisBaconprevailingwagerequirements,whichisheldbythesameprimecontractor,so muchoftheaccruedpaymentsoradvancesasmaybeconsiderednecessarytopaylaborersandmechanics, includingapprentices,trainees,andhelpers,employedbythecontractororanysubcontractorthefull amountofwagesrequiredbythecontract.Intheeventoffailuretopayanylaborerormechanic,including anyapprentice,trainee,orhelper,employedorworkingonthesiteofthework(orundertheUnitedStates HousingActof1937orundertheHousingActof1949intheconstructionordevelopmentoftheproject),all orpartofthewagesrequiredbythecontract,theCityofSantaClaritamay,afterwrittennoticetothe contractor,sponsor,applicant,orowner,takesuchactionasmaybenecessarytocausethesuspensionof anyfurtherpayment,advance,orguaranteeoffundsuntilsuchviolationshaveceased. (3)Payrollsandbasicrecords(i)Payrollsandbasicrecordsrelatingtheretoshallbemaintainedbythe contractorduringthecourseoftheworkandpreservedforaperiodofthreeyearsthereafterforalllaborers andmechanicsworkingatthesiteofthework(orundertheUnitedStatesHousingActof1937,orunderthe HousingActof1949,intheconstructionordevelopmentoftheproject).Suchrecordsshallcontainthename, address,andsocialsecuritynumberofeachsuchworker,hisorhercorrectclassification,hourlyratesof wagespaid(includingratesofcontributionsorcostsanticipatedforbonafidefringebenefitsorcash equivalentsthereofofthetypesdescribedinsection1(b)(2)(B)oftheDavisBaconAct),dailyandweekly numberofhoursworked,deductionsmadeandactualwagespaid.WhenevertheSecretaryofLaborhas foundunder29CFR5.5(a)(1)(iv)thatthewagesofanylaborerormechanicincludetheamountofanycosts reasonablyanticipatedinprovidingbenefitsunderaplanorprogramdescribedinsection1(b)(2)(B)ofthe DavisBaconAct,thecontractorshallmaintainrecordswhichshowthatthecommitmenttoprovidesuch benefitsisenforceable,thattheplanorprogramisfinanciallyresponsible,andthattheplanorprogramhas beencommunicatedinwritingtothelaborersormechanicsaffected,andrecordswhichshowthecosts anticipatedortheactualcostincurredinprovidingsuchbenefits.Contractorsemployingapprenticesor traineesunderapprovedprogramsshallmaintainwrittenevidenceoftheregistrationofapprenticeship programsandcertificationoftraineeprograms,theregistrationoftheapprenticesandtrainees,andthe ratiosandwageratesprescribedintheapplicableprograms. (ii)(A)Thecontractorshallsubmitweeklyforeachweekinwhichanycontractworkisperformedacopyofall payrollstotheCityofSantaClarita\]fortransmissiontotheFederalTransitAdministration.Thepayrolls submittedshallsetoutaccuratelyandcompletelyalloftheinformationrequiredtobemaintainedunder section5.5(a)(3)(i)ofRegulations,29CFRpart5.Thisinformationmaybesubmittedinanyformdesired. OptionalFormWH347isavailableforthispurposeandmaybepurchasedfromtheSuperintendentof Documents(FederalStockNumber029005000141),U.S.GovernmentPrintingOffice,Washington,DC 20402.Theprimecontractorisresponsibleforthesubmissionofcopiesofpayrollsbyallsubcontractors. (B)Eachpayrollsubmittedshallbeaccompaniedbya"StatementofCompliance,"signedbythecontractoror subcontractororhisorheragentwhopaysorsupervisesthepaymentofthepersonsemployedunderthe contractandshallcertifythefollowing: 1.(1)Thatthepayrollforthepayrollperiodcontainstheinformationrequiredtobemaintainedundersection 5.5(a)(3)(i)ofRegulations,29CFRpart5andthatsuchinformationiscorrectandcomplete; 2.(2)Thateachlaborerormechanic(includingeachhelper,apprentice,andtrainee)employedonthecontract duringthepayrollperiodhasbeenpaidthefullweeklywagesearned,withoutrebate,eitherdirectlyor indirectly,andthatnodeductionshavebeenmadeeitherdirectlyorindirectlyfromthefullwagesearned, otherthanpermissibledeductionsassetforthinRegulations,29CFRpart3; Revised July 2016 Page 31 of 39 3.(3)Thateachlaborerormechanichasbeenpaidnotlessthantheapplicablewageratesandfringebenefitsor cashequivalentsfortheclassificationofworkperformed,asspecifiedintheapplicablewagedetermination incorporatedintothecontract. (C)TheweeklysubmissionofaproperlyexecutedcertificationsetforthonthereversesideofOptionalForm WH347shallsatisfytherequirementforsubmissionofthe"StatementofCompliance"requiredbyparagraph (a)(3)(ii)(B)ofthissection. (D)Thefalsificationofanyoftheabovecertificationsmaysubjectthecontractororsubcontractortocivilor criminalprosecutionundersection1001oftitle18andsection231oftitle31oftheUnitedStatesCode. (iii)Thecontractororsubcontractorshallmaketherecordsrequiredunderparagraph(a)(3)(i)ofthissection availableforinspection,copying,ortranscriptionbyauthorizedrepresentativesoftheFederalTransit AdministrationortheDepartmentofLabor,andshallpermitsuchrepresentativestointerviewemployees duringworkinghoursonthejob.Ifthecontractororsubcontractorfailstosubmittherequiredrecordsorto makethemavailable,theFederalagencymay,afterwrittennoticetothecontractor,sponsor,applicant,or owner,takesuchactionasmaybenecessarytocausethesuspensionofanyfurtherpayment,advance,or guaranteeoffunds.Furthermore,failuretosubmittherequiredrecordsuponrequestortomakesuch recordsavailablemaybegroundsfordebarmentactionpursuantto29CFR5.12. (4)Apprenticesandtrainees(i)Apprentices Apprenticeswillbepermittedtoworkatlessthanthe predeterminedratefortheworktheyperformedwhentheyareemployedpursuanttoandindividually registeredinabonafideapprenticeshipprogramregisteredwiththeU.S.DepartmentofLabor,Employment andTrainingAdministration,BureauofApprenticeshipandTraining,orwithaStateApprenticeshipAgency recognizedbytheBureau,orifapersonisemployedinhisorherfirst90daysofprobationaryemploymentas anapprenticeinsuchanapprenticeshipprogram,whoisnotindividuallyregisteredintheprogram,butwho hasbeencertifiedbytheBureauofApprenticeshipandTrainingoraStateApprenticeshipAgency(where appropriate)tobeeligibleforprobationaryemploymentasanapprentice.Theallowableratioofapprentices tojourneymenonthejobsiteinanycraftclassificationshallnotbegreaterthantheratiopermittedtothe contractorastotheentireworkforceundertheregisteredprogram.Anyworkerlistedonapayrollatan apprenticewagerate,whoisnotregisteredorotherwiseemployedasstatedabove,shallbepaidnotless thantheapplicablewagerateonthewagedeterminationfortheclassificationofworkactuallyperformed.In addition,anyapprenticeperformingworkonthejobsiteinexcessoftheratiopermittedundertheregistered programshallbepaidnotlessthantheapplicablewagerateonthewagedeterminationfortheworkactually performed.Whereacontractorisperformingconstructiononaprojectinalocalityotherthanthatinwhich itsprogramisregistered,theratiosandwagerates(expressedinpercentagesofthejourneyman'shourly rate)specifiedinthecontractor'sorsubcontractor'sregisteredprogramshallbeobserved.Everyapprentice mustbepaidatnotlessthantheratespecifiedintheregisteredprogramfortheapprentice'slevelof progress,expressedasapercentageofthejourneymenhourlyratespecifiedintheapplicablewage determination.Apprenticesshallbepaidfringebenefitsinaccordancewiththeprovisionsofthe apprenticeshipprogram.Iftheapprenticeshipprogramdoesnotspecifyfringebenefits,apprenticesmustbe paidthefullamountoffringebenefitslistedonthewagedeterminationfortheapplicableclassification.Ifthe AdministratoroftheWageandHourDivisionoftheU.S.DepartmentofLabordeterminesthatadifferent practiceprevailsfortheapplicableapprenticeclassification,fringesshallbepaidinaccordancewiththat determination.IntheeventtheBureauofApprenticeshipandTraining,oraStateApprenticeshipAgency recognizedbytheBureau,withdrawsapprovalofanapprenticeshipprogram,thecontractorwillnolongerbe permittedtoutilizeapprenticesatlessthantheapplicablepredeterminedratefortheworkperformeduntil anacceptableprogramisapproved. (ii)Trainees Exceptasprovidedin29CFR5.16,traineeswillnotbepermittedtoworkatlessthanthe predeterminedratefortheworkperformedunlesstheyareemployedpursuanttoandindividuallyregistered inaprogramwhichhasreceivedpriorapproval,evidencedbyformalcertificationbytheU.S.Departmentof Labor,EmploymentandTrainingAdministration.Theratiooftraineestojourneymenonthejobsiteshallnot begreaterthanpermittedundertheplanapprovedbytheEmploymentandTrainingAdministration.Every traineemustbepaidatnotlessthantheratespecifiedintheapprovedprogramforthetrainee'slevelof Revised July 2016 Page 32 of 39 progress,expressedasapercentageofthejourneymanhourlyratespecifiedintheapplicablewage determination.Traineesshallbepaidfringebenefitsinaccordancewiththeprovisionsofthetrainee program.Ifthetraineeprogramdoesnotmentionfringebenefits,traineesshallbepaidthefullamountof fringebenefitslistedonthewagedeterminationunlesstheAdministratoroftheWageandHourDivision determinesthatthereisanapprenticeshipprogramassociatedwiththecorrespondingjourneymanwagerate onthewagedeterminationwhichprovidesforlessthanfullfringebenefitsforapprentices.Anyemployee listedonthepayrollatatraineeratewhoisnotregisteredandparticipatinginatrainingplanapprovedby theEmploymentandTrainingAdministrationshallbepaidnotlessthantheapplicablewagerateonthewage determinationfortheclassificationofworkactuallyperformed.Inaddition,anytraineeperformingworkon thejobsiteinexcessoftheratiopermittedundertheregisteredprogramshallbepaidnotlessthanthe applicablewagerateonthewagedeterminationfortheworkactuallyperformed.Intheeventthe EmploymentandTrainingAdministrationwithdrawsapprovalofatrainingprogram,thecontractorwillno longerbepermittedtoutilizetraineesatlessthantheapplicablepredeterminedratefortheworkperformed untilanacceptableprogramisapproved. (iii)Equalemploymentopportunity Theutilizationofapprentices,traineesandjourneymenunderthispart shallbeinconformitywiththeequalemploymentopportunityrequirementsofExecutiveOrder11246,as amended,and29CFRpart30. (5)CompliancewithCopelandActrequirements Thecontractorshallcomplywiththerequirementsof29 CFRpart3,whichareincorporatedbyreferenceinthiscontract. (6)Subcontracts Thecontractororsubcontractorshallinsertinanysubcontractstheclausescontainedin29 CFR5.5(a)(1)through(10)andsuchotherclausesastheFederalTransitAdministrationmaybyappropriate instructionsrequire,andalsoaclauserequiringthesubcontractorstoincludetheseclausesinanylowertier subcontracts.Theprimecontractorshallberesponsibleforthecompliancebyanysubcontractororlowertier subcontractorwithallthecontractclausesin29CFR5.5. (7)Contracttermination:debarment Abreachofthecontractclausesin29CFR5.5maybegroundsfor terminationofthecontract,andfordebarmentasacontractorandasubcontractorasprovidedin29CFR 5.12. (8)CompliancewithDavisBaconandRelatedActrequirements AllrulingsandinterpretationsoftheDavis BaconandRelatedActscontainedin29CFRparts1,3,and5arehereinincorporatedbyreferenceinthis contract. (9)Disputesconcerninglaborstandards Disputesarisingoutofthelaborstandardsprovisionsofthis contractshallnotbesubjecttothegeneraldisputesclauseofthiscontract.Suchdisputesshallberesolvedin accordancewiththeproceduresoftheDepartmentofLaborsetforthin29CFRparts5,6,and7.Disputes withinthemeaningofthisclauseincludedisputesbetweenthecontractor(oranyofitssubcontractors)and thecontractingagency,theU.S.DepartmentofLabor,ortheemployeesortheirrepresentatives. (10)Certificationofeligibility(i)Byenteringintothiscontract,thecontractorcertifiesthatneitherit(norhe orshe)noranypersonorfirmwhohasaninterestinthecontractor'sfirmisapersonorfirmineligibletobe awardedGovernmentcontractsbyvirtueofsection3(a)oftheDavisBaconActor29CFR5.12(a)(1). (ii)NopartofthiscontractshallbesubcontractedtoanypersonorfirmineligibleforawardofaGovernment contractbyvirtueofsection3(a)oftheDavisBaconActor29CFR5.12(a)(1). (iii)ThepenaltyformakingfalsestatementsisprescribedintheU.S.CriminalCode,18U.S.C.1001. §604.3Equalopportunityclauses. (a)Theequalopportunityclausepublishedat41CFR601.4(a)ofthischapterisrequiredtobeincludedin, andispartof,allnonexemptFederalcontractsandsubcontracts,includingconstructioncontractsandsubcontracts. Theequalopportunityclausepublishedat41CFR601.4(b)isrequiredtobeincludedin,andisapartof,all nonexemptfederallyassistedconstructioncontractsandsubcontracts.Inadditiontotheclausesdescribedabove, allFederalcontractingofficers,allapplicantsandallnonconstructioncontractors,asapplicable,shallincludethe specificationssetforthinthissectioninallFederalandfederallyassistedconstructioncontractsinexcessof $10,000tobeperformedingeographicalareasdesignatedbytheDirectorpursuantto§604.6ofthispartandin Revised July 2016 Page 33 of 39 constructionsubcontractsinexcessof$10,000necessaryinwholeorinparttotheperformanceofnon constructionFederalcontractsandsubcontractscoveredundertheExecutiveorder. S TANDARD F EDERAL E QUAL E MPLOYMENT O PPORTUNITY C ONSTRUCTION C ONTRACT S PECIFICATIONS(E XECUTIVE O RDER 11246) 1.Asusedinthesespecifications: a.ͻ/ƚǝĻƩĻķğƩĻğͼmeansthegeographicalareadescribedinthesolicitationfromwhichthiscontractresulted; b.ͻ5źƩĻĭƷƚƩͼmeansDirector,OfficeofFederalContractCompliancePrograms,UnitedStatesDepartmentof Labor,oranypersontowhomtheDirectordelegatesauthority; c.ͻ9ƒƦƌƚǤĻƩidentificationƓǒƒĬĻƩͼmeanstheFederalSocialSecuritynumberusedontheEmployer's QuarterlyFederalTaxReturn,U.S.TreasuryDepartmentForm941. d.ͻaźƓƚƩźƷǤͼincludes: (i)Black(allpersonshavingoriginsinanyoftheBlackAfricanracialgroupsnotofHispanicorigin); (ii)Hispanic(allpersonsofMexican,PuertoRican,Cuban,CentralorSouthAmericanorotherSpanishCulture ororigin,regardlessofrace); (iii)AsianandPacificIslander(allpersonshavingoriginsinanyoftheoriginalpeoplesoftheFarEast, SoutheastAsia,theIndianSubcontinent,orthePacificIslands);and (iv)AmericanIndianorAlaskanNative(allpersonshavingoriginsinanyoftheoriginalpeoplesofNorth Americaandmaintainingidentifiabletribalaffiliationsthroughmembershipandparticipationorcommunity identification). 2.WhenevertheContractor,oranySubcontractoratanytier,subcontractsaportionoftheworkinvolving anyconstructiontrade,itshallphysicallyincludeineachsubcontractinexcessof$10,000theprovisionsofthese specificationsandtheNoticewhichcontainstheapplicablegoalsforminorityandfemaleparticipationandwhichis setforthinthesolicitationsfromwhichthiscontractresulted. 3.IftheContractorisparticipating(pursuantto41CFR604.5)inaHometownPlanapprovedbytheU.S. DepartmentofLaborinthecoveredareaeitherindividuallyorthroughanassociation,itsaffirmativeaction obligationsonallworkinthePlanarea(includinggoalsandtimetables)shallbeinaccordancewiththatPlanfor thosetradeswhichhaveunionsparticipatinginthePlan.Contractorsmustbeabletodemonstratetheir participationinandcompliancewiththeprovisionsofanysuchHometownPlan.EachContractororSubcontractor participatinginanapprovedPlanisindividuallyrequiredtocomplywithitsobligationsundertheEEOclause,andto makeagoodfaithefforttoachieveeachgoalunderthePlanineachtradeinwhichithasemployees.Theoverall goodfaithperformancebyotherContractorsorSubcontractorstowardagoalinanapprovedPlandoesnotexcuse anycoveredContractor'sorSubcontractor'sfailuretotakegoodfaitheffortstoachievethePlangoalsand timetables. 4.TheContractorshallimplementthespecificaffirmativeactionstandardsprovidedinparagraphs7a throughpofthesespecifications.Thegoalssetforthinthesolicitationfromwhichthiscontractresultedare expressedaspercentagesofthetotalhoursofemploymentandtrainingofminorityandfemaleutilizationthe Contractorshouldreasonablybeabletoachieveineachconstructiontradeinwhichithasemployeesinthe coveredarea.CoveredConstructioncontractorsperformingconstructionworkingeographicalareaswheretheydo nothaveaFederalorfederallyassistedconstructioncontractshallapplytheminorityandfemalegoalsestablished Revised July 2016 Page 34 of 39 forthegeographicalareawheretheworkisbeingperformed.GoalsarepublishedperiodicallyintheF EDERAL R EGISTER innoticeform,andsuchnoticesmaybeobtainedfromanyOfficeofFederalContractCompliancePrograms officeorfromFederalprocurementcontractingofficers.TheContractorisexpectedtomakesubstantiallyuniform progressinmeetingitsgoalsineachcraftduringtheperiodspecified. 5.Neithertheprovisionsofanycollectivebargainingagreement,northefailurebyaunionwithwhomthe Contractorhasacollectivebargainingagreement,torefereitherminoritiesorwomenshallexcusetheContractor's obligationsunderthesespecifications,ExecutiveOrder11246,ortheregulationspromulgatedpursuantthereto. 6.Inorderforthenonworkingtraininghoursofapprenticesandtraineestobecountedinmeetingthegoals, suchapprenticesandtraineesmustbeemployedbytheContractorduringthetrainingperiod,andtheContractor musthavemadeacommitmenttoemploytheapprenticesandtraineesatthecompletionoftheirtraining,subject totheavailabilityofemploymentopportunities.Traineesmustbetrainedpursuanttotrainingprogramsapproved bytheU.S.DepartmentofLabor. 7.TheContractorshalltakespecificaffirmativeactionstoensureequalemploymentopportunity.The evaluationoftheContractor'scompliancewiththesespecificationsshallbebaseduponitsefforttoachieve maximumresultsfromitsactions.TheContractorshalldocumenttheseeffortsfully,andshallimplement affirmativeactionstepsatleastasextensiveasthefollowing: a.Ensureandmaintainaworkingenvironmentfreeofharassment,intimidation,andcoercionatallsites,and inallfacilitiesatwhichtheContractor'semployeesareassignedtowork.TheContractor,wherepossible,willassign twoormorewomentoeachconstructionproject.TheContractorshallspecificallyensurethatallforemen, superintendents,andotheronsitesupervisorypersonnelareawareofandcarryouttheContractor'sobligationto maintainsuchaworkingenvironment,withspecificattentiontominorityorfemaleindividualsworkingatsuchsites orinsuchfacilities. b.Establishandmaintainacurrentlistofminorityandfemalerecruitmentsources,providewritten notificationtominorityandfemalerecruitmentsourcesandtocommunityorganizationswhentheContractororits unionshaveemploymentopportunitiesavailable,andmaintainarecordoftheorganizations'responses. c.Maintainacurrentfileofthenames,addressesandtelephonenumbersofeachminorityandfemaleoff thestreetapplicantandminorityorfemalereferralfromaunion,arecruitmentsourceorcommunityorganization andofwhatactionwastakenwithrespecttoeachsuchindividual.Ifsuchindividualwassenttotheunionhiring hallforreferralandwasnotreferredbacktotheContractorbytheunionor,ifreferred,notemployedbythe Contractor,thisshallbedocumentedinthefilewiththereasontherefor,alongwithwhateveradditionalactionsthe Contractormayhavetaken. d.ProvideimmediatewrittennotificationtotheDirectorwhentheunionorunionswithwhichtheContractor hasacollectivebargainingagreementhasnotreferredtotheContractoraminoritypersonorwomansentbythe Contractor,orwhentheContractorhasotherinformationthattheunionreferralprocesshasimpededthe Contractor'seffortstomeetitsobligations. e.Developonthejobtrainingopportunitiesand/orparticipateintrainingprogramsfortheareawhich expresslyincludeminoritiesandwomen,includingupgradingprogramsandapprenticeshipandtraineeprograms relevanttotheContractor'semploymentneeds,especiallythoseprogramsfundedorapprovedbytheDepartment ofLabor.TheContractorshallprovidenoticeoftheseprogramstothesourcescompiledunder7babove. f.DisseminatetheContractor'sEEOpolicybyprovidingnoticeofthepolicytounionsandtrainingprograms andrequestingtheircooperationinassistingtheContractorinmeetingitsEEOobligations;byincludingitinany policymanualandcollectivebargainingagreement;bypublicizingitinthecompanynewspaper,annualreport,etc.; Revised July 2016 Page 35 of 39 byspecificreviewofthepolicywithallmanagementpersonnelandwithallminorityandfemaleemployeesatleast onceayear;andbypostingthecompanyEEOpolicyonbulletinboardsaccessibletoallemployeesateachlocation whereconstructionworkisperformed. g.Review,atleastannually,thecompany'sEEOpolicyandaffirmativeactionobligationsunderthese specificationswithallemployeeshavinganyresponsibilityforhiring,assignment,layoff,terminationorother employmentdecisionsincludingspecificreviewoftheseitemswithonsitesupervisorypersonnelsuchas Superintendents,GeneralForemen,etc.,priortotheinitiationofconstructionworkatanyjobsite.Awrittenrecord shallbemadeandmaintainedidentifyingthetimeandplaceofthesemeetings,personsattending,subjectmatter discussed,anddispositionofthesubjectmatter. h.DisseminatetheContractor'sEEOpolicyexternallybyincludingitinanyadvertisinginthenewsmedia, specificallyincludingminorityandfemalenewsmedia,andprovidingwrittennotificationtoanddiscussingthe Contractor'sEEOpolicywithotherContractorsandSubcontractorswithwhomtheContractordoesoranticipates doingbusiness. i.Directitsrecruitmentefforts,bothoralandwritten,tominority,femaleandcommunityorganizations,to schoolswithminorityandfemalestudentsandtominorityandfemalerecruitmentandtrainingorganizations servingtheContractor'srecruitmentareaandemploymentneeds.Notlaterthanonemonthpriortothedatefor theacceptanceofapplicationsforapprenticeshiporothertrainingbyanyrecruitmentsource,theContractorshall sendwrittennotificationtoorganizationssuchastheabove,describingtheopenings,screeningprocedures,and teststobeusedintheselectionprocess. j.Encouragepresentminorityandfemaleemployeestorecruitotherminoritypersonsandwomenand, wherereasonable,provideafterschool,summerandvacationemploymenttominorityandfemaleyouthbothon thesiteandinotherareasofaContractor'sworkforce. k.Validatealltestsandotherselectionrequirementswherethereisanobligationtodosounder41CFRpart 603. l.Conduct,atleastannually,aninventoryandevaluationatleastofallminorityandfemalepersonnelfor promotionalopportunitiesandencouragetheseemployeestoseekortopreparefor,throughappropriatetraining, etc.,suchopportunities. m.Ensurethatsenioritypractices,jobclassifications,workassignmentsandotherpersonnelpractices,donot haveadiscriminatoryeffectbycontinuallymonitoringallpersonnelandemploymentrelatedactivitiestoensure thattheEEOpolicyandtheContractor'sobligationsunderthesespecificationsarebeingcarriedout. n.Ensurethatallfacilitiesandcompanyactivitiesarenonsegregatedexceptthatseparateorsingleuser toiletandnecessarychangingfacilitiesshallbeprovidedtoassureprivacybetweenthesexes. o.Documentandmaintainarecordofallsolicitationsofoffersforsubcontractsfromminorityandfemale constructioncontractorsandsuppliers,includingcirculationofsolicitationstominorityandfemalecontractor associationsandotherbusinessassociations. p.Conductareview,atleastannually,ofallsupervisors'adherencetoandperformanceunderthe Contractor'sEEOpoliciesandaffirmativeactionobligations. 8.Contractorsareencouragedtoparticipateinvoluntaryassociationswhichassistinfulfillingoneormoreof theiraffirmativeactionobligations(7athroughp).Theeffortsofacontractorassociation,jointcontractorunion, contractorcommunity,orothersimilargroupofwhichthecontractorisamemberandparticipant,maybeasserted Revised July 2016 Page 36 of 39 asfulfillinganyoneormoreofitsobligationsunder7athroughpoftheseSpecificationsprovidedthatthe contractoractivelyparticipatesinthegroup,makeseveryefforttoassurethatthegrouphasapositiveimpacton theemploymentofminoritiesandwomenintheindustry,ensuresthattheconcretebenefitsoftheprogramare reflectedintheContractor'sminorityandfemaleworkforceparticipation,makesagoodfaithefforttomeetits individualgoalsandtimetables,andcanprovideaccesstodocumentationwhichdemonstratestheeffectivenessof actionstakenonbehalfoftheContractor.Theobligationtocomply,however,istheContractor'sandfailureofsuch agrouptofulfillanobligationshallnotbeadefensefortheContractor'snoncompliance. 9.Asinglegoalforminoritiesandaseparatesinglegoalforwomenhavebeenestablished.TheContractor, however,isrequiredtoprovideequalemploymentopportunityandtotakeaffirmativeactionforallminority groups,bothmaleandfemale,andallwomen,bothminorityandnonminority.Consequently,theContractormay beinviolationoftheExecutiveOrderifaparticulargroupisemployedinasubstantiallydisparatemanner(for example,eventhoughtheContractorhasachieveditsgoalsforwomengenerally,theContractormaybein violationoftheExecutiveOrderifaspecificminoritygroupofwomenisunderutilized). 10.TheContractorshallnotusethegoalsandtimetablesoraffirmativeactionstandardstodiscriminate againstanypersonbecauseofrace,color,religion,sex,sexualorientation,genderidentity,ornationalorigin. 11.TheContractorshallnotenterintoanySubcontractwithanypersonorfirmdebarredfromGovernment contractspursuanttoExecutiveOrder11246. 12.TheContractorshallcarryoutsuchsanctionsandpenaltiesforviolationofthesespecificationsandofthe EqualOpportunityClause,includingsuspension,terminationandcancellationofexistingsubcontractsasmaybe imposedororderedpursuanttoExecutiveOrder11246,asamended,anditsimplementingregulations,bythe OfficeofFederalContractCompliancePrograms.AnyContractorwhofailstocarryoutsuchsanctionsandpenalties shallbeinviolationofthesespecificationsandExecutiveOrder11246,asamended. 13.TheContractor,infulfillingitsobligationsunderthesespecifications,shallimplementspecificaffirmative actionsteps,atleastasextensiveasthosestandardsprescribedinparagraph7ofthesespecifications,soasto achievemaximumresultsfromitseffortstoensureequalemploymentopportunity.IftheContractorfailstocomply withtherequirementsoftheExecutiveOrder,theimplementingregulations,orthesespecifications,theDirector shallproceedinaccordancewith41CFR604.8. 14.TheContractorshalldesignatearesponsibleofficialtomonitorallemploymentrelatedactivitytoensure thatthecompanyEEOpolicyisbeingcarriedout,tosubmitreportsrelatingtotheprovisionshereofasmaybe requiredbytheGovernmentandtokeeprecords.Recordsshallatleastincludeforeachemployeethename, address,telephonenumbers,constructiontrade,unionaffiliationifany,employeeidentificationnumberwhen assigned,socialsecuritynumber,race,sex,status(e.g.,mechanic,apprenticetrainee,helper,orlaborer),datesof changesinstatus,hoursworkedperweekintheindicatedtrade,rateofpay,andlocationsatwhichtheworkwas performed.Recordsshallbemaintainedinaneasilyunderstandableandretrievableform;however,tothedegree thatexistingrecordssatisfythisrequirement,contractorsshallnotberequiredtomaintainseparaterecords. 15.Nothinghereinprovidedshallbeconstruedasalimitationupontheapplicationofotherlawswhich establishdifferentstandardsofcomplianceorupontheapplicationofrequirementsforthehiringoflocalorother arearesidents(e.g.,thoseunderthePublicWorksEmploymentActof1977andtheCommunityDevelopmentBlock GrantProgram). (b)Thenoticesetforthin41CFR604.2andthespecificationssetforthin41CFR604.3replacetheNew FormforFederalEqualEmploymentOpportunityBidConditionsforFederalandFederallyAssistedConstruction publishedat41FR32482andcommonlyknownastheModelFederalEEOBidConditions,andtheNewFormshall notbeusedaftertheregulationsin41CFRpart604becomeeffective. Revised July 2016 Page 37 of 39 \[43FR49254,Oct.20,1978;43FR51401,Nov.3,1978,asamendedat45FR65978,Oct.3,1980;79FR72995,Dec. 9,2014\] 15.IncorporationofFederalTransitAdministration(FTA)Terms Theprecedingprovisionsinclude,inpart,certainStandardTerms&ConditionsrequiredbyUSDOT,whetheror notexpresslystatedintheprecedingcontractprovisions.AllUSDOTrequiredcontractualprovisions,asstatedin FTACircular4220.1F,areherebyincorporatedbyreference.Anythingtothecontraryhereinnotwithstanding,all FTAmandatedtermsshallbedeemedtocontrolintheeventofaconflictwithotherprovisionscontainedinthis Agreement.Thecontractorshallnotperformanyact,failtoperformanyact,orrefusetocomplywithanyrequest thatwouldcausetherecipienttobeinviolationofFTAtermsandconditions. 16.AccessRequirementsforPersonswithDisabilities Contractorshallcomplywith49USC5301(d),statingFederalpolicythattheelderlyandpersonswithdisabilities havethesamerightsasotherpersonstousemasstransportationservicesandfacilitiesandthatspecialefforts shallbemadeinplanninganddesigningthoseservicesandfacilitiestoimplementthatpolicy.Contractorshallalso complywithallapplicablerequirementsofSec.504oftheRehabilitationAct(1973),asamended,29USC794, whichprohibitsdiscriminationonthebasisofhandicaps,andtheAmericanswithDisabilitiesActof1990(ADA),as amended,42USC12101etseq.,whichrequiresthataccessiblefacilitiesandservicesbemadeavailabletopersons withdisabilities,includinganysubsequentamendmentsthereto. 17.SeismicSafety Thecontractoragreesthatanynewbuildingoradditiontoanexistingbuildingwillbedesignedandconstructed inaccordancewiththestandardsforSeismicSafetyrequiredinDepartmentofTransportation(DOT)Seismic The SafetyRegulations49C.F.R.part41andwillcertifytocompliancetotheextentrequiredbytheregulation. contractoralsoagreestoensurethatallworkperformedunderthiscontract,includingworkperformedbya subcontractor,isincompliancewiththestandardsrequiredbytheSeismicSafetyregulationsandthe certificationofcomplianceissuedontheproject. 18.VeteransPreference Asprovidedby49U.S.C.§5325(k),totheextentpracticable,theRecipientagreesandassuresthateachofitsSub recipients: (1)Willgiveahiringpreferencetoveterans,asdefinedin5U.S.C.§2108,whohavetheskillsandabilities requiredtoperformconstructionworkrequiredunderathirdpartycontractinconnectionwithaCapital Projectsupportedwithfederalassistanceappropriatedormadeavailablefor49U.S.C.chapter53,and (2)Willnotrequireanemployertogiveapreferencetoanyveteranoveranyequallyqualifiedapplicantwho isamemberofanyracialorethnicminority,female,anindividualwithadisability,oraformeremployee. Revised July 2016 Page 38 of 39 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 Print Name & Title: _________________________________________ CONTRACTOR’s License No. ________________________________ Class _____________________________________________________ CITY: _____________________________________________ Date: _______ Mayor/City Manager of the City of Santa Clarita Approved as to Form: _____________________________________________ Date: _______ City Attorney of the City of Santa Clarita Revised July 2016 Page 39 of 39 FAITHFUL PERFORMANCE BOND SANTA CLARITA METROLINK STATION REPAIRS AND IMPROVEMENTS City Bid TMF-18-18-51 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 _______________________ day of ____________________,20__. NOTARY PUBLIC _______________________________________________________ * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Revised July 2016 Page 40 of 39 LABOR AND MATERIAL BOND SANTA CLARITA METROLINK STATION REPAIRS AND IMPROVEMENTS City Bid TMF-17-18-51 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 _______________________ day of ____________________,20__. NOTARY PUBLIC _______________________________________________________ * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Revised July 2016 Page 41 of 39 SECTION – E GENERAL SPECIFICATIONS SECTION E - GENERAL SPECIFICATIONS Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 Scope of Work This is a federally funded project and must meet Federal Transit Authority (FTA) contract requirements The general provisions for this contract shall be in conformance with Part 1, “General Provisions,” of the Standard Specifications for Public Works Construction, 2015 Edition, (SSPWC or Greenbook 2015) accept as amended and or superseded by the following: The City of Santa Clarita is proposing to make several repairs and improvements to the Santa Clarita Metrolink Station, 22122 Soledad Road Santa Clarita, CA 91350. These projects will repair worn and/or damaged existing infrastructure and install additional items to enhance the overall appearance of the station. All labor at Prevailing Wage This is a federally funded project and must meet FTA contract requirements (See Attached) Contractor to provide all labor, material and equipment required to complete work unless noted. Contractor to properly dispose of all trash and debris. It is the City’s discretion to do all, partial or none of the work requested. Contractor work hours shall only be between 8:00AM – 4:00PM to lessen interference with rush hour commuters. The Metrolink station shall remain fully operational during this time. The following is a list and description of the proposed tasks: Task #1. METAL FENCING Installation of metal rail fencing on south side of the handicap ramp. This fencing will bridge a gap in the center of the existing fencing. Will also deter people from cutting thru the landscape. The new fencing will be styled and painted to match the current fencing. Install approximately 29’ of metal rail fencing on south side of handicap ramp. See Exhibit “E” & Exhibit “G” New fencing will match current fencing in size, spacing and design. Prime and paint new fencing to match current fencing paint colors. Exhibit “C” Task #2. METAL FENCING Installation of metal rail fencing on north side of the handicap ramp. This is to prevent E -1 people from cutting through the landscape and will allow plants to be reestablished. The new fencing will be styled and painted to match the current metal fencing on south side of ramp. Install approximately 137’ of metal rail fencing on north side of handicap ramp. See Exhibit “E” & Exhibit “G” New fencing will match current metal fencing in size, spacing and design. Prime and paint new fencing to match current fencing paint colors. Exhibit “C” The following are bid alternates Alternate #1 INFORMATION KIOSK Repair and replace the current damaged bulletin boards with new boards that are consistent with the other Metrolink stations. Bulletin boards will be provided by the City. Remove the existing four 40” x 60” recessed bulletin boards. See Exhibit “A”. Frame the opening to provide additional opening to support the installation of new bulletin boards that will be provided by the City. See Exhibit “B” Stucco the opening to match existing stucco texture. Prime and paint to match current paint colors. See Exhibit “C” Surface mount three new bulletin boards on 3 sides of kiosk. ( Leaving south/ track side empy) Alternate #2. SHELTER GLASS Remove and replace the cracked and scratched shelter glass on platform. The new glass panes shall have graffiti film to help prevent vandalism. Remove the remaining five glass panes from the shelter. Install nine new pieces of 40” x 59 5/8” x ¼ tempered safety glass. Install 6 MIL graffiti film to interior (shelter) side of nine glass panes Install patterned film on exterior (street) side of nine glass panes. See Exhibit “D” or equivalent. Touch up any damaged or missing paint on window framing matching current paint colors. See Exhibit”C” Alternate #3. PARKING LOT TRASH CONCRETE PADS Install twelve new trash cans throughout the lower parking lot. The new trash cans will be the same style that is currently used on the bus stops at the station and throughout the City as will be provided by the City E -2 Excavate, frame and pour twelve (12), 2’L x 2’W x 4D” concrete pads in various planters as noted on map. See Exhibit”H”. Exact locations to be discussed at Project Kick Off meeting. Contractor to pick up twelve new trash cans from the Transit Maintenance Facility location (28250 Constellation Rd. Santa Clarita CA 91355) and install new trash cans on pads. See Exhibit “I”. ADDITIONAL INFORMATION Contractor to provide all labor, material and equipment required to complete work unless noted. Contractor to properly dispose of all trash and debris. PAYMENT Lump sum payment on completion and acceptance when all work is complete. E -3 SECTION – F GENERAL PROVISIONS SECTION F - GENERAL PROVISIONS Santa Clarita Metrolink Station Repairs and Improvements City Bid TMF-17-18-51 City of Santa Clarita, California The general provisions for this contract shall be in conformance with Part 1, “General Provisions,” of the Standard Specifications for Public Works Construction, 2015 Edition, (SSPWC or Greenbook 2015) accept as amended and or superseded by the following: PART 1 - GENERAL PROVISIONS BIDDER shall take note that the amendment and additional provision that follow are not all shown in the order or numbering system as shown in the Greenbook 2015 Edition. SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS Agency - City of Santa Clarita Board - City Council representing the City of Santa Clarita Caltrans - California Department of Transportation City - City of Santa Clarita City Attorney - Attorney for the City of Santa Clarita C&DMMP - Construction & Demolition Materials Management Plan Project Manager - City of Santa Clarita, City Project Manager Inspector - Inspector for the City of Santa Clarita Owner - City of Santa Clarita State - State of California SPPWC - Standard Plans of Public Works Construction, 2012 Edition SSPWC - Standard Specification of Public Works Construction, 2015 Edition (Greenbook) SWPPP - Storm Water Pollution Prevention Plan WPCP - Water Pollution Control Program F-1 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT Add to Section 2-1, “Award and Execution of Contract” the following: Within ten (10) working days after the date of the AGENCY's notice of award, the CONTRACTOR shall execute and return the following contract documents to the AGENCY: - Capital Improvement Project Agreement - Faithful Performance Bond - Labor and Material Bond - Public Liability & Property Damage Insurance Certificate & Endorsements - Auto Insurance - Worker's Compensation Insurance Certificate - W-9 Form Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-1.1 PRE-CONSTRUCTION MEETING Add the following Section 2-1.1 “Pre- Construction Meeting” A Pre-Construction Conference shall be conducted at the Santa Clarita City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355, prior to the start of construction. The PROJECT MANAGER will distribute a notice of this meeting, along with an agenda of the subjects to be addressed at least four (4) days prior to the meeting. The job-site foreman or superintendent assigned by the CONTRACTOR for this project shall be present at the Pre-Construction Meeting. One week prior to the meeting, the CONTRACTOR shall submit the following: F-2 Construction Schedule Submittal Schedule Construction Staging Plan / Phasing Plan C&DMMP The following is a minimum agenda for the Pre Construction Meeting: 1.The PROJECT MANAGER will explain and discuss insurance, laws and codes, maintenance of traffic, permits, quality control, inspection and related items. 2.The PROJECT MANAGER will discuss procedures for Submittals, and Contract Change Orders. 3.The PROJECT MANAGER will discuss monthly progress payment application and establish the estimate cutoff date and discuss partial and final payments. 4.The PROJECT MANAGER will discuss the City’s Labor Compliance Program. 5.The PROJECT MANAGER will discuss the City’s Construction & Demolition Materials Management Plan. 6.The PROJECT MANAGER will discuss the Notice to Proceed and the CONTRACTOR’s responsibility to obtain an encroachment permit from the City and Caltrans prior to beginning work. 7.The CONTRACTOR will introduce CONTRACTOR’s representatives, briefly describe each person’s responsibilities, and provide Emergency contact information. The CONTRACTOR shall designate, in writing, a representative who shall have complete authority to act for the CONTRACTOR, including signature authority limitations. An alternate representative may be designated. The representative or alternate shall be present at the job site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the CONTRACTOR. In the absence of the CONTRACTOR or its designated representative, necessary or desirable directions or instructions may be given by the PROJECT MANAGER to the superintendent or person having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the CONTRACTOR or its representative. 8.The CONTRACTOR will distribute a list of Subcontractors and suppliers and discuss sequence of and coordination of critical work and long lead procurement items. 9.The CONTRACTOR will prepare and submit a tentative progress schedule for review and acceptance. F-3 10. The CONTRACTOR will define and discuss arrangements for Safety, first aid, emergency actions and security. Those attending the meeting shall include, but not be limited to the following: CONTRACTOR Subcontractors Subcontractors finance representative or certified payroll designee for Labor Compliance instructions City of Santa Clarita Project Manager City Public Works Staff Design ENGINEER Transit Maintenance Facility Staff Any explanations provided by the PROJECT MANAGER at this meeting do not amend, supersede or alter terms or meaning of any Contract Document and the CONTRACTOR shall not claim reliance on such explanations as a defense to any breach or failure by the CONTRACTOR to perform as specified in the Contract. 2-3 SUBCONTRACTS 2-3.2 SELF PERFORMANCE Subsection 2-3.2 of the SSPWC is hereby deleted and replaced with the following: The CONTRACTOR shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the 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 PROJECT MANAGER. F-4 2-3.3 STATUS OF SUB CONTRACTORS Add the following to Subsection 2-3.3: Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. The CONTRACTOR shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 6-8 of the SSPWC. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the CONTRACTOR or subcontractor in the event of a dispute involving late payment or nonpayment by the CONTRACTOR or deficient subcontract performance or noncompliance by a subcontractor. 2-4 CONTRACT BONDS Delete the third and forth paragraph and replace with the following: The Bidder shall provide two good and sufficient surety bonds. The “Payment Bond” (Labor and Material Bond) shall not be less then 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and labors employed by it on the Work. The Labor and Material Bond shall be maintained by the CONTRACTOR in full force and effect 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. The “Faithful Performance Bond” shall be 100 percent of the Contract Price and shall remain in force until one year after the date of recordation of the Notice of Completion. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General - Subsection 2-5.1, the last paragraph is hereby deleted and replaced with the following: The Contractor shall carefully study and compare the Contract Documents with each other and with information available to the CONTRACTOR and furnished by the CITY and shall immediately notify the PROJECT MANAGER of errors, inconsistencies, or omissions discovered. If the CONTRACTOR performs any construction activity knowing it involves a F-5 recognized error, inconsistency, or omission in the Contract Documents without notice to the PROJECT MANAGER, the CONTRACTOR shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. The CONTRACTOR shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the CONTRACTOR with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the PROJECT MANAGER immediately. DIFFERING SITE CONDITIONS (23 CFR 635.109) (CT Stnd Spec 4-1.06) a.Contractor's Notification Promptly notify the Agency’s PROJECT MANAGER if you find either of the following conditions: 1.Physical conditions differing materially from either of the following: Contract documents Job site examination 2.Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the PROJECT MANAGER, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the PROJECT MANAGER. If you disturb the site after discovery and before the PROJECT MANAGER’s investigation, you waive the differing site condition claim. b.Engineer's Investigation and Decision (CT Stnd Spec 4-1.06C) Upon your notification, the PROJECT MANAGER investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both 2-5.3 SUBMITTALS The third paragraph of Subsection 2-5.3.1 General, is hereby deleted and replaced with the following: F-6 The CONTRACTOR shall allow a minimum of 10 working days for review of submittals unless otherwise specified in the Special Provisions. Each Submittal shall be accompanied by a letter of transmittal. Submittals shall be submitted to: City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita, CA 91355 Phone: (661) 295-6308 Fax (661) 295-6393 Email: gferguson@santa-clarita.com Attention: Grace Ferguson 2-5.3.1a SCHEDULE OF SUBMITTALS Add subsection 2-5.3.1a, “Schedule of Submittals” as follows: At the start of work, the CONTRACTOR shall identify the submittals which will be required and determine the date on which each submittal will be made. The submittal schedule shall be submitted with the CONTRACTOR’s schedule to the PROJECT MANAGER for approval as specified in 6.1.1, Prosecution, Progress and Acceptance of the Work. 2-5.4EXAMINATION OF CONTRACT DOCUMENTS The BIDDER shall examine carefully the entire sites of the work, including but not restricted to the conditions and encumbrances related there to, the plans and specifications, and the proposal and contract forms. The submission of a bid shall be conclusive evidence that the BIDDER has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, 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. 2-11 INSPECTION OF THE WORK The second sentence is hereby deleted and replaced with the following: The CONTRACTOR shall notify the PROJECT MANAGER or CITY INSPECTOR forty-eight (48) hours in advance of the start of work. The following sentence is added to the Section. F-7 Any work done in unauthorized areas or in a manner unacceptable to the INSPECTOR shall not be accepted or paid for by the CITY. 2-12 CONTRACT RECORD DOCUMENTS Add New Sub Section 2-12, “CONTRACT RECORD DOCUMENTS” the following: 2-12.1 AS BUILT DRAWINGS Promptly following receipt of Notice to Proceed, CONTRACTOR shall identify and maintain for the OWNER a complete As-Built control set of Plans and Specifications in good order on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. CONTRACTOR shall update this set daily, showing every change from the original drawings and specifications, including exact as-built locations, sizes and types of underground piping, valves, equipment, and all other work not visible at surface grade. On these plans, the CONTRACTOR shall make all as-built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master record of as-built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work. In the case of those drawings, which are superseded by final shop drawings, the as-built drawings shall be updated by indicating how those portions are superseded. Prior to submitting each monthly progress payment request, the CONTRACTOR shall secure the AGENCY’s approval of the current status of the As-Built documents. The AGENCY’s approval will be a prerequisite to the PROJECT MANAGER’s approval of requests for progress and final payment to the contract. The AGENCY will withhold $1,000.00 for each month that the “AS- Built” documents are deemed deficient by the PROJECT MANAGER. The CONTRACTOR shall deliver the control set of documents to the PROJECT MANAGER within ten (10) days of completion of work. Final payment will not be made until this requirement is met. Payment for performing the work required in this section shall be included in the various bid items, and no additional payment will be made. 2-12.2CLOSE OUT Prior to final payment, the CONTRACTOR shall deliver the following documents to the PROJECT MANAGER: F-8 1.Punch List Approval 2.As-Built / Record Drawings 3.All Labor Compliance Forms and approved CPR’s 4.Final C&DMMP and Weight Delivery Tickets 5.O & M Manuals 6.Warranties 7.Training 8.Removal of all Construction Signs SECTION 3 - CHANGES IN WORK 3-2CHANGES INITIATED BY THE AGENCY 3-2.1 GENERALAdd to Section 3 the following: The Owner may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. Each approved change order shall be considered as an amendment to the Contract Documents and shall not be considered approved until executed by the Owner. The PROJECT MANAGER, also, may at any time, by issuing a Field Order, make changes in the details of the work. The CONTRACTOR shall proceed with the performance of any changes in the work so ordered by the PROJECT MANAGER unless the CONTRACTOR believes that such Field Order entitles him to a change in Contract Price or Time, or both in which event he shall give the PROJECT MANAGER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for change in Contract Price or Time within thirty (30) days. PROJECT MANAGER has authority to make minor changes in the work, which do not involve extra cost and are not inconsistent with the Contract Documents. CONTRACTOR's acting on such instructions, explanations and drawings of PROJECT MANAGER means that CONTRACTOR agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. F-9 The CONTRACTOR shall not execute such changes pending the receipt of an executed Change Order or further instructions from the Owner. The Contract Price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for the increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: 1.Unit prices previously approved. 2.An agreed lump sum. 3.The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. Extra work to be paid for on a force account basis as directed by the Owner's Representative will be paid for as set forth in Section 3 “Changes in Work” of the Standard Specifications. The labor surcharge, equipment rental rates and the right of way delay factors for each classification of equipment are listed in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates. 3-2.2.1CONTRACT UNIT PRICESSubsection 3-2.2.1 of the SSPWC is hereby replaced with the following: The quantities listed in the Bid Schedule are approximate only and are prepared for the comparison of bids. Payment to the CONTRACTOR will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the contract. The AGENCY reserves the right to increase or decrease the amount of any or all of the approximate quantity shown in the Bid Schedule, and to add or delete the locations, type, and extent of work. Increases or decreases in the quantities of work within the limits specified shall in no way invalidate the unit bid or contract prices. No claim shall be made by the Contractor for any loss of anticipated profits because of any such alternation or due to any variation between the approximate quantities and the quantities of work as done. 3-2.2.6 BALANCING CHANGE ORDER Add New Sub Section 3-2.2.6, “Balancing Change Order” F-10 Upon completion of the work, the PROJECT MANAGER and CONTRACTOR shall agree on the final quantities for each line item. Quantity adjustments in accordance with section 3-2.2.1 shall be tabulated and paid for at the contract unit prices in the Balancing Change Order, except those quantities described in section 3-2.2.2, 3-2.2.3 and 3-2.5. 3-3 EXTRA WORK Subsection 3-3.2.3 - Markup is replaced by the following: a. Work by the CONTRACTOR: The following percentages shall be added to the CONTRACTOR’s cost and shall constitute the markup for all overhead and profit on Extra Work performed by the CONTRACTOR: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% Refer to current CALTRANS Labor Surcharge & Equipment Rental Rates for unit pricing of all Extra Work. b.Work by the SUBCONTRACTOR: The aggregate of all markups for added work, regardless of the number of tiers of SUBCONTRACTORS used, shall not exceed the markup established in Subsection 3-3.2.3a plus 10-percent on the first $2,000 of extra work and 5-percent on work in excess of $2,000. c.The CONTRACTOR shall also be compensated as specified in the Special Provisions for the actual increase in the CONTRACTOR’s bond premium caused by the extra work. The CONTRACTOR shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such adjustments to the AGENCY. 3-6 NOTICE TO SURETIES Section 3, Changes in Work, is amended by adding thereto the following Subsection 3-6: F-11 The CONTRACTOR shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such adjustments to the AGENCY. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 GENERAL Subsection 4-1.1 of the SSPWC is hereby deleted and replaced with the following: The CONTRACTOR and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The CONTRACTOR, at no cost to the AGENCY, shall make repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one-year period, the CONTRACTOR shall also restore to full compliance with requirements of this contract portions of the work that are found to not meet those requirements. The CONTRACTOR shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Repairs, replacements, and restorations shall be made within 30 days after the date of the PROJECT MANAGER’s written notice. 4-1.4 TEST OF MATERIALS Add to Section 4-1.4, “Test of Materials” the following: All necessary materials and compaction testing will be done by AGENCY approved testing laboratory. Except as elsewhere specified, the AGENCY will bear the cost of testing materials and or workmanship, which meet or exceed the requirements indicated in the SSPWC and Special Provisions. The costs of additional tests, if deemed necessary by the PROJECT MANAGER, of material and/or workmanship, which previously met or exceeded the requirements indicated in the SSPWC and Special Provisions, shall be borne by the CONTRACTOR. The cost of all other testing that fails to pass the first test shall be charged to the CONTRACTOR and withheld from final payment. 4-1.6TRADE NAMES OR EQUALS F-12 Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth herein and in the INSTRUCTION TO BIDDERS. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to Section 6-1 “Construction Schedule and Commencement of Work” as follows: The CONTRACTOR’s proposed schedule and staging plan shall be submitted to the AGENCY for approval five (5) working days before the preconstruction meeting. The CONTRACTOR shall prepare a computer generated CPM schedule for this project. The schedule shall be generated using Microsoft Project, or an approved substitute. The schedule shall be broken down into activities with durations each less than two weeks and valued at less than $20,000. No more than 15 percent of the activities may be on the critical path of the baseline schedule. The baseline schedule will be reviewed by the PROJECT MANAGER and the CONTRACTOR shall make any reasonable changes requested to make the schedule acceptable. For additional requirements on the project schedule the CONTRACTOR shall refer to Section F, 5 – Progress Schedule of these specifications. On a weekly basis, the CONTRACTOR shall submit a task schedule reflecting the work scheduled for each day for the following two weeks. Compliance with the scheduling requirements of this section and Section F, 5 – Progress Schedule is of the essence of this contract. Failure to comply with the requirements of these sections may result in the OWNER retaining money from the monthly pay request. For each occurrence of a construction schedule violation as provided herein, the CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of $1,000, unless otherwise provided in the specifications. 6-1.2COMMENCEMENT OF THE WORK Add to Section 6-1 “Commencement of the Work”, “Notice to Proceed” as follows: 1.The start date for Construction will be established at the Pre Construction Meeting. F-13 2.A “Notice to Proceed” will be issued in writing by the PROJECT MANAGER, pending confirmation that the following documents have been submitted by the CONTRACTOR in accordance with the Pre Construction Checklist included in the Notice Inviting Bids. Construction Schedule List of all Sub Contractors Materials List and Manufacture’s Brochures (with procurement times, as required) Permits (City and LA County) Emergency Contact Information Construction and Demolition Materials Management Plan (C&DMMP) 3.In the event that procurement lead-time precedes construction activity, the AGENCY will issue a Notice to Proceed with Procurement. Upon verification of delivery dates, the Notice to Proceed with Construction will be issued as deemed necessary. 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 GENERAL In the second paragraph, replace the word "materials" with the words "materials, equipment, or labor.” And Add to Section 6-6.1 “General” as follows: No extension of time will be granted for the CONTRACTOR’S inability to secure materials for this project. 6-7 TIME OF COMPLETION 6-7.1 GENERAL Add to Section 6-7.1 “General” as follows: Time is of the essence in the performance of the work. The CONTRACTOR shall begin work within ten (10) calendar days after date of the Notice to proceed and shall diligently prosecute the work to completion in every detail, within 10 working days after the date in the Notice to Proceed with Work, exclusive of any extended working hours & Saturdays and maintenance periods. In addition, the CONTRACTOR shall complete all irrigation trenching, mains or laterals installation, and trench backfills in a timely manner such that no trench shall remain open more F-14 than ten (10) consecutive working days. Any deviation from the above shall only be made at PROJECT MANAGER’s discretion. 6-7.2 WORKING DAY Add to Section 6-7.2 “Working Day” as follows: CONTRACTOR's activities shall be confined to the hours between 7:30 am and 4:00 pm, Monday through Friday.In addition, no work shall be performed by the CONTRACTOR on Saturday, Sunday, or on AGENCY-designated holidays. Days designated as holidays by the AGENCY are listed in Table 1 below. Deviations from these restrictions will not be permitted without the prior consent of the PROJECT MANAGER, 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, unless otherwise provided in the specifications. TABLE 1 - AGENCY-DESIGNATED HOLIDAYS Christmas Day Monday, December 25, 2017 New Year’s Eve Day Observed Friday, December 29, 2017 New Year’s Day Monday, January 1, 2017 Martin Luther King Day Monday, January 15, 2018 President’s Day Monday, February 19, 2018 Memorial Day Monday, May 28, 2018 Independence Day Wednesday, July 4, 2018 Labor Day Monday, September 3, 2018 Veteran’s Day Observed Monday, November 12, 2018 Thanksgiving Day Thursday, November 22, 2018 Day after Thanksgiving Friday, November 23, 2018 F-15 6-9LIQUIDATED DAMAGES Liquidated damages for failure of the CONTRACTOR to complete the work within the time allowed are hereby amended to be One Thousand dollars ($1,000.00) per day. SECTION 7 - RESPONSIBILITIES OF CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES The CONTRACTOR is solely responsible for the means and methods of construction, and for providing and maintaining a safe place to work. A noise level limit of 86 dBA at a distance of 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. The CONTRACTOR shall not start, operate, move, or idle equipment prior to the designated working time as approved by the AGENCY. 7-2.2 LAWS Add to Section7-2.2 “Laws” as follows: The CONTRACTOR and all subCONTRACTORs, suppliers, and vendors shall comply with all AGENCY, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The CONTRACTOR shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 LIABILITY INSURANCE Add to Section 7-3 “Liability Insurance” as follows: Liability insurance coverage requirements are amended as follows: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $ 2,000,000 Products/Completed Operations Hazard $ 2,000,000 Comprehensive Automobile Liability $ 1,000,000 Contractual General Liability $ 2,000,000 F-16 A combined single-limit policy with aggregate limits in the amount of $4,000,000 will be considered equivalent to the required minimum limits. Except as provided for in Subsection 6-10, the CONTRACTOR shall save, keep and hold harmless the AGENCY, its officers, employees, and agents from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or a negligent act or omission by the CONTRACTOR, any of the CONTRACTOR's employees, or any subCONTRACTOR. The AGENCY will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance, except as provided for in Subsection 6-10 of the SSPWC. Except as provided for in Subsection 6-10, the CONTRACTOR shall save, keep and hold harmless the following: City of Santa Clarita (Property OWNER) Additional Property Owners as required to complete the work. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of an expiration or proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered or certified mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 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. All of such insurance shall be primary insurance and, except for professional liability insurance, shall name the City of Santa Clarita and its officers, agents, servants and employees, as additional insured. The policy shall also name the following as additional insured: City of Santa Clarita (Property OWNER) Additional Property Owners as required to complete the work The cost of this insurance shall be included in the CONTRACTOR's bid. F-17 7-5 PERMITS Subsection 7-5 of the SSPWC is hereby deleted and replaced with the following: Prior to the start of work, the Contractor shall take out all applicable Agency permits and make arrangements for Agency inspections. Agency permits will be issued at no charge to the Contractor. The Contractor and all Subcontractors shall be licensed in accordance with State Business and Professions Code. The Contractor shall obtain, at the Contractor's cost, an Encroachment Permit from LA County. 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. The Contractor shall pay all costs incurred by the permit requirements. The Contractor is to refer to Exhibit A in this specification for more details on the LA County Permit. No reimbursement to the Contractor will be made for his time or associated costs incurred in procuring construction permits. Work restrictions are outlined in the project encroachment permits and in the General Provisions Section 6-7.2 Working Day. If the encroachment permits do not list the project work restrictions, the Contract Documents shall govern. Work outside of the specified hours shall not be allowed unless approved in writing by the City’s Project Manager. 7-6 CONTRACTOR’S REPRESENTATIVE Add to Section 7-6 “Contractor’s Representative” as follows: Add the following: The CONTRACTOR’s Representative is required to be accessible by pager or cellular phone at all times. 7-8 WORK SITE MAINTENANCE 7-8.2 AIR POLLUTION CONTROL Section 7-8.2, Air Pollution Control, is amended by adding thereto the following Subsection 7-8.2.1, “Dust Control” as follows: 7-8.2.1 Dust Control Dust generated by traffic, CONTRACTOR’s operations, or wind are all included in the definition of “dust.” F-18 All activities shall be in compliance with the South Coast Air Quality Management District’s (SCAQMD) Rule 403. Fugitive Dust requirements. http://www.aqmd.gov/rules/reg/reg04/r403.pdf High wind condition is defined as instantaneous wind speeds exceeding 25 miles per hour (SCAQMD Rule 403, (c), (19), High Wind Conditions). Inactive Disturbed Surface Area means any disturbed surface area upon which active operation have not occurred or are not expected to occur for a period of 20 consecutive days. (SCAQMD Rule 403, (c), (20), Inactive Disturbed Surface Area). Stabilized Surface means any previously disturbed surface area or open storage pile which, through the application of dust suppressants, shows visual or other evidence of surface crusting and is resistant to wind-driven fugitive dust and is demonstrated to be stabilized. Stabilization can be demonstrated by one or more of the applicable test methods contained in the Rule 403 Implementation Handbook. (SCAQMD Rule 403, (c), (31), Stabilized Surface). Payment for maintaining dust control and air contaminates within the project area shall be included in the contract prices paid for related items of work, and no additional compensation shall be allowed therefore. Equipment shall be removed from the site as soon as it is no longer necessary for the project. Within 24 hours of a request from the AGENCY, CONTRACTOR must remove equipment from the site that is no longer needed for the project. Refusal by the CONTRACTOR to remove the equipment may be cause for withholding progress payments. MAINTENANCE To ensure the proper implementation and functioning of BMPs, the CONTRACTOR shall regularly inspect and maintain the construction site for the BMPs identified in the BMP Plan. The CONTRACTOR shall identify corrective actions and time needed to address any deficient measures or reinitiate any BMPs that have been discontinued. All repair and correction shall begin within 72-hours of notice or before the next storm forecasted with 50% or greater chance whichever is sooner. Inspections of the construction site shall be conducted by the CONTRACTOR to evaluate BMPs, as follows: A.Within 48-hours of a NOAA forecasted storm event of 50% or more. F-19 B.Weekly C.Every 24-hours during an on-going storm. Disturbed soil areas within the project shall be protected in conformance with the requirements in the BMP Plan with an effective combination of soil stabilization and sediment control. Attention shall be focused on prevention of pollution rather on its removal from runoff, as such, soil stabilization BMPs are of the highest priority. If the CONTRACTOR or the PROJECT MANAGER identifies a deficiency in the deployment or functioning of an identified BMP, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the CONTRACTOR and approved by the PROJECT MANAGER in writing, but not later than 72-hours after notice or before the next storm forecasted with 50% or greater chance whichever is sooner. The correction of deficiencies shall be at no additional cost to the CITY. Upon completion of the project ALL disturbed-soil areas, including the construction staging area shall be stabilized with materials approved by the PROJECT MANAGER. Stabilization items are required to be implemented prior to the project acceptance by the City’s Project Manager. No BMPs may contain plastic. This provision does not apply to the bed, bank, and channel of any streambed or natural drainage. PAYMENT Full compensation for conforming to the provisions in this section shall be considered as included in the contract price LUMP SUM forMOBILIZATION. Work includes Implementation of BMP Plan including post construction stabilization items described above under “All disturbed areas”, as shown on the Bid, of work involved and no additional compensation will be allowed therefore. The PROJECT MANAGER may retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the CONTRACTOR fails to conform to the provisions in this section “BMP Plan" as determined by the PROJECT MANAGER. City’s Project Manager will withhold $500 per BMP deficient item from the monthly progress payment if the outstanding deficient item is not corrected within 3 working days from the issuance date of the deficient item by the City’s Environmental Specialist. The City’s Environmental Specialist will inspect the site on a weekly basis and the deficient item F-20 list will be issued if the correction is needed. Once the deficient item is corrected and approved by the City’s Environmental Specialist, the withheld money will be released back to the Contractor. Retentions for failure to conform to the provisions in this section "BMP Plans" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the CONTRACTOR to conform to the provisions in this section will be released for payment on the next monthly estimate for partial payment following the date that a BMP Plan has been implemented and maintained and water pollution is adequately controlled, as determined by the PROJECT MANAGER. 7-8.9 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT Section 7-8, Project Site Maintenance, is amended by adding thereto the following Subsection 7-8.9 as follows: The CONTRACTOR shall comply with the City’s Construction and Demolition Material Management Ordinance per City of Santa Clarita Municipal Code Section 15.46, parts 1-3 and 5. This requires that at least 50% of all construction and demolition materials and inert wastes from construction, demolition, grading projects be diverted from landfills. Prior to start of construction, the CONTRACTOR shall submit a Construction and Demolition Materials Management Plan (“C&DMMP”), to the PROJECT MANAGER, or the PROJECT MANAGER’s Designee for approval. The Notice to Proceed shall not be issued until the C&DMMP has been approved by the PROJECT MANAGER or Designee. The C&DMMP shall provide all of the information set forth in Section 15.46.300 of the City’s Municipal Code. The C&DMMP indicates that the Diversion Requirement will be met. The following three conditions must be met in order to obtain final payment: 1.Within one hundred eighty (180) days after the completion of the project, the CONTRACTOR shall submit to the PROJECT MANAGER, or Designee documentation that the CONTRACTOR has met the diversion requirement for the project. Receipts and gate tickets from the vendor or facility which collected or received C & D material showing the actual weight of that material or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill: F-21 A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility, or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; Any additional information the CONTRACTOR believes is relevant to determining its efforts to comply in good faith with this requirement. 2.The Administrator or the Administrator’s Designee shall review the information submitted and determine whether the CONTRACTOR complied with the construction and demolition materials management plan. 3.If the Administrator or the Administrator’s Designee determines that the CONTRACTOR has fully complied with the construction and demolition materials management plan applicable to the project, the Administrator or the Administrator’s Designee may authorize final payment. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Subsection 7-9 of the SSPWC is hereby amended as follows: The third paragraph is hereby deleted and replaced with the following: Protect and maintain streetlights, utility poles and services, traffic signal control boxes, curb boxes, valves and other services, except items designated for removal. Provide for temporary relocation when required to maintain facilities and services in operation during construction work. The last paragraph 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. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS Add to Section 7-10.1 “Traffic and Access” as follows: F-22 All access driveways for businesses shall remain open at all times. All traffic control procedures shall be implemented according to guidelines as set forth in the approved Traffic Control Plans and the Work Area Traffic Control Handbook (W.A.T.C.H.) Manual and the manualon Uniform Traffic Control Devices (MUTCD) Manual. 7-10.4.3 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES Add to Section 7- 10.4.3 “Special Hazardous Substances and Processes” as follows: Spills along the roadway shall be removed as quickly as practical. Hazardous materials and motor vehicle fluids shall be removed from the site. Contaminated soil shall also be removed or remediate as soon as practical. Cleanup priorities shall include health and safety and protection of streams and other habitats. The CITY shall provide hazardous material testing. Soils on the site shall be sampled and analyzed for pesticides. A groundwater sample shall be collected and analyzed for general screening purposes and for volatile organic compounds. If site sampling detects hazardous materials at levels exceeding regulatory limits, a plan shall be developed, in conjunction with appropriate regulatory agencies, to determine the extent of contamination and to identify methods and procedures for treatment and/or removal of hazardous materials. The plan shall comply with all local, state, and federal requirements for treatment, removal, transport, and/or disposal of hazardous materials. A contingency plan shall be developed and in place during project construction in the event that unidentified underground storage tanks, hazardous materials, petroleum hydrocarbons, or hazardous or solid wastes are unexpectedly encountered during construction. This contingency plan shall address underground storage tank decommissioning, field screening and materials testing methods, mitigation and contaminant management requirements, and health and safety requirements for construction workers. A contingency plan will be implemented based on an agreement between the CITY and the CONTRACTOR per the “Changes of Work” section herein. 7-10.4.5PROTECTION OF THE PUBLIC Section 7-10.4, Safety, is amended by adding thereto the following Subsection 7-10.4.5 as follows: F-23 It is part of the service required of the CONTRACTOR shall make whatever provisions are necessary to protect the public. The CONTRACTOR shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life, or loss of property which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the PROJECT MANAGER, 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 PROJECT MANAGER, immediate action shall be considered necessary in order to protect the public or property due to the CONTRACTOR's operations under this contract, the PROJECT MANAGER will order the CONTRACTOR to provide a remedy for the unsafe condition. If the CONTRACTOR fails to act on the situation within a reasonable time period, the PROJECT MANAGER 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 PROJECT MANAGER, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary shall be borne by the CONTRACTOR. All expenses incurred by the AGENCY for emergency repairs will be deducted from the final payment due to the CONTRACTOR. However, if the AGENCY does not take such remedial measures, the CONTRACTOR is not relieved of the full responsibility for public safety. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL No field offices for AGENCY personnel shall be required, however, AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the CONTRACTOR if so provided by the CONTRACTOR for his own personnel. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT Add to Section 3 – Payment the following: The cost of all labor, material and equipment necessary to complete the work as described in the plans and specifications shall be included in the prices for each bid item, either as a lump sum or F-24 by final quantities, whatever is indicated. The final payment quantities shall be based on the actual amount of materials installed or measured on the job. Certified weighmaster load tickets will be required for all AC leveling and surface course, crushed aggregate base material and all PCC delivered to the site. No payment will be made for any materials not used on the site. The contract unit price shall include all labor, material and equipment costs necessary to complete the work, even though not shown or specified. A bid item shall be considered complete when all necessary work has been completed and accepted by the City, including site clean up. 9-3.2PARTIAL AND FINAL PAYMENT Subsection 9-3.2 of the SSPWC is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. Prior to the end of each month and preparation of progress payment, the CONTRACTOR shall meet with the PROJECT MANAGER to review all work to date and prepare a statement of the quantity of work completed to date. When the work is complete, the PROJECT MANAGER will determine the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within 45 days after CONTRACTOR submits the progress payment. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the CONTRACTOR returns the control set of Plans and Specifications showing the as-built conditions, and all other close-out items as stated in Section 2-12.2 Close-Out of these specifications. 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. 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. F-25 Surety eligible for investment shall include those listed in Section 16430 of the State Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts and stand-by letters of credit. Any escrow agreement entered into shall contain the following provisions and be substantially similar to the form "Escrow Agreement for Security Deposits in Lieu of Retention as contained in Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code." 9-3.3DELIVERED MATERIALS Materials and equipment delivered, but not incorporated into the work, will not be included in the estimate for progress partial payment. The City will not pay for storage costs. 9-4 BID SCHEDULE MEASUREMENT AND PAYMENT Subsection is hereby added as follows: 9-4.1 SCOPE Payment for the various items of the bid sheets, as further specified herein, shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, raw materials, manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work as specified and shown on the drawings, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Sheets, and all costs therefore shall be included in the prices named in the Bid Sheets for the various appurtenant items of work. The CONTRACTOR must include all items of work within the Bid Sheets. Where the CONTRACTOR is unsure of the placement of an item within the Bid Sheets, he shall use the most appropriate item. Any questions to the City must be directed prior to the submittal of the Bid sheets and failure to receive an answer does not relieve the CONTRACTOR from the above obligations. 9-4.2 PAYMENT SCHEDULE All pay line items will be paid for at the lump sum or unit prices named in the Bid Sheets for the respective items of work. The quantities of work or material stated as unit price items on the Bid F-26 Sheets are supplied only to give an indication of the general scope of work; the City does not expressly nor by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of work. The CONTRACTOR is required to provide a complete bid for all work described in the specifications and on the plans. If the CONTRACTOR is unsure of which bid item should be used for a particular item of work, he shall either receive clarification from the CITY in writing or shall select the bid items which best fits work in question. SECTION 10 - CONSTRUCTION CLAIMS Add Section 10 as follows: 10-1 GENERAL In addition to notices and reports required by the contract documents, the CONTRACTOR shall comply with the provisions of this Section. 10-2 NOTICE OF POTENTIAL CLAIM The CONTRACTOR shall not be entitled to the payment of any additional compensation for any act, failure to act, by the PROJECT MANAGER, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the PROJECT MANAGER due written notice of potential claim as hereinafter specified. The written notice of potential claim shall set forth the reasons for which the CONTRACTOR believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the PROJECT MANAGER prior to the time that the CONTRACTOR shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the PROJECT MANAGER, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention of this Subsection 10-2 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the PROJECT MANAGER at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The CONTRACTOR hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written notice of potential claim as herein required was filed. 10-3 CLAIMS F-27 Claims shall be resolved in accordance with Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) of the Public Contract Code. All claims shall be in writing and shall include the documents necessary to substantiate the claims. Claims must be filed on or before the date of final payment. For claims of less than $50,000, the AGENCY will respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or to the claim the AGENCY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to mutual agreement of the AGENCY and the CONTRACTOR. The AGENCY's written response to the claim, as further documented, will be submitted to the CONTRACTOR within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information, whichever is greater. For claims of over $50,000 and less than or equal to $375,000, the AGENCY will respond in writing to all written claims within 60 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the AGENCY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to mutual agreement of the AGENCY and the CONTRACTOR. The AGENCY's written response to the claim, as further documented, will be submitted to the CONTRACTOR within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information or requested documentation, whichever is greater. If the CONTRACTOR disputes the AGENCY's written response, or the AGENCY fails to respond within the time prescribed, the CONTRACTOR may so notify the AGENCY, in writing, either within 15 days of receipt of the AGENCY's response or within 15 days of the AGENCY's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the AGENCY will schedule a meet and confer conference within 30 days for settlement of the dispute. Following the meet and confer conference, if the claim or any portion remains in dispute, the CONTRACTOR may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim F-28 must be filed shall be tolled from the time the CONTRACTOR first submits his or her written claim until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. The following procedures are established for all civil actions filed to resolve claims subject to this Section: 1.Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court will submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. 2. (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this Subsection consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this Section shall be experienced in construction law, and upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a F-29 different division. In no event shall these fees or expenses be paid by state or county funds. a.In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo. 2.The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. F-30 SECTION – G LABOR COMPLIANCE PROGRAM CITY OF SANTA CLARITA L ABOR C OMPLIANCE P ROGRAM Effective Date of Approval: November 20, 2003 Updated: January 24, 2012 LA #135134 v2 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM IMPLEMENTATION PLAN & OPERATIONAL MANUAL Table of Contents Section I. Introduction II Labor Compliance Program III. Implementation Plan IV. Operational Manual Site Visitation /Interviewing Requirements V. Procedures Certified Payroll Verification Labor Compliance Site Monitoring VI. Forms Public Works Contract Award Information (DAS 140) Training Funds Contributions (CAC 2) Contractor Fringe Benefit Statement Certified Payroll Reporting (sample) DIR Public Works Payroll Reporting Form A-1-131(2-80) Prevailing Wage Determination (sample) Rules of Engagement Labor Compliance Site Visitation Interview Form Site Visitation Log Pre-Award Letter (sample) Post-Award Letter (sample 1st Request for Certified Payrolls Letter (sample) Missing Documents List Certified Payroll Worksheet Certified Payroll Correction Letter (sample) Report of Action for Prevailing Wage Violations LA #135134 v2 Section I CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LA #135134 v2 INTRODUCTION The City of Santa Clarita (the “City”) institutes this Labor Compliance Program (“LCP”) for the purpose of identifying and implementing its policy relative to the labor compliance provisions of state and federally funded public works contracts. This program is established for those applicable public works that commence construction after November 1, 2003. California Labor Code Section 1770, et 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 Requirements Apply......................................................................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 Occurred10 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 to the City Council........................................................................16 ATTACHMENTS A. Checklist of Labor Law Requirements for Review at Job Start Meetings........................................................................17 B. Audit Record Worksheets.............................................................19 C. Request for Approval of Forfeitures (suggested format)..............23 D-1. Notice of Temporary Withholding of Contract Payments Due to Delinquent of Inadequate Payroll Records...................................25 D-2. Notice of Withholding of Contract Payments...............................27 E. Notice of Transmittal....................................................................30 F.Notice of Opportunity to Review Evidence Pursuant To Labor Code Section 1742(b)...................................................31 G. Prevailing Wage Hearing Regulations, 8 CCR Sections 17201-17270.....................................................34 H. Suggested Single Project Labor Compliance Review and Enforcement Report Form...........................................................35 INTRODUCTION The City of Santa Clarita institutes this Labor Compliance Program (“LCP”) for the purpose of implementing its policy relative to the labor compliance provisions of state and federally-funded public works contracts and specifically to comply with the provisions of Labor Code Section 1771.5. This LCP contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions. The California Labor Code Section 1770, et seq. requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research. In establishing this LCP, the City adheres to the statutory requirements as enunciated in Section 1771.5(b) of the Labor Code. Further, it is the intent of the City to actively enforce this LCP by monitoring City construction sites for the payment of prevailing wage rates, and by requiring contractors and subcontractors having workers on City sites to submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates. The failure of the City to comply with any requirement imposed by the California Code of Regulations shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligations imposed by Chapter 1 (commencing with Section 1720), Part 7, Division 2 of the Labor Code. Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the City will modify the affected portions of this program accordingly. SECTION I PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair, or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. A.Types of Contracts to Which Prevailing Wage Requirements Apply Applicable projects under Labor Code Section 1720 et seq. B. Applicable Dates for Enforcement of the LCP The applicable dates for enforcement of awarding body Labor Compliance Programs is established by Title 8, Section 16425 of the California Code of Regulations. Contracts are not subject to the jurisdiction of the Labor Compliance Program until after the program has received approval. 1 SECTION II COMPETITIVE BIDDING ON CITY PUBLIC WORKS CONTRACTS The City publicly advertises upcoming public works projects to be awarded according to a competitive bidding process. All City bid advertisements (or bid invitations) and public works contracts shall contain appropriate language concerning the requirements of the Labor Code. SECTION III JOB START MEETING After the City awards the public works contract, and prior to the commencement of the work, a mandatory Job Start meeting (Pre-Job conference) shall be conducted by the LCO with the contractor and those subcontractors listed in its bid documents. At that meeting, the LCO will discuss the federal and state labor law requirements applicable to the contract, including prevailing wage requirements, the respective record keeping responsibilities, the requirement for the submittal of certified payroll records to the City, and the prohibition against discrimination in employment. The LCO will provide the contractor and each subcontractor with a Checklist of Labor Law Requirements (presented as Attachment A to this document) and will discuss in detail the following checklist items: 1. The contractor’s duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; 2. The contractor’s duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); 3. The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1777.1,1777.7 and 1813 4.The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their portion of the work is less than one half of one percent of the total amount of the contract. 5.The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6.The prohibition against taking or extracting kickback from employee’s wages under Labor Code Section 1778; 7.The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8.The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9.The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and 2 under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10.The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11.The requirement that the contractor and subcontractor be properly insured for Workers’ Compensation under Labor Code Section 1861); 12.The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13.The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14.The requirements to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). _____________________________ ________________________________ Date Name of person signing and company The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask questions of the LCO relative to the items contained in the Labor Law Requirements Checklist. The checklist will then be signed by the contractor’s representative, a representative of each subcontractor, and the LCO. At the Job Start meeting, the LCO will provide the contractor with a copy of the City’s LCP package which includes: a copy of the approved LCP, the checklist of Labor Law Requirements, applicable Prevailing Wage Rate Determinations, blank certified payroll record forms, fringe benefit statements, State apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1, Sections 1720-1861). It will be the contractor’s responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors. SECTION IV REVIEW OF CERTIFIED PAYROLL RECORDS A. Certified Payroll Records Required The contractor and each subcontractor shall maintain payrolls and basic records (timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, superintendent and foreman daily logs, etc.) during the course of the work and shall be retained until the later of (1) at least one year after the acceptance of the public work or five years after the cessation of all labor on a public work that has not been accepted, or (2) one year after a final decision or judgment in any litigation under Labor Code Section 1742. Certified Payroll Records on Federally-assisted shall be maintained for a minimum of three years after acceptance of the public work. Such records shall include the name, address, and social security number of each worker, his or her classification, a general description of the work each employee performed each day, the rate of pay (including rates of 3 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 conceptis that the employer who pays the trades worker must report that individual on its payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner-operators are to be reported by the contractor employing them; rental equipment operators are to be reported by the rental company paying the workers’ wages. Sole owners and partners who work on a contract must also submit a certified payroll record listing the days and hours worked, and the trade classification descriptive of the work actually done. The contractor shall make generally available for inspection such records by the Department of Industrial Relations, and shall permit representatives of each to interview tradesworkers during working hours on the project site. 4 4. Responsibility for Subcontractors The contractor shall be responsible for ensuring adherence to labor standards provisions by its subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its subcontractors in accordance with Labor Code Section 1775. 5.Payment to Employees Employees must be paid unconditionally, and not less often than once each week, the full amounts, that are due and payable for the period covered by the particular payday. Thus, an employer must establish a fixed workweek (Sunday through Saturday, for example) and an established payday (such as every Friday or the preceding day should such payday fall on a holiday). On each and every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. If an individual is called a subcontractor, whereas, in fact, he/she is merely a journey level mechanic supplying only his/her labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a trades worker. Moreover, any person who does not hold a valid contractor’s license cannot be a subcontractor, and anyone hired by that person is the worker or employee of the general contractor for purposes of prevailing wage requirements, certified payroll reporting and workers’ compensation laws. The worker’s rate for straight time hours must equal or exceed the rate specified in the contract by reference to the “Prevailing Wage Determinations” for the class of work actually performed. Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid the prevailing rate established for those days regardless of the fixed workweek where required by the Labor Code. The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be paid pursuant to the Prevailing Wage determination where required by the Labor Code. B. Apprentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered and approved by the State Division of Apprenticeship Standards. The allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the Department of Industrial Relations for the classification of the work he/she actually performed. Pre-apprentice trainees, trainees in non-apprenticeable crafts, and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Submit contract award information to the apprenticeship committee for each apprenticeable craft or trade in the area of the Project; 2. Request dispatch of apprentices from the applicable Apprenticeship Program(s) and employ apprentices on public works projects in a ratio to journeypersons which in no case shall be less than one (1) hour of apprentice work to each five (5) hours of journeyperson work; and 5 3. Contribute to the applicable Apprenticeship Program(s) or the California Apprenticeship Council in the amount identified in the prevailing wage rate publication for journeypersons and apprentices. If payments are not made to an Apprenticeship Program, they shall be made to the California Apprenticeship Council, Post Office Box 420603, San Francisco, CA 94142. 4. Pay properly registered apprentices no less than the prevailing apprentice rate. 6.Pay the regular prevailing wage rate (i) to any worker who is not a duly registered apprentice and (ii) for all hours in excess of the maximum ration permitted under Labor Code Section 1777.5(g), as determined at the conclusion of the employing contractor or subcontractor’s work on the public works contract. If the contractor is registered to train apprentices, it shall furnish written evidence of the registration (i.e., Apprenticeship Agreement or Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the wage rates required to be paid thereunder for the area of construction, prior to using any apprentices in the contract work. It should be noted that a prior approval for a separate project does not confirm approval to train on any project. The contractor/subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. The City will inform contractors and subcontractors bidding public works projects about apprenticeship requirements, send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code; and refer complains and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. The Labor Compliance Program shall be responsible for enforcing prevailing wage requirements for apprentices consistent with the practice of the Labor Commissioner. C.Audit of Certified Payroll Records An Audit, as defined in the California Code of Regulations, shall be prepared by the Labor Compliance Program whenever the Labor Compliance Program has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An “Audit” for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid workers, and including any penalties to be assessed under Labor Code Section 1775 and 1813, as determined by the Labor Compliance Program after consideration of the best information available as to the actual hours worked, amounts paid, and classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. An Audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An Audit using the forms in Attachment B, when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. 6 After the Labor Compliance Program has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these Labor Compliance Program regulations. The contractor and affected subcontractor shall be provided at least 10 days following such notification to submit exculpatory information consistent with the “good faith mistake” factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If, based upon the contractor’s submission, the Labor Compliance Program reasonable concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations, the Labor Compliance Program shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the Labor Compliance Program. D.Complaints Upon receipt of a written complaint alleging that a contractor or subcontractor has failed to pay prevailing wages as required by the Labor Code, the LCP shall do all of the following: 1. Within 15 days after receipt of the complaint, send a written acknowledgment to the complaining party that the complaint has been received and identifying the name, address, and telephone number of the investigator assigned to the complaint; 2. Within 15 days after receipt of the complaint, provide the affected contractor with the notice required under Labor Code section 1775(c) if the complaint is against a subcontractor; 3 Notify the complaining party in writing of the resolution of the complaint within ten days after the complaint has been resolved by the LCP; 4. Notify the complaining party in writing at least once every 30 days of the status of a complaint that has not been resolved by the LCP; and 5. Notify the complaining party in writing at least once every 90 days of the status of a complaint that has been resolved by the LCP but remains under review or in litigation before another entity. E.Review of Certified Payroll Records Payroll records furnished by contractors and subcontractors in accordance with section 16421(a)(3) of the California Code of Regulations, and in a format prescribed at section 16401 of Title 8 of the California Code of Regulations, shall be reviewed by the Labor Compliance Program as promptly as practicable after receipt thereof, but in no event more than 30 days after such receipt. “Review” for this purposed shall be defined as inspection of the records furnished to determine if (1) all appropriate data elements identified in Labor Code Section 1776(a) have been reported; (2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b); and (3) the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described in subpart (f) below. F.Confirmation of Payroll Records “Confirmation” of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third party recipients of “Employer Payments” (as defined at section 16000 of Title 8 of the California Code of Regulations, or any other reasonable method of corroboration. For each month in which a contractor or subcontractor reports having workers employed on the public work, confirmation of furnished payroll records shall be undertaken randomly for at least one worker for at least one weekly period within that month. Confirmation shall also be 7 undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the Labor Compliance Program that payroll records furnished by a contractor or subcontractor are inaccurate. G.Written Summary of Labor Compliance Activities For each public work project subject to a Labor Compliance Program’s enforcement of prevailing wage requirements, a separate, written summary of labor compliance activities and relevant facts pertaining to that particular project shall be maintained. This summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner. Attachment H “Suggested Single Project Labor Compliance Review and Enforcement Report Form” is the suggested format. SECTION V REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER If an investigation reveals that a willful violation of the Labor Code has occurred, the LCO will make a written report to the Labor Commissioner which shall include: (1) an audit consisting of a comparison of payroll records to the best available information as to the actual hours worked, (2) the classification of workers employed on the public works contract. Six (6) types of willful violations are reported: A.Failure to Comply with Prevailing Wage Rate Requirements Failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and City contracts) is determined a willful violation whenever less than the stipulated basic hourly rate is paid to tradesworkers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than stipulated. B.Falsification of Payroll Records, Misclassification of Work, and/or Failure to Accurately Report Hours of Work Falsification of payroll records and failure to accurately report hours of work is characterized by deliberate underreporting of hours of work; underreporting the headcount; stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly misclassifying the work performed by the worker; and any other deliberate and/or willful act which results in the falsification or inaccurate reporting of payroll records. C.Failure to Submit Certified Payroll Records The contractors and subcontractors shall have ten (10) days uponnotification 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. 8 F.For the taking of Kickbacks Accepting or extracting kickbacks from employee wages under Labor Code Section 1778 constitutes a felony and may be prosecuted by the appropriate enforcement agency. SECTION VI ENFORCEMENT ACTION A. Duty of the Awarding Body The City of Santa Clarita, as the awarding body having an approved LCP, has a duty to the Director of the Department of Industrial Relations to enforce Labor Code Section 1720 et seq. and the procedural regulations of the Department of Industrial Relations in a manner consistent with the practice of the Labor Commissioner and DLSE and regulations found at Title 8, California Code Regulations, Section 16000 et seq. B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate 1.“Withhold” means to cease payments by the awarding body, its agents or others who pay on its behalf to the contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. 2.“Contracts” except as otherwise provided by agreement, means only contracts under a single master contract, or contracts entered into as stages of a single project which may be the subject of withholding; 3.“Delinquent payroll records” means those not submitted on the basis set forth in the City Contract; 4.“Inadequate payroll records” are any one of the following: a. A record lacking the information required by Labor Code Section 1776; b. A record which contains all of the required information but is not certified, or is certified by someone not an agent of the contractor or subcontractor; c.A record remaining uncorrected for one payroll period, after the awarding body has given the contractor notice of inaccuracies detected by audit or record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of the entire certified weekly payroll in dollar value and do not affect more than half the persons listed as workers employed on that certified weekly payroll, as defined in Labor Code Section 1776 and Title 8 CCR Section 16401. Prompt correction will stop anyduty to withhold if such inaccuracies are de minimus. The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The LCP shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Compliance Program has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. 9 When contract payments are held under this section, the Labor Compliance Program shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance Program has exceeded its authority under this section. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436 of these regulations. C. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment or Other Violation Has Occurred 1.”Withhold and “contracts” have the same meaning set forth in sections 16435(a) and 16435(b) of the California Code of Regulations. 2.Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its right Under Labor Code Section 1720. 3.“Amount equal to the underpayment” is the total of the following determined by payroll review, audit, or admission of contractor or subcontractor: a.The difference between the amounts paid to workers and the correct General Prevailing Wage Rate of Per Diem Wages as defined in Labor Code Section 1773, and determined to be the prevailing rate due workers in such craft, classification or trade in which they were employed and the amounts paid; b.The difference between the amounts paid on behalf of workers and the correct amounts of Employer Payments, as defined in Labor Code Section 1773.1 and determined to be part of the prevailing rate costs of contractors due for employment of workers in such craft, classification, or trade in which they were employed and the amounts paid; c.Estimated amounts of “illegal taking of wages”; and d.Amounts of apprenticeship training contributions paid to neither the program sponsor’s trainingtrust nor the California Apprenticeship Council; e.Estimated penalties under Labor Code Sections 1775, 1776 and 1813. 4.The withholding of contract payments, when after investigation, it is established that underpayment or other violations have occurred requires the prior approval of the Labor Commissioner under sections 16436 and 16437 of the California Code of Regulations. 10 2. Provisions relating to the penalties under Labor Code Sections 1775, and 1813: a. Pursuant to Labor Code Section 1775, the contractor shall, as a penalty to the City, forfeit up to two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wages. b. Pursuant to Labor Code Section 1813, the contractor shall, as a penalty to the City on whose behalf the contract is awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without payment of 1 ½ times the rate of pay. D. Forfeitures Requiring Approval by the Labor Commissioner 1. For purposes of this section,“Forfeitures” means the amounts of wages, penalties, and forfeitures assessed by the Labor Compliance Program and proposed to be withheld pursuant to Labor Code Section 1771.6(a), and includes the following: (1) the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate by the contractor or subcontractor; and (2) penalties assessed under Labor Code Sections 1775, 1776 and 1813. 2. If the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1,000.00, the forfeitures shall be deemed approved by the Labor Commissioner upon service and the Labor Commissioner’s receipt of copies of the following: (1) The Notice of Withholding of Contract Payments authorized by Labor Code Section 1771.6(a); (2) an Audit as defined in section 16432(e) of the California Code of Regulations; and (3) a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation, the basis of the underpayment, and the factors considered in determining the assessment of penalties, if any, under Labor Code Section 1775. 3. For all other forfeitures, approval by the Labor Commissioner shall be requested and obtained in accordance with Section 16437 of the California Code of Regulations (subsection E) E. Determination of Amount of Forfeiture by the Labor Commissioner 1.Where the LCO requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains at least the information specified in subparts (1) through (9) below: a. Whether the public work has been accepted by the awarding body and whether a valid notice of completion has been filed, the dates if any of those events occurred, and the amount of funds being held in retention by the Awarding Body; b. Any other deadline which, if missed, would impede collection; c. Evidence of violation, in narrative form; d. Evidence of violation obtained under section 16432 of the California Code of Regulations and a copy of the Audit prepared in accordance with section 16432(e) of the California Code of Regulations setting forth the amounts of unpaid wages and applicable penalties; e. Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor and subcontractor were given the opportunity to explain why there was no violation; or that 11 any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor’s attention, and (B), the contractor and subcontractor either did not do so or failed to convince the Labor Compliance Program of its position; f. Where the City seeks not only amounts of wages but also a penalty as part of the forfeiture, and the contractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor’s attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount, pursuant to Labor Code Section 1775(a); g. Where the City seeks only wages or a penalty less than $200 per calendar day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor’s attention, the file should include the evidence as to the contractor or subcontractor’s knowledge of its obligation, including the Program’s communication to the contractor or subcontractor of the obligation in the bid invitations, at the pre-job conference agenda and records, and any other notice given as part of the contracting process. Included with the file should be a statement similar to that described in subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section 1775(a); h.The previous record of the contractor and subcontractor in meeting their prevailing wage obligations; and i.Whether the Labor Compliance Program has been granted approval on only an interim or temporary basis under section 16425 and 16426 of the California Code of Regulations or whether it has been granted extended approval. 2. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741. 3. A copy of the recommended forfeiture and the file of report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner. The Labor Compliance Program may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those are clearly referenced in the file of report. The City may exclude from the documents served on the contractor/subcontractor or surety copies of documents secured from these parties during an audit, investigation, or meeting if those documents are clearly referenced in the file or report. 4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. 5. The determination of the forfeiture by the Labor Commissioner is effective on the following date: For all Programs other than those having extended authority under section 16427 of the California Code of Regulations, on the date Labor Commissioner serves by first class mail on the City of Santa Clarita , on the contractor and on the subcontractor, if any an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner’s approval, modification 12 or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture. F. Deposits of Penalties and Forfeitures Withheld 1. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture, or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the City shall deposit penalties and forfeitures into its General Fund. 2. Where collection of fines, penalties, or forfeitures results from court action to which the Labor Commissioner and the City of Santa Clarita are both parties, the fines, penalties, or forfeitures shall be divided between the General Funds of the State and the City of Santa Clarita, as the court may decide. 3. All amounts recovered by suit brought by the Labor Commissioner, and to which the City of Santa Clarita is not a party, shallbe deposited in the General Fund of the State of California. 4.All wages and benefits which belong to a worker and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of court action pursuant to Labor Code Section 1775, and which have not been paid to the worker or irrevocably committed on the worker’s behalf to a benefits fund, shall be deposited with the Labor Commissioner, who will deal with such wages and benefits in accordance with Labor Code Section 96.7. G. Debarment Policy 1.It is the policy of the City that the public works prevailing wage requirements set forth in the California Labor Code, Section 1720-1861, 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 mitigatingand/or aggravating factors, which may be presented at the hearing conducted by the Labor Commissioner for such purpose. SECTION VII NOTICE OF WITHHOLDING AND REVIEW THEREOF A. Notice of Withholding of Contract Payments After determination of the amount of forfeiture by the Labor Commissioner, the City shall provide notice of withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The awarding body shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. A copy of the Notice of Withholding of Contract Payments (NWCP) to be utilized by the City is found as Attachment D to this document. 13 B. Review of NWCP 1. An affected contractor or subcontractor may obtain review of a NWCP under this chapter by transmitting a written request to the office of the Labor Compliance Officer (“LCO”) that appears on the NCWP within 60 days after service of the NWCP. If no hearing is requested within 60 days after service of the NWCP, the NWCP shall become final. 2. Within ten days following the receipt of the request for review, the LCO shall transmit to the Office of the Director-Legal Unit the request for review and copies of the Notice of Withholding of Contract Payments, any audit summary that accompanied the notice, and a proof of service or other documents showing the name and address of any bonding company or surety that secures the payment of the wages covered by the notice. A copy of the required Notice of Transmittal to be utilized by the City is found as Attachment E to this document. 3.The City may be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code Section 1742(b) and sections 17201-17270 of Title 8 of the California Code of Regulations. 4. Upon receipt of a timely request, a hearing shall be commenced within 90 days before the director, who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The appointed hearing officer shall be an employee of the department, but shall not be an employee of the Division of Labor Standards Enforcement. The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the LCO at the hearing within 20 days of the receipt of the written request for a hearing. Any evidence obtained by the LCO subsequent to the 20-day cutoff shall be promptly disclosed to the contractor or subcontractor. A copy of a Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) form is found as Attachment F to this document. The contractor or subcontractor shall have the burden of proving that the basis for the NWCP is incorrect. The NWCP shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing. Within 45 days of the conclusion of the hearing, the director shall issue a written decision affirming, modifying, or dismissing the assessment. The decision of the director shall consist of a notice of findings, findings, and an order. This decision shall be served on all parties pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the LCO. Within 15 days of the issuance of the decision, the director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. The director has adopted regulations setting forth procedures for hearings under this subdivision. The regulations are found as Attachment G to this document. 5.An affected contractor or subcontractor may obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. 6.A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has 14 property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. 7.A judgment entered pursuant to this procedure shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes. The clerk shall not charge for the service performed by him or her pursuant to this section. 8.This procedure shall provide the exclusive method for review of a NWCP by the City to withhold contract payments pursuant to Labor Code Section 1771.7. C. Settlement Authority 1.If a contractor or subcontractor seeks review of a Labor Compliance Program enforcement action, the Labor Commissioner may intervene to represent the City, or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both. 2.Except in cases where the Labor Commissioner has intervened pursuant to subpart (1) above, the Labor Compliance Program shall have the authority to prosecute, settle, or seek the dismissal of an Notice of Withholding of Contract Payments issued pursuant to Labor Code Section 1771.6 and any review proceeding under Labor Code Section 1742, without any further need for approval by the Labor Commissioner. Whenever a Labor Compliance Program settles in whole or in part or seeks and obtains the dismissal of a Notice of Withholding of Contract Payments or a review proceeding under Labor Code Section 1742, the Labor Compliance Program shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. SECTION VIII PRIORITY DISTRIBUTION OF FORFEITED SUMS 1. Before making payments to the contractor of money due under a contract for public work, the City shall withhold and retain therefrom all amounts required to satisfy the NWCP. The amounts required to satisfy the NWCP shall not be disbursed by the City until receipt of a final order that is no longer subject to judicial review. 2.Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the City shall not disburse any contract payments withheld. 3.From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers employed on the public works project who are paid less than the prevailing wage rate shall have PRIORITY over all Stop Notices filed against the prime contractor. 4.Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Fund and held in trust for the workers pursuant to Labor Code Section 96.7. Penalties shall be paid into the General Fund of the City that has enforced this chapter pursuant to Labor Code Section 1771.7. 15 SECTION IX OUTREACH ACTIVITIES To ensure the successful implementation of the City’s Labor Compliance Program, there shall be several outreach activities initiated and maintained. A. Providing Information to the Public The Labor Compliance Officer shall be responsible for communication and outreach activities relative to public information on the City’s Labor Compliance Program: 1.Regular presentations to contractors at all City Job Walk Meetings (Pre-Bid conferences) and Job Start Meetings (Pre-Job conferences); 2.Ongoing communication via correspondence and with workers at the City’s job sites when review of the certified payroll records reveals the possibility of prevailing wage violations. 3.Periodic meetings with contractor organizations, prime contractors and subcontractors interested in public works contracting with the City. B. In-service Management training on the Labor Compliance Program The Labor Compliance Program shall provide ongoing management in-servicing and workshops for Facilities, Business, Accounting and legal staff relative to the terms, requirements and administration of the Labor Compliance Program. SECTION X ANNUAL REPORTS A. Annual Report on Prevailing Wage Monitoring to the City Council The Labor Compliance Program Officer shall submit to the Director an annual report on its operation within 60 days after the close of its annual reporting period. For purposes of this section, the annual reporting period shall be deemed to commence on July 1 and shall conclude on June 30 of the fiscal year. Annual Reports are due to the Department of Industrial Relations by no later than August 31 and shall be completed form LCP-AR2. Information in the Annual Report shall be reported in sufficient detail to afford a on basis for evaluation the scope and level of enforcement activity of the Labor Compliance Program. An annual report shall also include such additional information as the Labor Compliance Program may be required to report as a condition of its approval. 16 ATTACHMENT A CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM CHECKLIST OF LABOR LAW REQUIREMENTS FOR REVIEW AT JOB START MEETINGS The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following: 1. Payment of Prevailing Wage Rates The contractor’s duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; 2. Apprentices The contractor’s duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); 3. Penalties The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1771.1 1777.7 and 1813;. 4. Certified Payroll Records The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section1776, 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 • 20 21 22 ATTACHMENT C Labor Compliance Program Regulations (referred to as Appendix D) REQUEST FOR APPROVAL OF FORFEITURE -- Suggested format 1.CITY OF SANTA CLARITA LCP: Name and Contact Information: Date of Request: Name and Contact Information for Awarding Body if different from LCP Approval Status (specify if either LCP:interim or temporary or if LCP has extended authority): 2. PROJECT INFORMATION: Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3. CONTRACTOR INFORMATION: Name and address of Affected Contractor: Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 23 4.LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Due: Total Penalties Due: Potential Liquidated Damages \[Wages + Training Funds\]: LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other: Due: \[Provide narrative summaries covering the following\]: A.Statement of Issues. B.Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc.). C.Audit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations; summary of their response with respect to violations and penalty issues; and any other information considered in determining recommended penalties). E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s). ATTACHMENTS 1.Audit Summary (Appendix B) st 2.1 Bid Advertisement Publication 3.Notice of Completion 4.Scope of Work 5.Complaint form(s) and Declarations, if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. 24 ATTACHMENT D-1 \[Name and Contact Information for person issuing Notice\] Date: Case or Contract No.: NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body: Work performed in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code §1771.5(b)(5) and 8 CCR §16435, contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: The following payroll records are delinquent (specify weeks and due dates): The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR §16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information, including appeal rights. Labor Compliance Officer 25 Prime Contractor Obligations: If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor’s payroll records, you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review – Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code §1742. The only issue in any such review proceeding is whether the specified payroll records are in fact delinquent or inadequate within the meaning of 8 CCR §16435 or whether the Labor Compliance Program has exceeded its authority under 8 CCR §16435.To obtain an expedited hearing, a written request must be transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations, as follows: \[Name of Labor Compliance Officer, address, and fax number\] Office of the Director – Legal Unit Attention: Lead Hearing Officer Expedited Hearing Request Fax to: (415) 703-4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment. The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. Important Additional Information: This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of liability for wages or penalties under Labor Code §§1775 and 1776 or any other statute. Contract payments cannot continue to be withheld pursuant to this notice, once the required records have been produced. However, the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if, upon investigation, a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and may also have additional rights or remedies under the public works contract. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 26 ATTACHMENT D-2 Labor Compliance Program _________________________________ _________________________________ _________________________________ (SEAL ) _________________________________ Phone: Fax: In Reply Refer to Case No.: Date: Notice of Withholding of Contract Payments Awarding Body Work Performed in County of Project Name Project No. Prime Contractor Subcontractor After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above- named public works project, the Labor Compliance Program for _______________ _______________________ (A Labor Compliance Program) has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance with Labor Code Sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ The Labor Compliance Program has determined that the total amount of wages due is: $___________________ The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code Sections 1775 and 1813 is: $__________________ The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code Section 1776 is: $__________________ LABOR COMPLIANCE PROGRAM _____________________________________ By:__________________________________ 27 Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code Sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program _________________________________________ Review Office-Notice of Withholding of Contract Payments _________________________________________ _________________________________________ ARequest for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code Section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code Section 1743. In accordance with Labor Code Section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) 28 Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1 (b), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding the notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to ______________________ at the following address: _________________________________________ _________________________________________ _________________________________________ Liquidated Damages In accordance with Labor Code Section 1742.1, after 60 days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If the notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages. Notwithstanding the above, in accordance with Labor Code 1742.1 (b), there shall be no liability for liquidated damages if the full amount found due in this Notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of this Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. In lieu of a cash deposit, the contractor may post an undertaking with the Department in full amount of the Notice of Withholding of Contract Payments. The undertaking shall be on the condition that, if any decision is issued by the Director upholding this Notice in any respect, the contractor shall pay the amount owed pursuant to a decision that is final under Labor Code Section 1742, unless the parties have executed a settlement agreement for the payment of some other amount, in which case the contractor shall pay the amount that the contractor is obligated to pay under the terms of the settlement agreement. The undertaking must provide that if the contractor fails to pay the amount owed within 10 days of the date the decision is final or the execution of the settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount exceeds the undertaking is forfeited to the Labor Commissioner for the State of California for the purpose of satisfying the amounts owed under this Notice. A payment bond obtained by a contractor for the public works project which is the subject to this Notice shall not be accepted as an undertaking unless the following two conditions are completely satisfied: (1) the payment bond provides the payment of the full amount of this Notice, including but not limited to, all wages, training, trust contributions, and penalties, and (2) the conditions of payment set forth above are expressly agreed to by the affected contractor(s) and the surety which issued the payment bond. The undertaking should be forwarded to the Department as directed below. The Department’s Accounting Office will hold the undertaking until the administrative and judicial review is completed. The disbursement of the bond funds will follow the same process as described above for a cash deposit. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Notice of Withhold Contract Payments and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 29 The Amount of Liquidated Damages Available Under this Notice is $_______________. Distribution: Attach: Prime Contractor Audit Summary Subcontractor Proof of Service Surety(s) on Bond 30 ATTACHMENT E LABOR COMPLIANCE PROGRAM ________________________________ Review Office - Notice of Withholding of Contract Payments (SEAL ) _________________________________ _________________________________ _________________________________ Phone: Fax: In Reply Refer to Case No.: Date: Notice of Transmittal To: Department of Industrial Relations Office of the Director-Legal Unit Attention: Lead Hearing Officer P. O. Box 420603 San Francisco, CA 94142-0603 Enclosed herewith please find a Request for Review, dated __________________, postmarked ___________________, and received by this office on ____________________. Also enclosed please find the following: ____ Copy of Notice of Withholding of Contract Payments ____ Copy of Audit Summary LABOR COMPLIANCE PROGRAM ________________________________ By:_____________________________ cc: Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations Sections 17201-17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with Section 11500. 31 ATTACHMENT F LABOR COMPLIANCE PROGRAM ________________________________ Review Office - Notice of Withholding of Contract Payments (SEAL ) _________________________________ _________________________________ _________________________________ Phone: Fax: In Reply Refer to Case No.: Date: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To: Prime Contractor __________________________ __________________________ __________________________ Subcontractor __________________________ __________________________ __________________________ Please be advised that this office has received your Request for Review, dated _____________, and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. _____________. In accordance with Labor Code Section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said party's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code Section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. 32 In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Attention:________________________ 33 Request to Review Evidence To: ______________________________ ______________________________ ______________________________ ______________________________ From:______________________________ ______________________________ ______________________________ ______________________________ Regarding Notice of Withholding of Contract Payments Dated ____________ Our Case No.: _________________ The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. ________________________________ Phone No.:_______________________ Fax No.:_________________________ 34 ATTACHMENT G PREVAILING WAGE HEARING REGULATIONS SEE CALIFORNIA CODE OF REGULATIONS TITLE 8, CHAPTER 8, SUBCHAPTER 6 (SECTIONS 17201 through 17270) 35 ATTACHMENT H 36 37 38 Section III CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Implementation Plan 39 Section III IMPLEMENTATION PLAN Labor Compliance Officer or designee receives construction contract awards/work schedules from the Parks, Recreation and Community Services, Field Services and Engineering Departments. Labor Compliance Officer prepares and electronically issues project specific DAS 13/PW-100 form to the Department of Industrial Relations Labor Compliance Officer or designee participates in job-start meeting. Labor Compliance Officer provides site monitors with work schedules. Site monitors, both City employees and others, conduct interviews and return interview sheets to Labor Compliance Officer. Labor Compliance Officer or designee enters information from interviews into database. Labor Compliance Officer or designee verifies information from certified payroll records. Labor Compliance Officer notifies contractor in writing of any discrepancies with certified payroll records. If clarification/correction is not received from the contractor within 10 days, Labor Compliance Officer will commence an investigation. Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. Labor Compliance Officer prepares and submits public works violation reports to Labor Commissioner as required. Labor Compliance Officer communicates on a regular basis with contractors, workers, building and trade organizations, and other community entities and in-service management to City personnel. Labor Compliance Officer prepares and submits annual program reports to the Santa Clarita City Council, and the Director of the Department of Industrial Relations. Labor Compliance Officer manages all facets and is the primary contact for the City’s Labor Compliance Program. Labor Compliance Officer provides non-City site monitors with site visitation training and assigns projects when applicable. 40 Section IV CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Operational Manual 41 SECTION IV OPERATION MANUAL Site Visitations Representatives of the Labor Compliance Program shall conduct in-person inspections at the site or sites at which the contract for public work is being performed (“On-Site Visits”). On-Site Visits may be undertaken randomly or as deemed necessary by the Labor Compliance Program, but shall be undertaken during each week that workers are present at sites at which the contract for public work is being performed. All On-Site Visits shall include visual inspection of (1) the copy of the determinations of the Director of Industrial Relations of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2, and (2) the Notice of Labor Compliance Program Approval required to be posted at the job site in accordance with Section 16429 of the of the California Code of Regulations, listing a telephone number to call for inquiries, questions, or assistance with regard to the Labor Compliance Program. On-Site Visits may include other activities deemed necessary by the Labor Compliance Program to independently corroborate prevailing wage payments reported on payroll records furnished by contractors and subcontractors. 1.Safety is the paramount factor for any site visit to any City of Santa Clarita construction projects. Do not enter any area that appears unsafe. Site monitor is expected to exercise reasonable caution at all times. 2.All authorized personnel visiting any City of Santa Clarita construction site are required to be properly identified as a City representative by wearing visible picture ID’s (badge), or identifying themselves as such. Additionally, all authorized personnel are required to wear hard hats and safety shoes. 3.Authorized personnel shall visit all sites on a non-interference basis and take a minimum amount of the workers’ time for interview purposes. 4.Upon arrival at a site, the site monitor will check in at the site superintendent’s (contractor’s) trailer prior to any interviewing. In the event there is not a construction trailer, you will check in at the site’s administrative office. Identify yourself and state the purpose of the visit. Sign in if required to do so. If the site superintendent cites some reason that denies access to the site, promptly and politely remove yourself. Make a note of this occurrence and include in your report to the LCO. 5.Check to see that the following are displayed in the contractor’s trailer: Prevailing wage Determinations are posted Notice of Labor Compliance Program Approval Sign-in Log Listing of subcontractors on site If any of these items are not readily visible, remind the contractor that these postings are part of the contractual requirements. On subsequent visits, make sure that these items are posted, or the contractor will be found to be in noncompliance. 6.There will be times when the site superintendent is somewhere on the site and/or there is no contractor present in the trailer. You should check in at the City’s Inspector of Record (IOR) trailer. The IOR will also be able to tell you which contractors are on the site at that time. If all trailers are empty or locked, try to locate the site superintendent or IOR on the site prior to commencing interviewing. 42 Interviewing 1.Once you have checked in with the site superintendent and obtain access to the site, try to locate tradespersons working in clusters. For instance, several painters, electricians, roofers, etc. working in one area. Approach the workers individually in a non-threatening, professional manner. Identify yourself, indicate that you are City’s representative, and that you need only a few seconds of their time to ask some very generic questions to ensure that they are receiving the proper rate of pay for the type of work they are doing. Again, do not endanger yours or any tradesperson’s safety in conducting these interviews. Do not insist that someone on a scaffold 40 feet in the air come down for an interview. Do not ask anyone to form a line until you can get to them; allow them to continue working until you can get to them individually. These interviews are random; two or three tradespersons for each subcontractor are more than sufficient for one visit. Any persons missed are usually picked up on the next visit. If only one tradesperson is at the site, then interview that person if possible. If you are told that the rest of the crew will be there in an hour, do not wait, unless your total site interviewing will take that length of time. Thirty minutes of interviewing per site is typically sufficient, depending upon the site size and/or number of subcontractors present. Contractor tradesperson should also be interviewed. 2.Using the Labor Compliance Site Visitation Interview form, ask each person the following: name, social security number, employer, title (trade), rate of pay, and task being performed at the time of interview. 3.Should someone decline to speak with you, respect those wishes. If someone asks if this is union-related, tell them no. The City of Santa Clarita works with both open and closed shop trades. 4.If you try to interview someone who does not speak English and you cannot communicate in the appropriate language, try to locate a coworker who can interpret for you. If you find an entire crew unable to speak English and no interpreter, include this in your report to the LCO. 5.If someone refuses to disclose his social security number to you, respect those wishes. However, assure that person that all information given is kept strictly confidential. 6.If someone does not know their rate of pay (most tradespersons don’t know), ask for a guesstimate. If the response is, “whatever prevailing wage is”, so indicate on the form. 7.If someone indicates that he is an apprentice, make sure that you ask him what period. These can be anywhere from stth 1 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 findings to the LCO. Reporting 1.All original interview forms shall be submitted to the LCO no later than the end of each workweek. 43 Section V CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Procedures 44 SECTION V PROCEDURES Certified Payroll Verification Procedures 1.The Parks, Recreation and Community Services, Field Services and Engineering Departments will provide the Labor Compliance Officer with construction work schedules. 2.Upon receipt of weekly certified payroll reports from general/subcontractors, compare information from the Labor Compliance visitation log to the contractors certified payroll and the prevailing wage schedule. 3.Compare name and social security number with trade classification listed. 4.Ensure prevailing wage listed is correct for the classification listed using the prevailing wage schedule 5.Check for employment of apprentices, correct rate of pay, and proper ratio to journey workers. 6.Contact the contractor in writing and send by certified mail any inaccuracies in the verification of its certified payroll. 7.If clarification/correction is not received within ten (10) days from the contractor, the Labor Compliance Officer will commence an investigation. 8.Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. 9.Retain all original interview forms and annotate the database as applicable. Site Monitor Procedures 1.Receive construction site work schedule from Labor Compliance Officer. 2.Check in with site administrative office/site superintendent 3.Utilizing the Labor Compliance Site Visitation Interview form, conduct interviews with workers. 4.Note on your form any infractions you may observe while conducting the interview. 5.Return interview form to the Labor Compliance Officer. 6.Report any infractions you observed to the Labor Compliance Officer. 45 Section VI CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Forms 46 47 Department of Industrial Relations P.O. Bo 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing TRAINING FUND CONTRIBUTIONS the occupations for the jobsite. One check, payable to the California Apprenticeship Council, may be submitted for all jobsites and/or occupations. California Apprenticeship Training fund contributions are not accepted by the Council California Apprentice Council for federal public works projects, or for non-apprenticable occupations such as laborers, utility technicians, teamsters, etc. 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 Classification(s) or Workers (Carpenter, Plumber, Electrician, Etc.)Hours Cont. RateAmount per Hour Signature Date Title Area Code & Telephone Number CAC 2 48 CITY OF SANTA CLARITA CONTRACTOR FRINGE BENEFIT STATEMENT Contract Number / Name: Contract Location: Today's Date: Contractor / Subcontractor Name: Business Address: In 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 foremployees on the various classes of work are tabulated below. Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: Pension $ PAID TO: Name: Address: Vacation/ $ PAID TO: Name: Holiday Address: Training $ PAID TO: Name: and/or Other Address: FRINGE BENEFITS Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: Pension $ PAID TO: Name: Address: Vacation/ $ PAID TO: Name: Holiday Address: Training $ PAID TO: Name: And/or Other Address: FRINGE BENEFITS Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: Pension $ PAID TO: Name: Address: Vacation/ $ PAID TO: Name: Holiday Address: Training $ PAID TO: Name: And/or Other Address: FRINGE BENEFITS 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 By: Name / Title 49 Total Total Total 70.42 12345 12346 DeductionsDeductionsDeductions 15.37 of 1 # 99-888-77 Other*Other*Other* .00 y 4 880.00 1725.004936.00 CheckCheckCheck SavingsSavingsSavings ... separately listed. ensation Polic SubsSubsSubs p Travel/Travel/Travel/ and/or payments whether or not included or 168.63409.58 Gross Amount Earned Gross Amount Earned This Project: All Projects: This Project: All Projects: This Project: All Projects: Gross Amount Earned DuesDuesDues y ue, full, and correct copies of the originals FundFundFund AdminAdminAdmin determinations must be RateofPayRateofPay Rate of Pa ividuals named. TrainingTrainingTraining es Paid for Week:es Paid for Week:es Paid for Week: ggg 1611.50 4012.00 Ca 92222 Contractor's License#: 00-111-2222 PensionPensionPension TotalHoursTotalHours Total Hours Net WaNet WaNet Wa S = Straight Time O = Overtime SDI = State Disability Insurance *Other = Any other deductions, contributions required by prevailing wage SSS OOO are the originals or tr Welfare WelfareWelfare Health & Health & Health & SSS for and on behalf of ABC Lighting , certify under SSS 8 FFF VacationVacationVacation /Holiday/Holiday/Holiday 8 THTHTH WWW (name of business and/or contractor) Day & Date SDISDISDI 1.29 3.36 1 TTT 8 . Page 1 1 Worker's Com 8888 Hours Worked Each Day MMM 0 TaxTaxTax 1.34 StateStateState (description, no. of pages) SecSecSec FICAFICAFICA 14.08 36.72 s Address: 123 Main Street Santa Clarita SocSocSoc 0 TaxTaxTax 29.00 EEKLYCERTIFIEDPAYROLLREPORTINGFORM FederalFederalFederal Work Classification Deductions, Contributions and PaymentsDeductions, Contributions and PaymentsDeductions, Contributions and Payments # of withholding exemptions submitted and consisting of Busines ual disbursements by way of cash, check, or whatever form to the individual or ind r S-4Fixture Cleaner Numbe y Social Securit Employee's Name, Address and Avenue th CITYOFSANTACLARITAPUBLICWORKSW Name of Contractor: ABC Lighting Company or Subcontractor: I, Mary Jones , the undersigned, am Payroll Clerk with the authority to act (Name -- print) (position of business) penalty of perjury that the records or copies thereof which depict the payroll record(s) of the actDate: 6/30/00 Signature: John Smith 444 5Santa Clarita CA 92111 444-55-6666 Juan Gomez M-3Fixture Cleaner 1212 Main Street Santa Clarita, CA 95555 555-66-9999 NO. CHECK (9) WEEK NET WGS PAID FOR st be completed , PROJECT OR CONTRACT NO. PROJECT AND LOCATION (8) or required by prevailing CERTIFICATION mu DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS Page of ADMIN SUBS UCTIONS ADMIN SUBS UCTIONS ADMIN SUBS UCTIONS ADMIN SUBS UCTIONS FED FICA STATE SDI VAC/ HEALTH PENSION TAX (SOC SEC) TAX HOL & WELF FED FICA STATE SDI VAC/ HEALTH PENSION TAX (SOC SEC) TAX HOL & WELF FED FICA STATE SDI VAC/ HEALTH PENSION TAX (SOC SEC) TAX HOL & WELF FED FICA STATE SDI VAC/ HEALTH PENSION TAX (SOC SEC) TAX HOL & WELF TRANING FUND DUES TRV/ SAVINGS OTHER* TOTAL DED- TRANING FUND DUES TRV/ SAVINGS OTHER* TOTAL DED- TRANING FUND DUES TRV/ SAVINGS OTHER* TOTAL DED- TRANING FUND DUES TRV/ SAVINGS OTHER* TOTAL DED- sted. Use extra sheet if necessary hority to act for and on behalf of (7) EARNED GROSS AMOUNT 1 SELF-INSURED CERTIFICATE # WORKERS' COMPENSATION POLICY # THIS ALL PROJECT PROJECTS THIS ALL PROJECT PROJECTS THIS ALL PROJECT PROJECTS THIS ALL PROJECT PROJECTS ns and/or payment whether or not included are the originals or true, full and correct copies of the originals which depict the payroll RATE OF PAY HOURLY ess) (name of business and/or contractor) HOURS S with the aut ay S PUBLIC WORKS PAYROLL REPORTING FORM h D F ac E ed TH rk Date consisting of o W W s r (4)Day ou T H M *OTHER - Any other deductions, contributio wage determinations must be separately li O OOO SS SS TOTAL k, or whatever form to the individual or individuals named. opies thereof submitted and more extensive form of certification. NAME OF CONTRACTOR CONTRACTORS LICENSE # ADDRESS OR SUB CONTRACTOR SPECIALTY LICENSE # PAYROLL NO. FOR WEEK ENDING WORK CLASSIFICATION EXEMPTIONS HOLDING NO.OFWITH- California (Reduced by City of Santa Clarita) Department of Industrial Relations SDI = State Disability Insurance (description, no. of pages) (Name - Print) (position with busin (1) (2) (3) (5) (6) OF EMPLOYEE NAME, ADDRESS AND I, , the undersigned, am SOCIAL SECURITY NUMBER Form A 1-131 (New 2-80) S = Straight Time (form has been reduced to fit page) O = Overtime certify under penalty of perjury that the records or crecord(s) of the actual disbursements by way of cash, checDate: Signature: A public entity may require a more strict and/or 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 a Sunday CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily Saturday (JOURNEYPERSON) Hourly and Holiday Hourly and Rate Welfare Rate 1 1/2X 1 1/2X Holiday ENGINEERING CONSTRUCTION Carpenter (Heavy and Highway work) $25.25 2.30 1.01 2.72 b .30 8 31.58 44.205 44.205 56.83 Light Commercial 20.40 2.30 1.01 2.72 b .30 8 26.73 36.93 36.93 47.13 Bridge Carpenter (Highway work) 25.38 2.30 1.01 2.72 b .30 8 31.71 44.40 44.40 57.09 Millwright 25.75 2.30 1.01 2.72 b .30 8 32.08 44.955 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 89.97 89.97 117.85 Diver, Standby 28.38 2.30 1.01 2.72 b .30 8 34.71 48.90 48.90 63.09 Diver’s Tender 27.38 2.30 1.01 2.72 b .30 8 33.71 47.40 47.40 61.09 __________________________________ DETERMINATION: SD-23-31-4-2000-1A ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: July 1, 2000** The rate to be 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 Santa Clarita County BUILDING CONSTRUCTION Carpenter $23.40 2.30 1.01 2.17 b .30 8 29.18 40.88 40.88 52.58 Light Commercial 18.72 2.30 1.01 2.17 b .30 8 24.50 33.86 33.86 43.22 __________________________________ DETERMINATION: SD-31-741-1-2000-1 ISSUE DATE: FEBRUARY 22, 2000 EXPIRATION DATE OF DETERMINATION: May 31, 2000* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Santa Clarita County. Employer Payments Straight-Time Overtime Hourly Rate Classification Basic Health Pension Vacation/ Training Hours Total Daily Saturday a Sunday (Journeyperson) Hourly and Holiday Hourly and Rate Welfare Rate 1 1/2X 1 1/2X Holiday Terrazzo Installer $29.55 2.30 1.01 1.72 b - 8 34.58 49.355 49.355 64.13 Terrazzo Finisher 23.05 2.30 1.01 1.72 b - 8 28.08 39.605 39.605 51.13 ______________________________________________________ a Saturday in the same workweek may be worked # Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. at straight-time rate for the first 8 hours if the employee was unable to complete the 40 hours during the normal workweek. b Includes supplemental dues. c Shall receive a minimum of 8 hours pay for any day or part thereof. d For specific rates over 50 ft. depth, contact the Division of Labor Statistics and Research. DESCRIPTION: Engineering Construction Refers to construction which requires a Class A license and includes bridges, highways, dams and also power plants and other heavy industrial type projects. Building Construction Requires a Class B license and includes non-residential buildings (such as hospitals, government buildings, public schools) and commercial buildings (with the exception of industrial buildings). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-4774. 2 CITY OF SANTA CLARITA LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA SITE NAME: DATE SITIO: FECHA: PROJECT NAME: CONTRACT #: Interior / Exterior (circle) CONTRACTOR: CONTRANTE: SUBCONTRACTOR: SUBCONTRATANTE Person Interviewed: Nombre de Persona Entrevistada S/S Number / / Numero de Seguro Social Position Title: Possion O Titulo del Entrevistado Task Being Performed at Time of This Interview: Clase de Labor Desenpenando al Tiempo de Entrevista Hourly Pay Rate: $ Salario Horario OBSERVATIONS: Site Inspector: Telephone Project Superintendent: Telephone Total number of workers observed on the visit: Type of work observed: Type of workers observed: Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Yes No Explain additional information received from the worker: Interview Conducted by: ified Payroll does not OFFICE COMMENTS LABOR COMPLIANCE check out check out with interview NON COMPLIANT COMPLIANT / PAY $34.19 Compliant Certified Payroll Records RATE INTERVIEW PERFORMED AT Plumbing orer Painting $10.40 Non Cert POSITION TITLETASK SECURITY # SITE VISITATION LOG oe 111-11-1111 Plumber Repairing EMPLOYEE NAMESOCIAL SUB CONTRACTOR PRIME CONTRACTOR DATE SITE VISIT Hoover 9/1/99 Baker Mills John DHoover 9/1/00 Baker Mills Mark Baker 222-22-2222 Lab CITY OF SANTA CLARITA July 21, 2000 Certified Mail Mr. John Doe ACME Painting 13414 Labor Street Los Angeles, CA 90605 Dear Mr. Doe: The City of Santa Clarita has identified your firm as the apparent low bidder for Contract #90-225 Portable Contract Moving Services and has scheduled board approval of a contract requiring your compliance with Division 2 Part 7 of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the certified weekly payroll to the LCO. The Labor Code requires, prior to the start of work, that a person qualified to certify documents for your firm attend a review meeting with the awarding body concerning the Labor Code prevailing wage laws. The LCO is formally requesting the appearance of the certifying person for the code review, the submittal of the required weekly certified payroll records or nonperformance reports, and the monthly submittal of employment utilization reports, all identified in the contract general conditions. This request is made pursuant to, and authorized by, California State Labor Code Section 1776(b) (2), which states, “A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations” and California Code of Regulations Section 16430 (a) (2). The goal of the LCO is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State’s Labor Code. Please call the City of Santa Clarita’s Labor Compliance Officer at (661) 286-4025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA July 27, 2000 Certified Mail Jane Doe ACME Flooring 8320 Camino Santa Fe Santa Clarita, CA 92121 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) 286-4025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA March 23, 2000 Certified Mail John Doe ACME Construction Co. 3170 Labor Street Vista, CA 92083-8318 Mr. Doe: The City of Santa Clarita’s Labor Compliance Officer is formally requesting copies of Certified Payroll Records and Monthly Utilization Reports for the modernization of Cubberly, Jones and Fletcher schools. We are requesting the records from the beginning of the project through project completion for your firm and all subcontractors. This request is made pursuant to, and authorized by, California State Labor Code Section 1776 (b) (2) and Section 1776 (g) (3) and the contract general conditions requiring weekly employee payments and weekly certified payroll submittals. Labor Code Section 1776 (b) (2) states: “A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.” Labor Code 1776 (g) (3) states: “The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.” Please forward all weekly Certified Payroll Records and Monthly Utilization Reports and state approved forms previously provided to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. Respectfully, Harry Corder Labor Compliance Officer Prime Contractor: Project: Original Request: 02/08/00 This Request: 02/08/00 1. Monthly Utilization Forms must be provided for: 2. Apprenticeship Training Agreement (similar to Form DAS 1) must be provided for: 3. Apprenticeship Training Agreement (similar to Form DAS 7) must be provided for: 4. Training Fund Contributions (Form CAC 2 or equivalent) must be provided for: 5. Public Works Contract Award Information (Form DAS 140) with the name, address and phone number of the training program notified by all project contractors must be provided for: 6. Fringe Benefits Statements must be provided for: 7. Signed certified Payroll report or statement of Non-Performance with original signatures must be provided for: contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package, which must be in the City’s Labor Compliance Officer within one week of each weekly paycheck. In the event there has been no work performed during a given week, the certified payroll record shall be annotated with the words “No Work” for that week. • 8. To determine the required hours for apprentices on this project we will need the contractor to Identify all sub-contractors who will perform work in involving less than $30,000 or who will be on the project less than 20 calendar days or both. 9. Either the Public Works Payroll Reporting Form (Form A-1-131) or the City of Santa Clarita reporting form must be used. CITY OF SANTA CLARITA March 1, 2000 Certified Mail Mr. Doe ACME Construction Co. 115 Market Place, Suite A Los Angeles, CA 92029-1353 Dear Mr. Doe: The City of Santa Clarita’s Labor Compliance Officer has formally requested copies of Certified Payroll Records and Monthly Utilization Reports for Bid Project Portable Contract 82 - Phase 2. We have reviewed your submittal and require additional information. This new request is made pursuant to, and authorized by, California State Labor Code Sections 1774, 1775, 1776, 1777.5, 1777.7, 1810, 1813 and 1815. Additionally, the contract general conditions require weekly certified payroll record submittals to the City of Santa Clarita’s Labor Compliance Officer and weekly payment of employee wages. Labor Code §1776 (b) (2) states: “A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.” Labor Code §1776 (g) states: “The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred ($100) for each calendar day, or portions thereof, for each worker, until strict compliance is effectuated.” Please correct and supply the data requested in the attachments and submit on approved forms to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. Respectfully, Harry Corder Labor Compliance Officer Enc. (2) CITY OF SANTA CLARITA Report of Action for Prevailing Wage Violations Name of Project: Contract Number: First Advertised Date: County Where Work Is Performed: Date Notice of Completion Filed: Date of Project Acceptance or Current Percent Complete: Name and Address of Prime Contractor: Project’s Scope of Work: Contractors in Violation of the Labor Code and their Scope of Work: Statement of the Issues Identified to the Contractor: Summary of the Audit Investigation: CPR Spread Sheets Labor Code Sections Violated: Summary of Penalty Assessment Justification: Identify Labor Code 1775 and 1813 Penalties Requested with Calculated Totals: Is the Violation Due to Mistake, Inadvertence or is it a Willful Failure to Pay the Correct Wages: Previous Record in Meeting Prevailing Wage Obligations: Identify and Provide All Correspondence: Identify and Provide Any Contractor Response: Recommend Penalty Assessment: eng-civi\\labor compliance program.doc SECTION – H CONSTRUCTION DEMOLITION MAINTENANCE 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 InformationContact Information Name:Name: Address:Phone: Permit:Email: Inerts (concrete, sand, dirt, clean fill, rock, gravel, etc.) MaterialRecycle? Reuse? What Est. Recycling Method/Franchised Hauler percentage?quantity (in tons) Total Other Construction and Demolition Materials (wood, metal, drywall, carpet, cardboard, etc.) MaterialRecycle? 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.) MaterialPer 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 _________________________________Date _________________ Deposit/Refund InformationCITY STAFF USE ONLY Name Address City: Valuation: StateZipDeposit: (Acct -102-2013.002)3% Cash ~ Check ~ CC ~ LOC Total Amount Due: Pre-construction survey: 1) Will materials be sorted on-site or mixed for Sorted on-site Co-mingled or mixed transportation to a diversion facility? 2) Do you employ any construction methods to reduce Yes (describe below) No the amount of waste generated on the project? Examples: salvage useful materials, advanced framing, etc. Post-construction checklist: *Both items must be completed prior to requesting the deposit refund. 1) Has the project received a final inspection with a City Building & Safety Inspector? 2) Have you collected all weight tickets or diversion reports to submit to the City? Disposing 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) 259-215524933 Railroad Avenue, Santa Clarita Blue Barrel/Waste Management(661) 259-239825772 Springbrook Avenue, Santa Clarita Burrtec Waste Industries(661) 222-224926000 Springbrook Avenue, Suite 101, Santa Clarita Consolidated Disposal Service(800) 299-489812949 Telegraph Road, Santa Fe Springs Recology Los Angeles (800) 633-99339189 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. *This form is used for refunds when the payee is NOT currently set up 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 SECTION – I FEDERAL PREVAILING WAGES Page 1of 27 General Decision Number: CA170033 12/22/2017 CA33 Superseded General Decision Number: CA20160033 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Los Angeles County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/27/2017 2 02/17/2017 3 03/10/2017 4 03/31/2017 5 05/12/2017 6 05/26/2017 7 06/02/2017 8 07/07/2017 9 07/14/2017 10 07/28/2017 11 08/04/2017 12 09/29/2017 13 10/13/2017 14 11/10/2017 15 12/22/2017 ASBE0005-002 07/03/2017 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 39.72 20.81 Fire Stop Technician https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 2of 27 (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 26.96 17.81 ---------------------------------------------------------------- ASBE0005-004 07/03/2017 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 19.26 11.27 ---------------------------------------------------------------- BOIL0092-003 10/01/2012 Rates Fringes BOILERMAKER......................$ 41.17 28.27 ---------------------------------------------------------------- * BRCA0004-007 05/01/2017 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 39.91 15.45 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 07/01/2017 Rates Fringes MARBLE FINISHER..................$ 30.93 12.95 TILE FINISHER....................$ 25.98 11.23 TILE LAYER.......................$ 37.76 16.37 ---------------------------------------------------------------- BRCA0018-010 09/01/2017 Rates Fringes TERRAZZO FINISHER................$ 30.53 12.27 TERRAZZO WORKER/SETTER...........$ 37.57 13.14 ---------------------------------------------------------------- CARP0409-001 07/01/2016 Rates Fringes CARPENTER https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 3of 27 (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 39.83 15.50 (2) Millwright..............$ 40.90 15.50 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)................$ 40.53 15.50 (4) Pneumatic Nailer, Power Stapler...............$ 40.09 15.50 (5) Sawfiler...............$ 39.83 15.50 (6) Scaffold Builder.......$ 31.60 15.50 (7) Table Power Saw Operator....................$ 40.93 15.50 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0409-002 07/01/2016 Rates Fringes Diver (1) Wet.....................$ 712.48 17.03 (2) Standby.................$ 356.24 17.03 (3) Tender..................$ 348.24 17.03 (4) Assistant Tender........$ 324.24 17.03 Amounts in "Rates' column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER....$ 40.40 15.03 STOCKER/SCRAPPER............$ 10.00 7.17 ---------------------------------------------------------------- CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer......$ 17.00 7.41 ---------------------------------------------------------------- ELEC0011-004 07/31/2017 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 4of 27 Journeyman Electrician......$ 42.85 3%+27.37 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician.................$ 42.90 3%+27.32 Technician..................$ 31.09 3%+27.32 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals,including electrical circuitry, programmable controllers, pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation, including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical,telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/data. ---------------------------------------------------------------- * ELEC0011-005 07/31/2017 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer...................$ 30.73 14.00 Technician..................$ 32.18 3%+27.32 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 5of 27 music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms-In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- * ELEC1245-001 06/01/2017 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 55.49 16.62 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 44.32 3%+17.65 (3) Groundman...............$ 33.89 3%+17.65 (4) Powderman...............$ 49.55 3%+17.65 https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 6of 27 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2017 Rates Fringes ELEVATOR MECHANIC................$ 52.21 31.585 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/01/2017 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 44.00 24.25 GROUP 2....................$ 44.78 24.25 GROUP 3....................$ 45.07 24.25 GROUP 4....................$ 46.56 24.25 GROUP 5....................$ 47.66 24.25 GROUP 6....................$ 46.78 24.25 GROUP 8....................$ 46.89 24.25 GROUP 9....................$ 47.99 24.25 GROUP 10....................$ 48.01 24.25 GROUP 11....................$ 48.11 24.25 GROUP 12....................$ 47.18 24.25 GROUP 13....................$ 47.28 24.25 GROUP 14....................$ 47.31 24.25 GROUP 15....................$ 47.39 24.25 GROUP 16....................$ 47.51 24.25 GROUP 17....................$ 47.68 24.25 GROUP 18....................$ 47.78 24.25 GROUP 19....................$ 47.89 24.25 GROUP 20....................$ 48.01 24.25 GROUP 21....................$ 48.18 24.25 GROUP 22....................$ 48.28 24.25 GROUP 23....................$ 48.39 24.25 GROUP 24....................$ 48.51 24.25 GROUP 25....................$ 48.68 24.25 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 45.35 24.25 GROUP 2....................$ 46.13 24.25 GROUP 3....................$ 46.42 24.25 GROUP 4....................$ 46.56 24.25 GROUP 5....................$ 46.78 24.25 GROUP 6....................$ 46.89 24.25 https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 7of 27 GROUP 7....................$ 47.01 24.25 GROUP 8....................$ 47.18 24.25 GROUP 9....................$ 47.35 24.25 GROUP 10....................$ 48.35 24.25 GROUP 11....................$ 49.35 24.25 GROUP 12....................$ 50.35 24.25 GROUP 13....................$ 51.35 24.25 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 41.80 23.35 GROUP 2....................$ 42.58 23.35 GROUP 3....................$ 42.87 23.35 GROUP 4....................$ 43.01 23.35 GROUP 5....................$ 43.23 23.35 GROUP 6....................$ 43.34 23.35 GROUP 7....................$ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 8of 27 Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 9of 27 similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 10of 27 Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 11of 27 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 12of 27 repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 13of 27 GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 14of 27 $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. \[T12N SBM is a think strip between T11N SBM and T32S MDM\]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 15of 27 the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 49.50 23.60 (2) Dredge dozer............$ 43.53 23.60 (3) Deckmate................$ 43.42 23.60 (4) Winch operator (stern winch on dredge)............$ 42.87 23.60 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand...................$ 42.33 23.60 (6) Barge Mate..............$ 42.94 23.60 ---------------------------------------------------------------- IRON0377-002 07/01/2016 Rates Fringes Ironworkers: Fence Erector...............$ 28.33 20.64 Ornamental, Reinforcing and Structural..............$ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-001 07/01/2017 Rates Fringes Brick Tender.....................$ 31.36 17.82 https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 16of 27 ---------------------------------------------------------------- LABO0300-003 07/03/2017 Rates Fringes LABORER (TUNNEL) GROUP 1.....................$ 39.04 18.24 GROUP 2.....................$ 39.36 18.24 GROUP 3.....................$ 39.82 18.24 GROUP 4.....................$ 40.51 18.24 LABORER GROUP 1.....................$ 33.19 18.24 GROUP 2.....................$ 33.74 18.24 GROUP 3.....................$ 34.29 18.24 GROUP 4.....................$ 35.84 18.24 GROUP 5.....................$ 36.19 18.24 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 17of 27 out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 18of 27 person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0300-005 01/01/2017 Rates Fringes Asbestos Removal Laborer.........$ 31.88 16.82 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO0345-001 07/02/2017 Rates Fringes LABORER (GUNITE) GROUP 1.....................$ 41.08 17.39 GROUP 2.....................$ 40.13 17.39 GROUP 3.....................$ 36.59 17.39 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 19of 27 LABO1184-001 07/01/2017 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 34.65 13.20 (2) Vehicle Operator/Hauler.$ 34.82 13.20 (3) Horizontal Directional Drill Operator..............$ 36.67 13.20 (4) Electronic Tracking Locator.....................$ 38.67 13.20 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 35.86 16.21 GROUP 2.....................$ 37.16 16.21 GROUP 3.....................$ 39.17 16.21 GROUP 4.....................$ 40.91 16.21 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- LABO1414-001 08/02/2017 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 32.50 18.29 https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 20of 27 PLASTER TENDER..............$ 35.05 18.29 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2017 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County)...............$ 27.59 13.94 (2) All Other Work..........$ 31.12 13.94 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-006 10/01/2017 Rates Fringes DRYWALL FINISHER/TAPER Antelope Valley North of the following Boundary: Kern County Line to Hwy. #5, South on Hwy. #5 to Hwy. N2, East on N2 to Palmdale Blvd., to Hwy. #14, South to Hwy. #18, East to Hwy. #395...........$ 32.05 16.82 Remainder of Los Angeles County......................$ 38.58 18.64 ---------------------------------------------------------------- PAIN0036-015 06/01/2017 Rates Fringes GLAZIER..........................$ 40.95 24.40 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 05/01/2017 Rates Fringes SOFT FLOOR LAYER.................$ 32.35 14.56 ---------------------------------------------------------------- PLAS0200-009 08/02/2017 Rates Fringes PLASTERER........................$ 41.26 14.46 https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 21of 27 ---------------------------------------------------------------- PLAS0500-002 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 33.30 23.33 ---------------------------------------------------------------- PLUM0016-001 07/01/2017 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work.......................$ 49.28 21.61 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 47.76 20.63 Work ONLY on strip malls, light commercial, tenant improvement and remodel work........................$ 36.91 18.96 ---------------------------------------------------------------- PLUM0078-001 07/01/2016 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 44.16 25.19 Sewer & Storm Drain Work....$ 44.16 25.19 ---------------------------------------------------------------- ROOF0036-002 08/01/2017 Rates Fringes ROOFER...........................$ 37.07 16.17 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-013 04/01/2017 DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 22of 27 OF LOS ANGELES: Rates Fringes SPRINKLER FITTER.................$ 39.07 15.84 ---------------------------------------------------------------- SFCA0709-005 07/01/2015 THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire)..........$ 42.93 24.04 ---------------------------------------------------------------- SHEE0105-002 07/01/2017 LOS ANGELES (South of a straight line between gorman and Big Pines including Catalina Island) Rates Fringes SHEET METAL WORKER (1) Light Commercial: Work on general sheet metal and heating and AC up to 4000 sq ft.......................$ 25.67 12.72 (2) Modernization : Excluding New Construction - Under 5000 sq. ft. Does not include modification, upgrades, energy management, or conservation improvements of central heating and AC equpment....................$ 42.78 27.96 ---------------------------------------------------------------- SHEE0105-003 07/01/2016 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work........................$ 41.86 26.88 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 23of 27 work, excluding A-C, heating, ventilating systems for human comfort...$ 41.86 26.88 ---------------------------------------------------------------- SHEE0105-004 07/01/2017 KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES Rates Fringes SHEET METAL WORKER...............$ 32.38 26.99 ---------------------------------------------------------------- TEAM0011-002 07/01/2017 Rates Fringes TRUCK DRIVER GROUP 1....................$ 29.59 27.74 GROUP 2....................$ 29.74 27.74 GROUP 3....................$ 29.87 27.74 GROUP 4....................$ 30.06 27.74 GROUP 5....................$ 30.09 27.74 GROUP 6....................$ 30.12 27.74 GROUP 7....................$ 30.37 27.74 GROUP 8....................$ 30.62 27.74 GROUP 9....................$ 30.82 27.74 GROUP 10....................$ 31.12 27.74 GROUP 11....................$ 31.62 27.74 GROUP 12....................$ 32.05 27.74 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. \[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB\] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 24of 27 person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 25of 27 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 26of 27 determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 Page 27of 27 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb?v=151/3/2018 EXHIBIT A Supporting Documents Access Display Group, Inc. Instruction Sheet TEL: 800-289-1539 FAX: 877-842-5126 E-MAIL: Wall Mounting - Outdoor Enclosed Poster Cases Step 1 Drill holes in each of the four corners of the cork board (make sure drain holes are on the bottom of the unit when drilling into wall). Step 2 Drill screws into the wall (use washers to protect the cork board from the screw pressure). Step 3 Outdoor rated clear sealant can then be used to close up any holes to protect the display. Screws & Washers Simple hand tools required: Level, Drill, Screwdriver Must be Surface Mounted. Do Not Inset into the Wall. ADDENDUM #1 For City of Santa Clarita Invitation to Bid TMF-17-18-51 Santa Clarita Metrolink Station Repairs And Improvements May 9, 2018 This addendum must beacknowledged via Planet Bids and should be included with the bid response. A corrected bid document has been uploaded correcting some errors in project or contact names within the document. Thefollowing section has also been updated: Please replace the wording in the bid document with the following: In accordance with the provisions of CaliforniaPublic Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, A or B contractor’slicense, at the time that a contract for this work is awarded. There was a non-mandatory,pre-bidmeeting on May 1, 2018beginning at 9:00 AM.The meeting waslocated at Santa Clarita Metrolink, 22122 Soledad Canyon Road, Santa Clarita, CA 91350. Attending staff: Grace Ferguson -Admin Analyst, Neighborhood Services Glen Durfee -Secretary, Neighborhood Services Heather Andrews -Buyer, Administrative Services Melody Avakian -PTS Purchasing Clerk, Administrative Services Matthew Hults -LMD Specialist, Neighborhood Services Mary Alice Boxall -Labor Compliance Specialist, Public Works The followingvendors were in attendance: John Kokabi-Y.Ko. Construction Co., Inc. Emilio Ramirez-RAMCO, General Engineering Contractors Gus Freeman -E C Construction The following was reviewed: Bid #TMF-17-18-51 1 Labor Compliance was reviewed, Please contact Mary Alice Boxall -Labor Compliance Specialist, Public Works(661) 286-4172, for any questions or clarifications regarding labor compliance. Staff reviewedthe scope of work provided in the bid documents. Staff leda site tour of the facility. Thefollowing questions were asked and answered: Q.What are the work hours? a.Thework hours are 8:00 AM to 4:00 PM. Thesite must stay fully operational at all times. Q.Are we extending the walkway wall? a.No. Q.What color will the new fence be? a.The fence shall be painted to match the existing site. Q.Will work be done to just one side of the kisok? a.All four sides will be demoed, the sides will be updated. Q.Willthe trash cans be provided by the City? a.Yes. ______________________________________________ Contractor’s representativeDate ________________________________ Company Name Bid #TMF-17-18-51 2 1.1Released1.2Released2.1Released SetStatus a 111 D Release05/09/2005/09/2005/09/20 is thethe thisthis bidderbidder withwith CaliforniaCalifornia contract forfor BB ofof oror AA after successfulsuccessful contractcontract documentdocument days aa thethe bidbid provisionsprovisions License,License, 60 thatthat thethe thethe 3300,3300, inin timetime withwith thethe completed SectionSection Contractor'sContractor's atat be wordingwording CodeCode StateState thethe aa accordanceaccordance license,license, should InIn awarded.awarded. replacereplace ContractContract isis possesspossess project Pleasefollowing:PublicshallcontractorsworkPleasefollowing:PublicshallcontractorsworkTheawarded. Instructions 51) 18 17 project? solicitation? advise. this this (TMF for for Please called C10. date? required or is A Improvements an and (Electrical) license completion 10of notes C the a Repairs typeis is Bidders QuestionAnswerWhyWhattoWhat Station (Pacific) (Pacific)(Pacific)(Pacific) AM Metrolink PMPMPM 11:00 2:583:502:54 Clarita 2018 Date Santa 14, 05/24/2018 May Submit05/01/201805/03/201805/03/2018 04/23/2018 y Project on ww on Ke on for NeNe A Due & QIssuedBidExportedSubmittedCornerColorColor