HomeMy WebLinkAbout2014-09-23 - AGENDA REPORTS - ARUNDO REMOVAL PROJ R4003 (6)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
September 23, 2014
Travis Lange
AWARD CONTRACT FOR ANNUAL ARUNDO REMOVAL
FROM THE SANTA CLARA RIVER, PROJECT R4003
Public Works
RECOMMENDED ACTION
City Council:
1. Award a contract to R.A. Atmore & Sons, Inc., in the amount of $487,954 and authorize a
contingency in the amount of $6,000 for a total contract amount not to exceed $493,954.
2. Authorize the City Manager or designee to execute all contracts and associated documents
upon the appropriation of funds by the City Council in the annual budget for such fiscal year,
and execute all documents subject to City Attorney approval.
BACKGROUND
Since 2006, the City of Santa Clarita (City) has undertaken a regional arundo and salt cedar
tamarisk eradication program in the Upper Santa Clara River Watershed. The restoration of
riparian habitat through the removal of these invasive plant species improves water quality,
increases water supply, and reduces the risk of flooding and wildfire hazards. The effort resulted
in the development of the Upper Santa Clara River Watershed Arundo Removal Plan and site
specific plan for the river property owned by the City. To date, over 100 acres of the 297 acres of
City -owned river property in this area have been assessed and treated.
Negative effects of arundo include:
• Reduction in surface and groundwater availability, because arundo uses two to three times
more water than native plants.
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• Increased river bank erosion due to the diversion of water around established stands.
• Increased fire fuel loads, thereby encouraging wildfire intensity and spread.
• Displacement of riparian habitat due to dense monocultures of arundo and through
monopolization of soil moisture.
• Reduction in the food supply of riparian -dependent wildlife.
• Reduction of wildlife utilization of an infested area.
• Reduction in shading of surface water, resulting in higher water temperatures and lower
dissolved -oxygen content, which is harmful to native fish in the area.
In addition, tamarisk drops salt from its leaves to prevent competing plants from growing around
it. Removing the estimated 446 acres of tamarisk from the upper Santa Clara River would
prevent about 15,883 pounds of salt being deposited in the Santa Clara River per year. This is
less than 1 percent of the amount of chloride salts the Saugus and Valencia Water Reclamation
Plants discharge annually. Removing these invasive plants helps improve water quality, restores
habitat, reduces the risk of wildfires spreading through the river, increases the quantity of water
supply available for habitat and drinking water and improves the visibility in the river for law
enforcement and community preservation officers to help deter illicit activity.
On July 22, 2014, a request for proposals was noticed on the City's website. Staff held a walk
through and site visit on August 5, 2014, with two firms attending. On August 18, R.A. Atmore
& Sons, Inc., submitted a proposal for the work. This firm was previously hired by the City for
the annual arundo removal contract in Fiscal Year 2013-14 and has performed to the City's
satisfaction. Staff reviewed and evaluated the bid proposed and recommends award of the
contract to R.A. Atmore & Sons, Inc. This contract award will allow the City to continue
managing invasive plants on City -owned land, shown on Attachment A, and continue to reduce
the impacts and hazards from these invasive plants.
Since 2008, arundo and tamarisk removal projects in the Santa Clara River have been
incorporated into projects in the Upper Santa Clara Integrated Regional Water Management Plan.
The Integrated Regional Water Management Plan group submitted a grant application in March
2013 to the Department of Water Resources, which included arundo and tamarisk removal
projects. The group successfully acquired Proposition 84 grant funds in 2014 with the City's
arundo removal project receiving $350,000 of those funds.
During the Fiscal Year 2014-15 budget process, the City Council appropriated $500,000 in
funds, $350,000 grant funds and $150,000 matching funds from the Stormwater Utility fund. The
grant administrator costs are $5,821 to manage quarterly reporting and reimbursements for the
overall grant. The requested contract amount, plus contingency, make use of the entire grant, for
a total cost of $493,954. The contingency could be used for re -treatment and spraying re -sprouts
of invasive plants in prior work areas that have been cut, as the plants are incredibly difficult to
eliminate. The remaining $225 in the budget will help cover staff time for labor compliance.
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ALTERNATIVE ACTIONS
Other direction as determined by City Council.
FISCAL IMPACT
Prop 84 Grant funds (Fund 259) and matching funds from Stormwater Utility (Fund 356) are
currently budgeted in Expenditure Accounts R4003259-5161.001 and R4003356-5161.001.
ATTACHMENTS
Attachment A - Location Map
Contract for R.A. Atmore & Sons, Inc., available in the City Clerk's Reading File
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
R.A. Atmore and Sons
Contract No. am
This AGREEMENT is entered into this _ day of 20_, by and
between the CITY OF SANTA CLARTI'A, a municipal corporation and general law city
("CITY") and R.A. Atmore and Sons, a California corporation ("CONSULTANT').
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed four hundred eighty seven thousand nine hundred fifty three dollars
($487,953.15) for CONSULTANT's services. CITY may modify this amount as
set forth below. Unless otherwise specified by written amendment to this
Agreement, CITY will pay this sum as specified in the attached Exhibit "A,"
which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT''s services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
Revised 12011 Page I of 10
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit "A") the tasks performed, the percentage of the task completed during the billing period,
the cumulative percentage completed for each task, the total cost of that work during the
preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the CITY with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from September 24, 2014 to June 30, 2015.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A."
B. Termination as stated in Section 15.
Revised 1/2011 Page 2 of 10
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 22
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the CITY within forty-eight hours
(48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with
the Agreement's schedule. The CITY will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
15. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
Revised 1/2011 Page 3 of 10
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT'S own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONSULTANT.
Should CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this
Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory
to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in
settlement or costs incurred in defense otherwise.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
Revised 1/2011 Page 4 of 10
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 It 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
Revised 112011 Page 5 of 10
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A: VII. "
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate. In the alternative. should
CONSULTANT fail to meet any of the insurance requirements under this
agreement, City may cancel the Agreement immediately with no penalty.
G. Should CONSULTANT'S insurance required by this Agreement be cancelled at
any point prior to expiration of the policy, CONSULTANT must notify City
within 24 hours of receipt of notice of cancellation. Furthermore.
CONSULTANT must obtain replacement coverage that meets all contractual
requirements within 10 days of the prior insurer's issuance of notice of
cancellation. CONSULTANT must ensure that there is no lapse in coverage.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
R.A. Atmore and Sons, Inc.
2977 Sexton Canyon Road
Ventura CA 93003
Attention: Richard Atmore Jr.
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard., Suite 300
Santa Clarita, CA 91355
Attention: Heather Merenda
Revised 1/2011 Page 6 of 10
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in
the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to
notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this
Agreement.
A. In accomplishing the scope of services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be
performing a very limited and closely supervised function, and, therefore, unlikely to
have a conflict of interest arise. No disclosures are required for any officers,
employees, and/or agents of CONSULTANT, except as indicated in Subsection B.
Initials of Consultant
B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be
performing a specialized or general service for the CITY, and there is substantial
likelihood that the CONSULTANT'S work product will be presented, either written
or orally, for the purpose of influencing a governmental decision. As a result, the
following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the
CITY's Conflict of Interest Code:
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
Revised 12011 Page 7 of 10
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is/are 10 O Attachment(s) to this Agreement.
This Agreement will bind and inure to the benefit of the parties to this Agreement and any
subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
Revised 1/2011 Page 8 of 10
40. 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 CONSULTANT 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.
[SIGNATURES ON NEXT PAGE)
Revised If2011 Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
FOR CONSULTANT:
By:
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
M
City Attorney
Date:
Revised 112011
Page 10 of 10
R.A. ATMORE & SONS, INC.
Natural Resources Division
August 15, 2014
Robert Michler
City of Santa Clarita
Purchasing Department
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355-2196
Subject: Proposal for Arundo Removal, Proposal # ES -14-15-06
Dear Mr. Michler,
We are pleased to provide the City of Santa Clarita with this proposal to perform arundo removal in the
Santa Clara River as described in Request for Proposal (RFP) # ES -14-15-06. The following pages detail
our proposed management and implementation plan to accomplish the project in accordance with the
requirements set forth in the RFP.
Our company specializes in environmental contracting and consulting. We have extensive experience in
non-native plant removal, regulatory agency coordination, and habitat restoration that includes:
• experience in four previous arundo removal efforts for the City of Santa Clarita in the Upper
Santa Clara River Watershed Arundo and Tamarisk Removal Program (SCARP) site specific
implementation area (SSIP), including the recent effort from September 2013 to June 2014;
• familiarity with the project site, including current locations of target species and removal areas
from previous phases of the project;
• staff biologist and subconsultant biologist with relevant experience in the Santa Clara River
(including the recent effort completed from September 2013 to June 2014);
• fluency in the detailed and complex biological monitoring requirements associated with working
in areas with sensitive species, such as the Santa Clara River, and utilizing the SCARP
programmatic permits;
• crews with years of experience in the removal of arundo and tamarisk, including in areas with
homeless encampments and sensitive noise receptors;
• a proven record with attention to providing a high standard of customer service to our clients,
including adapting to changing site conditions and project design; and
• a team well versed in managing complex projects, including such tasks as permit coordination,
logistical organization, scheduling, and biological monitoring.
2977 Sexton Canyon Road, Ventura, California 93003
Tel 805-644-6851 ■ Fax 805-642-2127
www.raatmore.com
Proposal for Arundo Removal, Proposal # ES -13-14-05
City of Santa Clarita
August 15, 2014
page 2
We take pride in providing our clients with a high level of personalized service, and we look forward to
the potential opportunity to be of service to the City of Santa Clarita. If you have any questions or
would like to discuss or review any of the tasks in particular, please don't hesitate to contact us.
Thank you for your consideration.
Sincerely,
R.A. Atmore & Sons, Inc.
Natural Resources Division
Richard Atmore, Jr., President—�
I � l,.
Anna Huber, Project Manager
2977 Sexton Canyon Road, Ventura, California 93003
Tel. 805-644.6851 . Fax 805-642-2127
www.raatmore.com
Proposal # ES -14-15-06 — Arundo Removal
City of Santa Clarita
TABLE OF CONTENTS
REQUEST FOR PROPOSAL SCHEDULE AND ADDENDA (City of Santa Clarita Documents)
PART I - TECHNICAL PROPOSAL............................................................................................................1
Section1: Introduction.............................................................................................................................1
Section2: Project Analysis.......................................................................................................................
2
Section 3: Objective, Scope, Nature of Proposed Program.....................................................................5
Section4: Work Program.........................................................................................................................5
Section5: Methodology.........................................................................................................................11
Section 6: Project Management.............................................................................................................14
Section7: Assigned Personnel...............................................................................................................15
Section8: Schedule................................................................................................................................25
Section9: Program Monitoring..............................................................................................................27
Section 10: City Resources.....................................................................................................................27
Section 11: Subcontractors....................................................................................................................27
Section 12: Contractor Capability and References................................................................................
32
Section 13: Alternative Proposals..........................................................................................................35
Section 14: Conflict of Interest...............................................................................................................
35
Section15: Additional Data....................................................................................................................35
PART II - COST PROPOSAL
LIST OF TABLES
37
Table 1— Plant Palette —Cuttings................................................................................................................. 8
Table 2 — Plant Palette — Broadcast Seed Mix.............................................................................................. 9
Table3 — Project Schedule.......................................................................................................................... 26
Table 4—Subcontractor Work Summary....................................................................................................32
LIST OF FIGURES
Figure 1— Santa Clara River Arundo Removal Project — Removal Areas for 2014 .......................................3
Figure 2 — Program Monitoring — Workflow Diagram................................................................................ 28
LIST OF APPENDICES
Appendix A — Labor Classification Documents............................................................................................ 41
R.A, Atmore & Sons, Inc. Natural Resources Division APo
Proposal # ES -14-1S-06 — Arundo Removal
City of Santa Clarita
Thirpage intentionally blank.
R.A. Atmore & Sons, Inc. Natural Resources Division "r`aoeA
REQUEST FOR PROPOSALS
Sealed proposals must be received before 11:00 AM on Monday, August 18, 2014, by
Purchasing of the City of Santa Clarita, 23920 Valencia Boulevard, Suite 120, Santa
Clarita, California, 91355-2196, for the acquisition of:
ES -14-15-06
Specifications for this proposal may be downloaded from the City's Purchasing website
at www.santa-clarita.com/purchasing. Please refer to specifications for complete details
and bid requirements. Voluntary walk thru will occur August 5, 2014 at 9 AM, but
no questions will be answered at the on-site meeting. A RVSP is required for
attendance of the walk thru. Interested parties may RVSP by calling
Environmental Services at (661) 286-4098. If an RVSP has been made, meet at City
Hall, first floor lobby, 23920 Valencia Blvd., Santa Clarita, CA 91355 on August 5.
Be prepared to drive to a few locations from City Hall.
The specifications in this notice shall be considered a part of any contract made
pursuant thereto.
Purchasing
(661) 286-4183
CITY OF SANTA CLARITA
REQUEST FOR PROPOSAL SCHEDULE
PROPOSAL {f ES -14-15-06
PROPOSALS ARE DUE BEFORE: 11:00 A.M., August 18, 2014
The City of Santa Clarita invites sealed proposals for:
ARUNDO REMOVAL
Return original of Proposal to: City of Santa Clarita
Purchasing
23920 Valencia Blvd., Suite 120
Santa Cladta, CA 91355-2196
2. Prices shall be D.D.P. Destination or for the service rendered.
3. Proposer shall honor proposal prices for sixty (60) days or for the stated contract period,
whichever is longer
4. Proposals must include this Proposal form and be signed by the contractor's authorized
representative. This signature acknowledges the proposer has read and understands the
requirements contained on pages 1-15 and attachments A, B, R C.
5. The last day for questions will be noon, August 8, 2014.
6. The contractor is responsible for the accuracy and completeness of any solicitation form
not obtained directly from the City.
PROPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The
undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.
Company: 12•A-,&Tt00Ftk SOUS IN(• Address :29 N , s . U CLA,Gly 93t9Q3
Name (Print): F4CKXFLD l4 AG96Signatu i -
Company Phone No.:'M} - Title of Person Signing Bid: E!m 1 Q-fC
RFP it rS-14-15-06
A. PROPOSAL INSTRUCTIONS
Submitting Proposals. (a) The proposal response must be submitted on this form and include the
notice, Request for Proposal Schedule, and all forms or information included in or required by
Section C, Statement of Work and Format, (attachments accepted) in a sealed envelope with the
wording "Proposal", proposal number and closing date marked on the outside. (b) All
documentation of unit pricing or other cost breakdowns as outlined in this proposal must be
submitted to support the total proposal price. (c) Proposals/corrections received after the closing
time will not be opened. The City will not be responsible for proposals not properly marked and
delivered. Upon award, all submissions become a matter of public record.
2. Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal.
The City has the option of accepting or rejecting any alternative proposal.
3. Currency. All references to dollar amounts in this solicitation and in contractor's response refer to
United States currency. Payment will be made in United States currency.
4. Preparation. All proposals must be typed or written in black ink except signatures. Errors may be
crossed out and corrected in ink, then initialed in ink by the person signing the proposal. In
compliance with Resolution 93-9, all proposals and attachments must be submitted double -sided
on recycled paper.
5. Environmentally Preferable Purchasing. The City of Santa Clarita being fully aware of the limited
nature of our resources and the leadership role government agencies have, supports the
Environmentally Preferable Purchasing (EPP) program. With changes in technology and
industries occurring rapidly it is frequently difficult to be aware of the latest innovations.
Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in
less energy usage, least impact on natural resources and greatest reuse of post-industrial and
post -consumer material. Bidders are strongly encouraged to offer products and services meeting
these criteria and point out those specific aspects or features in their bid. In accordance with
Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact,
percentage of postconsumer materials in the products, materials, goods, or supplies, offered or
sold.
6. Failure to Submit Proposal. Your name may be removed from the mailing list if the City receives
no response to this proposal.
7. Taxes. Charges and Extras. (a) Proposer must show as a separate item California State Sales
and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation,
containers, packing, etc. will not be paid unless specified in proposal.
8. Awards. The City may make an award based on partial items unless the proposal submitted is
marked "All or none." Contractor selection is based upon multiple award criteria as specified in
Section C, Statement of Work and Format. A list of responding vendors may be posted on the
City's website at www.santa-clarita.com/purchasinq, normally within 24 hours.
9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this
bid with the agreement of the successful contractor(s) and the City of Santa Clarita. The lack of
exception to this clause in contractor's response will be considered agreement. However, the
City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and
is not obligated or liable for any action or debts that may arise out of such independently
negotiated "piggy -back" procurements.
10. Default. In case of default by the contractor of any of the conditions of this proposal or contract
resulting from this proposal, the contractor agrees that the City may procure the articles or
services from other sources and may deduct from the unpaid balance due the contractor, or
RFP # ES -14-15-06
PROPOSAL INSTRUCTIONS (continued)
collect against the bond or surety, or may invoice the contractor for excess costs so paid, and
prices paid by the City shall be considered the prevailing market price at the time such purchase
is made.
11. Assignment. No assignment by the contractor of contract or any part hereof, or of funds to be
received hereunder, is binding upon the City unless the City gave written consent before such
assignment.
12. Sub contractors. The Proposer must list any subcontractors that will be used, the work to be
performed by them, and total number of hours or percentage of time they will spend on the
project.
13. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and
Nationality Act (INA) which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only persons who may
legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment eligibility of anyone to be
hired, which includes completing the Employment Eligibility Verification Form (1-9). The
Contractor shall establish appropriate procedures and controls so no services or products under
the Contract Documents will be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
14. Termination. The City may terminate any service or requirement contract, with or without cause,
either verbally or in writing any time.
15. Indemnification. The bidder is required to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of any agreement entered into between the parties. Should the City be
named in any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of this Agreement, or its performance, the bidder must
defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the
City for any judgment rendered against it or any sums paid out in settlement or otherwise.
16. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all proposers in the
amount of at least 10% of the total value of the bid to guarantee that proposers will enter into
contract to furnish goods at prices stated. The bonding company must be listed on Treasury
Circular 570 and licensed to operate in the state of Califomia. Likewise, a Performance Bond
shall be required of the successful proposer when stated in the specification (cash deposit,
certified or cashier's check or money order may be substituted in lieu of either bond).
17. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall
be provided by using an ACORD certificate of insurance and shall be provided prior to contract
signing. Insurance shall be "Primary and Non -Contributory' and must name the "City of Santa
Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of
$1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit
of $1,000,000), and Worker's Compensation (statutory requirement). For professional services,
Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be
cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Specific insurance requirements will be set forth in any contract awarded to a proposer.
18. Payment. (a) Proposer shall state payment terms offered. (b) Payment will be made on the pay
period after receipt and acceptance of goods and/or services and upon using department
confirmation of such acceptance.
RFP # ES -14-15-06
PROPOSAL INSTRUCTIONS (continued)
19. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will
be so designated. Proposer is responsible for inspecting and understanding the total scope of
the projects (i.e., specifications, quality, and quantity of work to be performed.)
20. Specifications. Materials differing from stated specifications may be considered, provided such
differences are clearly noted and described, and provided further that such articles are
considered by a City official to be in all essential respects in compliance with the specifications.
21. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in
describing any item contained in the proposal does not restrict proposers to the manufacturer or
specific article, this means is being used simply to indicate a quality and utility of the article
desired; but the goods on which proposals are submitted must in all cases be equal in quality and
utility to those referred to. This exception applies solely to the material items in question and does
not supercede any other specifications or requirements cited. Documentation of equivalency
must be submitted with the bid.
At a minimum the documentation must demonstrate equivalency in form, fit, function, quality,
performance and all other stated requirements. The City is final determiner of equivalency.
Exception is made on those items wherein identical supply has been determined a necessity and
the notation NO SUBSTITUTE has been used in the specifications.
22. Proposal Rejection. The City reserves the right to reject any or all proposals and to waive any
informality in any proposal. The City may reject the proposal of any proposer who has previously
failed to perform properly, or complete on time, contracts of a similar nature, or to reject the
proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City
may reject the proposal of any proposer who is in default of the payment of taxes, licenses or
other monies due to the City of Santa Clarita. The City reserves the right to reject any or all
proposals and to waive any informality in any proposal.
23. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It
is the quoter's responsibility to contact the project manager, for public projects, or Purchasing
prior to submission of the quote to make certain the package is complete and all required
addenda are included. This information will also be available from the City's website if the quote
was downloaded.
24. Price Reductions. If at any time during the life of this contract, the successful proposer reduces
his price or prices to others purchasing approximately the same quantities as contemplated by
this contract, the contract prices must be reduced accordingly, and the contractor/vendor will
immediately notify the Purchasing Agent, City of Santa Clarita.
25. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through
the term of this contract. The City does not pay "surcharges" of any type unless identified in the
response to this proposal. All costs will be included in the pricing provided to the City.
26. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds
appropriated for the purpose of this agreement. All funds for payment after June 30 of the current
fiscal year are subject to City's legislative appropriation for this purpose. In the event the
governing body appropriating funds does not allocate sufficient funds for the next succeeding
fiscal year's payments. Then the affected deliveries/services may be (1) terminated without
penalty in their entirety, or (2) reduced in accordance with available funding as deemed
necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of
funds at the earliest possible date.
RFP # ES -14-15-06
PROPOSAL INSTRUCTIONS (continued)
27. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health
Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued
thereunder,
and certifies that all items furnished under this proposal will conform and comply with the
indemnity and hold harmless clause for all damages assessed against buyer as a result of
suppliers failure to comply with the Act and the standards issued thereunder and for the failure of
the items furnished under this order to so comply.
28. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor
to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by the Contractor, or any agent or representative of the
Contractor, to any officer or employee of the City with a view toward securing an agreement or
securing favorable treatment with respect to the award or amending, or the making of any
determinations with respect to the performance of such agreement; provided, that the existence
of the facts upon which the City makes findings shall be in issue and may be reviewed in any
competent court. In the event of such termination, the City shall be entitled to pursue the same
remedies against the Contractor as the City could pursue in the event of default by the
Contractor.
29. Delive . Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of
user division and contract delivery may begin not later than fifteen (15) calendar days from receipt
of order.
30. Invoices. Invoices will be forwarded to
City of Santa Clarita
Environmental Services
23920 Valencia Blvd. Ste. 300
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the
terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever
is later.
31. Proposal Questions. Questions should be forwarded by e-mail to rmichler@santa-clarita.com
The last day for questions will be at noon, August 8, 2014.
32. Renewal. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up
to two times in accordance with the terms of the contract. If not otherwise stated, the contract
may be renewed if the new pricing of the contract does not change more than the Consumer
Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -
Orange county area and prevailing wage rates, if applicable. Price adjustments may be
increases or decreases as appropriate and must be requested at least 90 days prior to the
expiration/renewal of the contract. The index level for the month preceding the month of
solicitation advertisement will become the beginning index. The price adjustment limit will be the
percentage change based on the difference between the beginning level or the adjustment level
last used and the index level for the period 90 days prior to the expiration of the contract. If not
renewed prior to the anniversary date, the contract may continue on a month to month basis until
renewed or awarded to a new contractor.
B.
TERMS AND CONDITIONS
The solicitation, proposer's response and the Purchase Order (and Contract for services) constitute the
entire agreement between the contractor and the City of Santa Clarita (City) covering the goods (including
RFP # ES -14-15-06
services) described herein (the "goods"). Time is of the essence.
Shioment and Inspection. The terms and routing of shipment shall be as provided on the
Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to
any goods not then shipped. City shall have the right to inspect any or all of the goods at
contractor's place of business or upon receipt by City at City's election, which right shall be
exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason
of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or
goods which do not conform to the specifications therefore, or to have waived any of City's rights
or remedies arising by virtue of such defects or non-conformance. Cost of inspection on
deliveries or offers for delivery, which do not meet specifications, will be for the account of the
contractor.
2. Risk of Loss. Not withstanding any provision hereof to the contrary, title to, and risk of loss of, the
goods shall remain with the contractor until the goods are delivered at the D.D.P. point specified
in this Contract, or if no such point is specified, then, when the goods are delivered to the City.
However, if the goods are of an inflammable, toxic or otherwise dangerous nature, contractor
shall hold City harmless from and against any and all claims asserted against City on account of
any personal injuries and/or property damages caused by the goods, or by the transportation
thereof, prior to the completion of unloading at City's receiving yard.
3. Warranties. Contractor warrants to and covenants with the City as follows: contractor will deliver
to City title to the goods free and clear of all security interest, liens, obligations, restrictions or
encumbrances of any kind, nature or description, the goods shall be free from defects in material
and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new
and not used or reconditioned; the goods and their packaging shall conform to the description
thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is
relying on contractor's skill and judgment in selecting and providing the proper goods for City's
particular use. The goods shall be in all respects suitable for the particular purpose for which
they are purchased and the goods shall be merchantable. Contractor shall indemnify and save
and hold City harmless from and against any and all damages, losses, demands, costs and
expenses arising from claims by third parties for property damage, personal injury or other losses
or damages arising from contractor's breach of its obligations hereunder.
4. Remedies. In the event of contractor's breach of this Contract, City may take any or all of the
following actions, without prejudice to any other rights or remedies available to City by law: (a)
require contractor to repair or replace such goods, and upon contractor's failure or refusal to do
so, repair or replace the same at contractor's expense: (b) reject any shipment or delivery
containing defective or nonconforming goods and return for credit or replacement at contractor's
option; said return to be made at contractor's cost and risk: (c) cancel any outstanding deliveries
hereunder and treat such breach by contractor as contractor's repudiation of this Contract. In the
event of City's breach hereunder, contractor's exclusive remedy shall be contractor's recovery of
the goods or the purchase price payable for goods shipped prior to such breach.
5. Force Majeure. For the purposes of this Contract, an event of "force majeure" shall mean any or
all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires,
floods or other acts of God; transportation delays; acts of government or any subdivision or
agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any
other cause, whether or not similar to the causes or occurrences enumerated above; in all cases,
which are beyond the control of the party claiming the occurrence of a force majeure event and
which delays, interrupts or prevents such party from performing its obligations under this
Contract. Notwithstanding any provision hereof to the contrary, the reduction, depletion,
shortage, curtailment or cessation of contractor's supplies or reserves or any other supplies or
materials of contractor shall not be regarded as an event of force majeure. The party affected by
a force majeure event shall give notice thereof to the other party within ten days following the
RFP # ES -14-15-06 A
occurrence thereof and shall apprise the other party of the probable extent to which the affected
party will be unable to perform or will be delayed in performing its obligations hereunder. The
affected party shall exercise due diligence to eliminate or remedy the force majeure cause and
shall give the other party prompt notice when that has been accomplished. Except as provided
herein, if performance of this contract by either party is delayed, interrupted or prevented by
reason of any event of force majeure, both parties shall be excused from performing hereunder
while and to the extent that the force majeure condition exists, after which the parties'
performance shall be resumed. Notwithstanding the foregoing, within five days following
contractor's declaration of a force majeure event which prevents its full and/or timely delivery of
goods hereunder, City may, at its option and without liability (a) require contractor to apportion
among its customers the goods available for delivery during the force majeure period; (b) cancel
any or all delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and
terminate this Contract. If City accepts reduced deliveries or cancels the same, City may procure
substitute goods from other sources in which event this contract shall be deemed modified to
eliminate contractor's obligation to sell and City's obligation to purchase such substituted goods.
After cessation of a force majeure event declared by contractor, contractor shall, at City's option
but not otherwise, be obligated to deliver goods not delivered during the force majeure event.
After cessation of a force majeure event declared by City, neither party shall be obligated to
deliver or purchase goods not so delivered and purchased during the force majeure period.
6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of
any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade
name or copyright with regard to the goods, their manufacture or use, contractor shall at its own
expense defend such suit and shall indemnify and save and hold City harmless from and against
all claims, damages, losses, demands, costs and expenses (including attorney's fees) in
connection with such suit or threatened suit.
Comoliance with Law. Contractor warrants that it will comply with all federal, state, and local
laws, ordinances, rules and regulations applicable to its performance under this Contract,
including, without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal
Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24,
1965 as amended, and any rules, regulations or orders issued or promulgated under such Act
and Order. Contractor shall indemnify and save and hold City from and against any and all
claims, damages, demands, costs and losses which the City may suffer in the event that
contractor fails to comply with said Act, Order, rules, regulations or orders. Contractor further
warrants that all goods sold hereunder will comply with and conform in every respect to the
standards applicable to the use of such goods under the Williams -Steiger Occupational Safety
and Health Act of 1970, as amended, and any regulations and orders issued thereunder. Any
clause required by any law, ordinance, rule or regulation to be included in a contract of the type
evidenced by this document shall be deemed to be incorporated herein. Where permits and/or
licenses are required for the prescribed material/services and /or any construction authorized
herein, the same must be first obtained from the regulatory agency having jurisdiction there over.
8. Reports, Artwork Designs etc.:
(a) If the goods are to be produced by contractor in accordance with designs, drawings or
blueprints furnished by City, contractor shall return same to City upon completion or cancellation
of this Contract. Such designs and the like shall not be used by contractor in the production of
materials for any third party without City's written consent. Such designs and the like involve
valuable property rights of City and shall be held confidential by contractor.
(b) If the Contract results in the creation of artwork, designs or written products, including but not
limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures,
analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor
expressly transfers all ownership and intellectual property rights including copyrights to the City
by signing the contract. Such works and the like shall not be used by contractor in the conduct of
RFP # ES -14-15-06 7
any business with any third party without the City's written consent.
(c) Unless otherwise agreed herein, contractor at its cost shall supply all materials, equipment,
tools and facilities required to perform this Contract. Any materials, equipment, tools, artwork,
designs or other properties furnished by City or specifically paid for by City shall be City's
property. Any such property shall be used only in filling orders from City and may on demand be
removed by City without charge. Contractor shall use such property at its own risk, and shall be
responsible for all loss of or damage to the same while in contractor's custody. Contractor shall
at its cost store and maintain all such property in good condition and repair. City makes no
warranties of any nature with respect to any property it may furnish to contractor hereunder.
9. Governing Law. The Purchase Order and this Contract between the parties evidenced hereby
shall be deemed to be made in the State of California and shall in all respects be construed and
governed by the laws of that state.
10. Miscellaneous.
(a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of
any other such term, condition or provision, nor shall such waiver be deemed a waiver of a
subsequent breach of the same tern, condition or provision.
(b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made
by City on this Contract or any other forms delivered to contractor shall be subject to correction.
(c) On the issue of primacy in disagreements in bid responses, words shall hold over numbers
and unit prices shall hold over extended prices.
(d) City may, upon notice of contractor and without liability to City, cancel this Contract and any
outstanding deliveries hereunder, (1) as to standard products of contractor not then shipped
hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take
possession of all or substantially all of contractor's assets, (B) contractor makes a general
assignment for the benefit of creditors, or (C) any action or proceeding is commenced by or
against contractor under any insolvency or bankruptcy act, or under any other statute or
regulation having as its purpose the protection of creditors, or (D) contractor becomes insolvent
or commits an act of bankruptcy. If an event described in (2) of this section occurs. City may at
City's sole election pay contractor its actual out-of-pocket costs to date of cancellation, as
approved by City, in which event the goods shall be the property of City and contractor shall
safely hold the same subject to receipt of City's shipping instructions.
11. Non -Collusion. By submitting a bid, bidder certifies they have not divulged, discussed or
compared their bid with other bidders, nor colluded with any other bidders or parties for invitation
to bid.
RFP # ES -14-15-06
C.- STATEMENT OF WORK AND FORMAT
The City of Santa Clarita (City) requests proposals for the following purpose according to the terms
and conditions attached. In the preparation of this Request for Proposal the words "Bidder",
"Contractor", and "Consultant' are used interchangeably.
Purpose: The City of Santa Clarita (City) seeks to hire a project management and invasive
removal strike team to remove arundo, tamarisk, and other invasive plants in its multiyear
effort to demonstrate successful abatement of invasive plants from its demonstration site
consistent with permits.
2. Proposal Schedule: Following is a tentative schedule of events:
EVENT
DATE
Solicitation advertisement
July 22, 2014
Pre-bid walk thru
August 5, 2014
Last day for questions
August 8, 2014
Return of proposals
August 18, 2014
Evaluations of proposals
August 19-29, 2014
Interviews (if necessary)
August 26, 2015
Recommendation to awarding body
September 3, 2014
Contract award
September 23, 2014
Project completion date
June 2015
3. Introduction/Background:
The City of Santa Clarita is a member of the Upper Santa Clara River Integrated Regional
Water Management Plan (IRWMP). One of the many things the Upper Santa Clara River
IRWMP group has accomplished is secure a Round 2 Proposition 84 IRWMP grant award.
The successful grant application included the City of Santa Clarita (City) continuing its Santa
Clara River Arundo and Tamarisk Removal Program (SCARP). The City seeks to hire a
highly qualified team to abate invasive plants in the City of Santa Clarita owned areas of the
Santa Clara River. The City owns 297 acres between South Fork and San Francisquito
Creek. Starting in 2005, the City made a multiple year effort to abate invasive plants from the
site. The majority of invasive plants noted on the site include arundo, tamarisk, castor bean,
and tree tobacco.
The grant award requires removal of arundo and tamarisk in the site specific implementation
areas. Potential removal area are outlined in Attachment A; however, removal locations are
subject to change.
Within the Project Area two types of restoration efforts will be employed to ensure the
effective eradication of the invasive species. The first effort will include the initial treatment of
the arundo, which includes non-native biomass removal and herbicide application. Arundo
may be ground in place with mechanical equipment such as a brush grinder (where
appropriate), or removed by manual means employing tools such as chainsaws and brush
cutters. After removal of the targeted vegetation, an appropriate aquatically approved
herbicide will be applied. In areas where mechanical vegetation grinding is to occur, arundo
will be allowed to resprout to a height of 2 to 3 feet, and herbicide will be applied via foliar
spray. In areas where manual removal is to occur, herbicide will be applied immediately to
the cut stumps via daubing or painting. Foliar application of herbicide may also occur on non-
native stands of vegetation where appropriate. In addition to arundo, other invasive plants—
RFP # ES -14-15-06
such as tree tobacco or castor bean—may be removed, if applicable. As the area is home to
several endangered species, the manual means will likely be the prevailing method.
Removal methods for tamarisk are the same as stated above for arundo; however, methods
to remove tamarisk biomass from the work site must include options to minimize potential
seed drop. Chipped or dried tamarisk biomass may be contaminated with seed or salinity
within the foliage and is not suitable for mulch. Chipped or dried biomass of tamarisk may be
disposed of off-site in a landfill or green waste facility for permanent disposal.
As arundo and tamarisk contain significant energy resources in their root structure, it is
difficult to eradicate them in a single treatment phase. Therefore, after the initial treatment, a
diligent monitoring and maintenance program will be implemented to facilitate re -treatments
and avoid re -infestation of the site. During this time, retreatments of herbicide will be applied
regularly to exhaust the belowground resources of the plants and lead to their elimination
from the treatment area.
Monitoring of the site will indicate if revegetation is necessary. Native species common to the
site such as willows (Salix sp.) and mule fat (Baccharis salicifolia) reestablish readily through
natural recruitment once competition from non-native species is removed. However, it may be
determined that certain areas within the site require more rapid enhancement than natural
recruitment can provide. This would be accomplished through the installation of cuttings of
these species, weeding, or other methods.
4. Obiective(s)/Work Products:
The objective is removal of arundo and tamarisk in the site specific implementation area [site
locations]. Selected firm will provide acquisition of all required permits and permissions, any
required biological or other monitoring, complete required follow up reporting, on-site project
management, disposal or reuse of removed biomass, and follow up foliar spray using a
Ventura County Resource Conservation District regional permit.
6. Work Statement: The selected firm will need to utilize required permits and permissions from
Army Corps of Engineers, US Fish and Wildlife Service, California Department Fish and
Wildlife (formerly Fish and Game), Regional Board, Los Angeles County Flood Control
District and other relevant agencies. These permits and permissions may utilize the SCARP
permitting acquired in 2005-2007. The implementation will consist of two restoration efforts.
The first effort will include the initial treatment of the arundo, which includes biomass removal
and herbicide application. Arundo may be ground in place with mechanical equipment such
as a brush grinder (where appropriate), or removed by manual means employing tools such
as chain saws and brush cutters. Upon removal of the target vegetation, appropriate
aquatically approved herbicide will be applied. In areas where mechanical vegetation
grinding is to occur, arundo will be allowed to resprout to a height of 2 to 3 feet, and herbicide
will be applied via foliar spray. In areas where manual removal is to occur, herbicide will be
applied immediately to the cut stumps via daubing or painting. Foliar application of herbicide
may also occur on stands where appropriate. In addition to arundo, other invasive plants
may be removed, if applicable
The selected firm will be required to keep informed of and take all measures necessary to
ensure compliance with applicable California Labor Code requirements, labor compliance
programs (California Labor Code Section 1771.5) and payment of prevailing wages for work
done and funded pursuant to these Guidelines, including any payments to the Department of
Industrial Relations under Labor Code Section 1771.3.
RFP # ES -14-15-06 l0
Required Qualifications:
Firms should have experience with successful invasive plant removal, preferable in the Santa
Clara River Watershed, and be licensed and permitted by all required authorities to perform
the work outlined in this RFP. This includes, but is not limited to, licensed chemical
applicators and trainers through Los Angeles County, contractors' licenses from the State of
California, and other certification and licenses necessary to complete the work that is
proposed.
8. Time Schedule: The arundo removal work should be completed by February 2015 to avoid
bird nesting season. Spraying of resprouting arundo will occur as soon as possible after
plants begin resprouting and reach a height of no more than 6 inches.
9. Response Submittal Requirements.
(a) CONTENTS OF PROPOSAL
Submitted proposals must follow the format outlined below and all requested information must be
supplied. Failure to submit proposals in the required format may result in elimination from proposal
evaluation.
In the interest of remaining environmentally friendly and cost effective, please refrain from utilizing
three-ring binders, plastic binding products or plastic sheets. Paper covers and the following binding
methods are acceptable; loose sheets fastened with a binder clip, stapled, or a three -hole paper
folder with fasteners. Proposals should be submitted double -sided on recycled content paper.
Unnecessarily complex or decorative proposals are not desired.
FORMAT
Each proposal must be submitted in two parts:
Part I must relate to the Technical Proposal
Part II must relate to the Cost Proposal
PARTI- TECHNICALPROPOSAL
Cover Letter - Must include the name, address, and telephone number of the company, and be
signed by the person or persons authorized to represent the firm.
Table of Contents - Clearly identify material contained in the proposal by section and page number.
Introduction (Section 1) - Contents to be determined by contractor.
Project Analysis (Section 2) - Provide an explanation and interpretation of the problem areas
described in this RFP.
Objective, Scope, Nature of Proposed Program (Section 3) - Describe the overall approach to the
problem, including the objective and scope of work to be performed by the contractor
Work Program (Section 4) - Describe the work or tasks to be performed, including sequence of work
activities, dependencies, and significant completion dates for major products.
Methodology (Section 5) - Describe the methodology and techniques to be employed.
RFP # ES -14-15-06 I I
Project Management (Section 6) - Describe the proposed management structure, organization of
contracting group, and facilities available.
Assigned Personnel (Section 7) - Identify the principals having primary responsibility for implementing
the proposal. Discuss their professional and academic backgrounds. Provide a summary of similar
work they have previously performed. List the amount of time, on a continuous basis, that each
principal will spend on this project. Describe the responsibilities and capacity of the technical
personnel involved. Substitution of project manager and/or lead personnel will not be permitted
without prior written approval of the City.
Schedule (Section 8) - List the proposed schedule of activities, including labor hours and calendar
time requirements, by product.
Program Monitoring (Section 9) - Describe the procedures to be utilized during the project, including a
diagram of workflow, interface points, and major products.
City Resources (Section 10) - Describe and City services and staff resources needed to supplement
contractor activities to achieve identified objective(s).
Subcontractors (Section 11) - If subcontractors are to be used, identify each of them in the proposal.
Describe the work to be performed by them and the number of hours or the percentage of time they
will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to
project management, schedule, costs, and hourly rates.
Contractor Capability and References (Section 12) - Provide a summary of the firm's relevant
background experience. Discuss the applicability of such experience to this RFP. Include examples
of projects completed for other similar agencies that are of a similar nature and a contact person for
each of those clients.
Alternative Proposals (Section 13) - Provide statements of alternative proposals, if any, labeled
"Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each
alternative proposal submitted may be abbreviated to address just the following:
a. Work Program
b. Methodology
c. Assigned Personnel
Conflict of Interest (Section 14) - Address possible conflicts of interest with other clients affected by
actions performed by the firm on behalf of the City. Although the bidder will not be automatically
disqualified by reason of work performed for other parties, the City reserves the right to consider the
nature and extent of such work in evaluating the proposal.
Additional Data (Section 15) - Provide other essential data that may assist in the evaluation of this
proposal.
PART II - COST PROPOSAL
The cost proposal should be a separate and detachable item of proposal response.
Labor Compliance Program: In response to Title 29, Part 5 (29 CFR 5) of the Code of Federal
Regulations and the United States Department of Labor, the City institutes a Labor Compliance
Program (LCP) for the purpose of implementing its policy relative to the labor compliance provisions
of state and federally -funded contracts and specifically to comply with the provisions of Labor code
Section 1771.5. Consultant proposal must demonstrate understanding, acclimation and application of
RFP # ES -14-15-06 12
pertinent LCP requirements and objectives to ensure effective program compliance. Consultant shall
submit certified copy of all Certified Payroll Records (CPRS) with the progress payment on at least
monthly basis to the City. For more information, refer to the City of Santa Clarita' Labor Compliance
Program Manual (Attachment B).
State Prevailing Wages: This contract is subject to State 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/dlsr/PWD. 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.
Eligible Project Costs: Project Costs include the reasonable costs of studies, engineering, design,
preparation of environmental documentation, environmental mitigations, monitoring, and
project construction. Reasonable administrative expenses may be included as. Reimbursable
administrative expenses are the necessary costs incidentally but directly related to the projects
including the portion of overhead and administrative expenses that are directly related to the projects
included in this Agreement in accordance with the standard accounting practices of the Grantee.
Costs that are not eligible for reimbursement include, but are not limited to the following items:
a) Purchase of equipment
b) Monitoring and assessment costs for efforts required after project construction is complete.
c) Travel and per diem costs (per diem includes subsistence and other related costs).
d) Overhead not directly related to project costs.
Name and Address
The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand
corner.
Cost Proposal
The Cost/Price format for the proposal must be as follows:
Tasks Price
Total cost must be clearly indicated at the end of the Cost Proposal.
Costs must include a breakdown by the following categories:
1) All costs should be categorized as Planning, Environmental Compliance, Construction
Administration, Construction Implementation, and Other Costs (detail of other costs
required)
2) Labor - List and hourly labor rate.
3) Supplies and Equipment - Provide an itemized list of supplies to be used. The City will
not pay for any equipment unless adequately justified. Any equipment paid for by the
City will become the property of the City.
4) Subcontractor Costs - Identify subcontractors by name, list their cost per hour or day, and
the number of hours or days their services will be used.
Charges for supplies, equipment, and subcontractors will be paid at cost. It is expected that general,
overhead, and administrative costs are included in the hourly rate for labor. Bids submitted will be
RFP # ES -14-155-06 13
held to the total cost given in the response quote. It will be assumed that all contingencies and/or
anticipated escalations are included. No additional funds will be paid above and beyond the original
quote given by the selected bidder.
(b) PROPOSAL SUBMISSION
All proposals must be submitted according to specifications set forth in Section 8 (a) - Contents of
Proposal and this section. Failure to adhere to these specifications may be cause for rejection of
proposal.
Signature. An authorized representative of the bidder should sign all proposals.
II. Due Date. The proposer shall submit one (1) original, one (1) copy and one digital
copy (PDF on CD) of all materials of the proposal in a sealed envelope, plainly marked in the
upper, left-hand corner with the name and address of the bidder and the words "Request for
Proposal # ES -14-15-06." All proposals must be received before 11:00 a.m. August 18, 2014,
and should be
directed to:
Purchasing
City of Santa Clarita
23920 Valencia Blvd. Suite 120
Santa Clarita, CA 91355-2196
Late bids/proposals will not be accepted. Any correction or resubmission done by the
proposer will not extend the submittal due date.
III. Addenda. City may modify the proposal and/or issue supplementary information or
guidelines relating to the RFP during the proposal preparation period of 07/22/14 to 08/17/14.
Proposers are cautioned against relying on verbal information in the preparation of proposal
responses. All official information and guidance will be provided as part of this solicitation or
written addenda.
IV. Reiection, A proposal may be deemed non-responsive and may be immediately
rejected if:
- It is received at any time after the exact date and time set for receipt of proposals and/or;
- It is not prepared in the format prescribed and/or;
- It is signed by an individual not authorized to represent the firm.
V. Disposition of Proposals. The City reserves the right to reject any or all proposals.
All responses become the property of the City. One copy of the proposal shall be retained for
City files. Additional copies and materials will be returned only if requested and at the bidder's
expense.
VI. Proposal Changes. Once submitted, proposals, including the composition of the
contracting team, cannot be altered without the prior written consent of the City. All
proposals constitute an offer to the City and may not be withdrawn for a period of ninety (90)
days after the last day to accept proposals.
VII. Proposal Evaluation and Contractor Selection. An evaluation panel comprised of
representatives from the City of Santa Clarita will evaluate all proposals to determine
responsiveness to the RFP. The panel will recommend the selection of the responsible
Proposer whose proposal is most advantageous to the City. Accordingly, the City may not
RFP # ES -14-15-06 14
necessarily make an award to the Proposer with the highest technical ranking nor award to
the Proposer with the lowest Price Proposal if doing so would not be in the overall best
interest of the City.
The overall criteria listed below are listed in relative order of importance. As proposals are
considered by the City to be more equal in their technical merit, the evaluated cost or price
becomes more important so that when technical proposals are evaluated as essentially
equal, cost or price may be the deciding factor.
a) Staff qualifications and number of staff provided
b) Cost of services provided
C) Santa Clara River specific work efforts and quality of that previous work
d) Thoroughness of proposal, approach to providing sound services and ability to
provide services to meet objectives
e) Cost of services provided
During the selection process, the evaluation panel may wish to interview bidders with scores
above a natural break. Should an interview process take place the results of the interview
will carry great weight in the selection process. The City reserves the right to make a
selection solely on the basis of the proposals without further contact.
RFP # ES -14-15-06 15
ATTACHMENT A
ATTACHMENT B
CITY OF
SANTA CLARITA
LABOR COMPLIANCE
PROGRAM
Effective Date of Approval: November 20, 2003
Updated: January 24, 2012
aflusisa
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM
IMPLEMENTATION PLAN & OPERATIONAL MANUAL
Table of Contents
Section
L Introduction
II Labor Compliance Program
III. Implementation Plan
IV. Operational Manual
• Site Visitation /Interviewing Requirements
V. Procedures
• Certified Payroll Verification
• Labor Compliance Site Monitoring
VI. Forms
Public Works Contract Award Information (DAS 140)
•
Training Funds Contributions (CAC 2)
•
Contractor Fringe Benefit Statement
•
Certified Payroll Reporting (sample)
•
DIR Public Works Payroll Reporting Form A-1-131(2-80)
•
Prevailing Wage Determination (sample)
•
Rules of Engagement
•
Labor Compliance Site Visitation Interview Form
•
Site Visitation Log
•
Pre -Award Letter (sample)
•
Post -Award Letter (sample
•
1 st Request for Certified Payrolls Letter (sample)
•
Missing Documents List
•
Certified Payroll Worksheet
•
Certified Payroll Correction Letter (sample)
•
Report of Action for Prevailing Wage Violations
LA #135134 Q
Section I
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM
LA # 135134 v2
INTRODUCTION
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
Paee
Introduction
1.
Public
Works Subject to Prevailing Wage Laws ......................................
1
A.
Types of Contracts to Which Prevailing Wage
Requirements Apply......................................................................
1
B.
Applicable Dates for Enforcement of the LCP ...............................
1
11.
Competitive Bidding on City Public Works Contracts ............................2
III.
Job Start Meeting........................................................................................
2
IV.
Review of Certified Payroll Records.........................................................3
A.
Certified Payroll Records Required ................................................
3
B.
Apprentices.....................................................................................5
C.
Audit of Certified Payroll Records .................................................
6
D.
Complaints......................................................................................6
E.
Review of Certified Payroll Records ..............................................
7
F.
Confirmation of Payroll Records ....................................................
7
G.
Written Summary of Labor Compliance Activities ........................
7
V.
Reporting of Willful Violations to the Labor Commissioner ..................
8
A.
Failure to Comply with Prevailing Wage Requirements................8
B.
Falsification of Payroll Records, Misclassification of Work
and/or Failure to Accurately Report Hours of Work ......................
8
C.
Failure to Submit Certified Payroll Records ...................................
8
D.
Failure to Make Employee Payments .............................................
8
E.
Failure to Pay the Correct Apprentice Rates and/or
Misclassification of Workers as Apprentices .................................
8
F.
For the Taking of Kick Backs.........................................................
8
Vl.
Enforcement Action....................................................................................
8
A.
Duty of the Awarding Body...........................................................8
B.
Withholding Contract Payments when Payroll
Records are Delinquent or Inadequate............................................9
C. Withholding Contract Payments, When After Investigation, It is
Established That Underpayment or Other Violation Has Occurredl0
D. Forfeitures Requiring Approval by the Labor
Commissioner............................................................................... 10
E. Determination of Amount of Forfeiture by the
Labor Commissioner.................................................................... 11
F. Deposits of Penalties and Forfeitures Withheld ............................
12
G. Debarment Policy.........................................................................13
VII. Notice of Withholding and Review Thereof ............................................
13
A. Notice of Withholding of Contract Payments (NWCP)................
13
B. Review ofNWCP.........................................................................13
C. Settlement Authority.....................................................................
14
VIII. Priority Distribution of Forfeited Sums ..................................................
15
IX. Outreach Activities...................................................................................
15
A. Providing Information to the Public .............................................
15
B. In-service Management training on the Labor
Compliance Program.................................................................... 16
X. Annual Reports.........................................................................................16
A. Annual Report on Prevailing Wage Monitoring
tothe City Council........................................................................ 16
ATTACHMENTS
A. Checklist of Labor Law Requirements for Review at
Job Start Meetings........................................................................ 17
B. Audit Record Worksheets.............................................................19
C. Request for Approval of Forfeitures (suggested format) .............. 23
D-1. Notice of Temporary Withholding of Contract Payments Due to
Delinquent of Inadequate Payroll Records ................................... 25
D-2. Notice of Withholding of Contract Payments ............................... 27
E. Notice of Transmittal.................................................................... 30
F. Notice of Opportunity to Review Evidence Pursuant
To Labor Code Section 1742(b) ................................................... 31
G. Prevailing Wage Hearing Regulations,
8 CCR Sections 17201 -17270 .....................................................34
H. Suggested Single Project Labor Compliance Review and
Enforcement Report Form........................................................... 35
INTRODUCTION
The City of Santa Clarita institutes this Labor Compliance Program ("LCP") for the purpose of
implementing its policy relative to the labor compliance provisions of state and federally -funded
public works contracts and specifically to comply with the provisions of Labor Code Section
1771.5. This LCP contains the labor compliance standards required by state and federal laws,
regulations, and directives, as well as City policies and contract provisions.
The California Labor Code Section 1770, et seq. requires that contractors on public works
projects pay their workers based on the prevailing wage rates which are established and issued by
the Department of Industrial Relations, Division of Labor Statistics and Research.
In establishing this LCP, the City adheres to the statutory requirements as enunciated in Section
1771.5(b) of the Labor Code. Further, it is the intent of the City to actively enforce this LCP by
monitoring City construction sites for the payment of prevailing wage rates, and by requiring
contractors and subcontractors having workers on City sites to submit copies of certified payroll
records demonstrating their compliance with the payment of prevailing wage rates.
The failure of the City to comply with any requirement imposed by the California Code of
Regulations shall not of itself constitute a defense to the failure to pay prevailing wages or to
comply with any other obligations imposed by Chapter 1 (commencing with Section 1720), Part
7, Division 2 of the Labor Code.
Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations
undergo alteration, amendment, or deletion, the City will modify the affected portions of this
program accordingly.
SECTION I
PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS
State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et
seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair,
or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermines the
appropriate prevailing wage rates for particular construction trades and crafts by county.
A. Types of Contracts to Which Prevailing Wage Requirements Apply
Applicable projects under Labor Code Section 1720 et seq.
B. Applicable Dates for Enforcement of the LCP
The applicable dates for enforcement of awarding body Labor Compliance Programs is
established by Title 8, Section 16425 of the California Code of Regulations. Contracts are not
subject to the jurisdiction of the Labor Compliance Program until after the program has received
approval.
SECTION II
COMPETITIVE BIDDING ON CITY PUBLIC
WORKS CONTRACTS
The City publicly advertises upcoming public works projects to be awarded according to a competitive
bidding process. All City bid advertisements (or bid invitations) and public works contracts shall contain
appropriate language concerning the requirements of the Labor Code.
SECTION III
JOB START MEETING
After the City awards the public works contract, and prior to the commencement of the work, a
mandatory Job Start meeting (Pre -Job conference) shall be conducted by the LCO with the contractor and
those subcontractors listed in its bid documents.
At that meeting, the LCO will discuss the federal and state labor law requirements applicable to the
contract, including prevailing wage requirements, the respective record keeping responsibilities, the
requirement for the submittal of certified payroll records to the City, and the prohibition against
discrimination in employment.
The LCO will provide the contractor and each subcontractor with a Checklist of Labor Law Requirements
(presented as Attachment A to this document) and will discuss in detail the following checklist items:
1. The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the
project exceed the exemption amounts;
2. The contractor's duty to employ registered apprentices on public works projects under Labor
Code Section 1777.5);
3. The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ
apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776,
1777.1,1777.7 and 1813
4. The requirement to keep and submit copies of weekly certified payroll records to the City, as
required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section
1776(g)); The requirement includes and applies to all subcontractors performing work on City
projects even if their portion of the work is less than one half of one percent of the total amount of
the contract.
5. The prohibition against employment discrimination under Labor Code Sections 1777.6; the
Government Code; and Title VII of the Civil Rights Act of 1964, as amended;
6. The prohibition against taking or extracting kickback from employee's wages under Labor Code
Section 1778;
7. The prohibition against accepting fees for registering any person for public works under Labor
Code Section 1779; or for filing work orders on public works under Labor Code Section 1780;
8. The requirement to list all subcontractors that are performing one-half of one percent of the total
amount of the contract (Public Contract Code Section 4100 et seq.);
9. The requirement to be properly licensed and to require all subcontractors to be properly licensed,
and the penalty for employing workers while unlicensed under Labor Code Section 1021 and
under the California Contractors License Law, found at Business and Professions Code Section
7000, et seq.);
10. The prohibition against unfair competition under Business and Professions Code Sections 17200-
17208);
11. The requirement that the contractor and subcontractor be properly insured for Workers'
Compensation under Labor Code Section 1861);
12. The requirement that the contractor abide by the federal and state Occupational Safety and Health
laws and regulations that apply to the particular public works project;
13. The federal prohibition against hiring undocumented workers, and the requirements to secure
proof of eligibility/citizenship from all workers; and
14. The requirements to provide itemized wage statements to employees under Labor Code Section
226.
Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and
that I am authorized to make this certification on behalf of (name of subcontractor).
Date
Name of person signing and company
The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask
questions of the LCO relative to the items contained in the Labor Law Requirements Checklist. The
checklist will then be signed by the contractor's representative, a representative of each subcontractor,
and the LCO.
At the Job Start meeting, the LCO will provide the contractor with a copy of the City's LCP package
which includes: a copy of the approved LCP, the checklist of Labor Law Requirements, applicable
Prevailing Wage Rate Determinations, blank certified payroll record forms, fringe benefit statements,
State apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public
Agencies (Part 7, Chapter I, Sections 1720-1861).
It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors
and to any substituted subcontractors.
SECTION IV
REVIEW OF CERTIFIED PAYROLL RECORDS
A. Certified Payroll Records Required
The contractor and each subcontractor shall maintain payrolls and basic records (timecards, canceled
checks, cash receipts, trust fund forms, accounting ledgers, tax forms, superintendent and foreman
daily logs, etc.) during the course of the work and shall be retained until the later of (1) at least one
year after the acceptance of the public work or five years after the cessation of all labor on a public
work that has not been accepted, or (2) one year after a final decision or judgment in any litigation
under Labor Code Section 1742. Certified Payroll Records on Federally -assisted shall be maintained
for a minimum of three years after acceptance of the public work. Such records shall include the
name, address, and social security number of each worker, his or her classification, a general
description of the work each employee performed each day, the rate of pay (including rates of
contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours
worked, and actual wages paid.
1. Submittal of Certified Payroll Records
The contractor and each subcontractor shall maintain weekly certified payroll records for
submittal to the City of Santa Clarita LCO, as required. The contractor shall be responsible for
the submittal of payroll records of all its subcontractors. All certified payroll records shall be
accompanied by a statement of compliance signed by the contractor or each subcontractor under
penalty or perjury pursuant to Labor Code Section 1771.5(b)(3) indicating that the payroll records
are correct and complete, that the wage rates contained therein are not less than those determined
by the Director of the Department of Industrial Relations, and that the classifications set forth for
each employee conform with the work performed.
Time cards, front and back copies of cancelled checks, daily logs, employee sign -in sheets and/or
any other records maintained for the purposes of reporting payroll may be requested by the Labor
Compliance Officer at any time and shall be provided within 10 days following the receipt of the
request.
2. Use of Electronic Reporting Forms
a. Certified payroll records required by Labor Code Section 1776 may be maintained and
submitted electronically, subject to the following conditions:
(1) Reports must contain all of the information required by Labor Code Section
1776;
(2) Information must be organized in a manner that is similar or identical to the
Department of Industrial Relations "Public Works Payroll Reporting Form"
(Form A -I-131);
(3) Reports shall be in a format and use software that is readily accessible and
available to Contractors, Subcontractors & the District, LCP and the Department
of Industrial Relations;
(4) Reports must be in the form of a non -modifiable image or record: and
(5) Reports must bear an electronic signature or include a copy of an original
certification made on paper or printed out and submitted on paper with an
original signature.
b.No contractor or subcontractor shall be mandated to submit or receive electronic reports when
it otherwise lacks the resources or capacity to do so, nor shall any contractor or
subcontractor be required to purchase or use proprietary software that is not generally
available to the public.
3. Full Accountability
Each individual, laborer or craftsperson working on a public works contract must appear on the
payroll. The basic concept is that the employer who pays the trades worker must report that
individual on its payroll. This includes individuals working as apprentices in an apprenticeable
trade. Owner -operators are to be reported by the contractor employing them; rental equipment
operators are to be reported by the rental company paying the workers' wages.
Sole owners and partners who work on a contract must also submit a certified payroll record
listing the days and hours worked, and the trade classification descriptive of the work actually
done.
The contractor shall make generally available for inspection such records by the Department of
Industrial Relations, and shall permit representatives of each to interview tradesworkers during
working hours on the project site.
4. Responsibility for Subcontractors
The contractor shall be responsible for ensuring adherence to labor standards provisions by its
subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its
subcontractors in accordance with Labor Code Section 1775.
5. Payment to Employees
Employees must be paid unconditionally, and not less often than once each week, the full
amounts, that are due and payable for the period covered by the particular payday. Thus, an
employer must establish a fixed workweek (Sunday through Saturday, for example) and an
established payday (such as every Friday or the preceding day should such payday fall on a
holiday). On each and every payday, each worker must be paid all sums due as of the end of the
preceding workweek and must be provided with an itemized wage statement.
If an individual is called a subcontractor, whereas, in fact, he/she is merely a journey level
mechanic supplying only his/her labor, such an individual would not be deemed a bona fide
subcontractor and must be reported on the payroll of the prime contractor as a trades worker.
Moreover, any person who does not hold a valid contractor's license cannot be a subcontractor,
and anyone hired by that person is the worker or employee of the general contractor for purposes
of prevailing wage requirements, certified payroll reporting and workers' compensation laws.
The worker's rate for straight time hours must equal or exceed the rate specified in the contract
by reference to the "Prevailing Wage Determinations" for the class of work actually performed.
Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid
the prevailing rate established for those days regardless of the fixed workweek where required by
the Labor Code. The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a
workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be
paid pursuant to the Prevailing Wage determination where required by the Labor Code.
B. Apprentices
Apprentices shall be permitted to work as such only when they are registered, individually, under a
bona fide apprenticeship program registered and approved by the State Division of Apprenticeship
Standards. The allowable ratio of apprentices to journeypersons in any craft/classification shall not
be greater than the ratio permitted to the contractor as to its entire workforce under the registered
program.
Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the
journey level wage rate determined by the Department of Industrial Relations for the classification of
the work he/she actually performed. Pre -apprentice trainees, trainees in non-apprenticeable crafts,
and others who are not duly registered will not be permitted on public works projects unless they are
paid full prevailing wage rates as joumeypersons.
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 joumeypersons which in no case shall be less
than one (1) hour of apprentice work to each five (5) hours ofjourneyperson work; and
3. Contribute to the applicable Apprenticeship 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(8),
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.
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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:
I. 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.
Confirmation of Payroll Records
"Confirmation" of payroll records furnished by contractors and subcontractors shall be defined as an
independent corroboration of reported prevailing wage payments. Confirmation may be
accomplished through worker interviews, examination of paychecks or paycheck stubs, direct
confirmation of payments from third party recipients of "Employer Payments" (as defined at section
16000 of Title 8 of the California Code of Regulations, or any other reasonable method of
corroboration. For each month in which a contractor or subcontractor reports having workers
employed on the public work, confirmation of furnished payroll records shall be undertaken randomly
for at least one worker for at least one weekly period within that month. Confirmation shall also be
undertaken whenever complaints from workers or other interested persons or other circumstances or
information reasonably suggest to the Labor Compliance Program that payroll records furnished by a
contractor or subcontractor are inaccurate.
G. Written Summary of Labor Compliance Activities
For each public work project subject to a Labor Compliance Program's enforcement of prevailing
wage requirements, a separate, written summary of labor compliance activities and relevant facts
pertaining to that particular project shall be maintained. This summary shall demonstrate that
reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent
with the practice of the Labor Commissioner. Attachment H "Suggested Single Project Labor
Compliance Review and Enforcement Report Form" is the suggested format.
SECTION V
REPORTING OF WILLFUL VIOLATIONS TO
THE LABOR COMMISSIONER
If an investigation reveals that a willful violation of the Labor Code has occurred, the LCO will make a
written report to the Labor Commissioner which shall include: (1) an audit consisting of a comparison of
payroll records to the best available information as to the actual hours worked, (2) the classification of
workers employed on the public works contract. Six (6) types of willful violations are reported:
A. Failure to Comply with Prevailing Wage Rate Requirements Failure to comply with prevailing
wage rate requirements (as set forth in the Labor Code and City contracts) is determined a willful
violation whenever less than the stipulated basic hourly rate is paid to tradesworkers, or if
overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than
stipulated.
B. Falsification of Payroll Records. Misclassification of Work. and/or Failure to Accurately Report
Hours of Work Falsification of payroll records and failure to accurately report hours of work is
characterized by deliberate underreporting of hours of work; underreporting the headcount;
stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly
misclassifying the work performed by the worker; and any other deliberate and/or willful act
which results in the falsification or inaccurate reporting of payroll records.
C. Failure to Submit Certified Payroll Records The contractors and subcontractors shall have ten
(10) days upon notification by the LCO in which to comply with the requirement of submittal of
weekly and/or to correct inaccuracies or omissions that have been detected.
D. For Failure to Pay Fringe Benefits Fringe benefits are defined as the amounts stipulated for
employer payments or trust fund contributions and are determined to be part of the required
prevailing wage rate. Failure to pay or provide fringe benefits and/or make trust fund
contributions on a timely basis is equivalent to payment of less than the stipulated wage rate and
shall be reported to the Labor Commissioner as a willful violation, upon completion of an
investigation and audit.
E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices
Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not
properly registered is equivalent to payment of less than the stipulated wage rate and shall be
reported to the Labor Commissioner, as a willful violation, upon completion of an investigation
and audit.
For the takine 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 seg. and the
procedural regulations of the Department of Industrial Relations in a manner consistent with the
practice of the Labor Commissioner and DLSE and regulations found at Title 8, California Code
Regulations, Section 16000 et seq.
B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate
1. "Withhold" means to cease payments by the awarding body, its agents or others who pay on its
behalf to the contractor. Where the violation is by a subcontractor, the contractor shall be notified
of the nature of the violation and reference made to its rights under Labor Code Section 1729.
2. "Contracts" except as otherwise provided by agreement, means only contracts under a single
master contract, or contracts entered into as stages of a single project which may be the subject of
withholding;
3. "Delinquent payroll records" means those not submitted on the basis set forth in the City
Contract;
4. "Inadequate payroll records" are any one of the following:
a. A record lacking the information required by Labor Code Section 1776;
b. A record which contains all of the required information but is not certified, or is certified by
someone not an agent of the contractor or subcontractor;
c. A record remaining uncorrected for one payroll period, after the awarding body has given the
contractor notice of inaccuracies detected by audit or record review. However, prompt
correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of
the entire certified weekly payroll in dollar value and do not affect more than half the persons
listed as workers employed on that certified weekly payroll, as defined in Labor Code Section
1776 and Title 8 CCR Section 16401. Prompt correction will stop any duty to withhold if
such inaccuracies are de minimus.
The withholding of contract payments when payroll records are delinquent or inadequate is
required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the
Labor Commissioner. The LCP shall only withhold those payments due or estimated to be due
to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any
additional amount that the Labor Compliance Program has reasonable cause to believe may be
needed to cover a back wage and penalty assessment against the contractor or subcontractor
whose payroll records are delinquent or inadequate; provided that a contractor shall be required
in turn to cease all payments to a subcontractor whose payroll records are delinquent or
inadequate until the Labor Compliance Program provides notice that the subcontractor has cured
the delinquency or deficiency.
When contract payments are held under this section, the Labor Compliance Program shall
provide the contractor and subcontractor, if applicable, with immediate written notice that
includes all of the following: (1) a statement that payments are being withheld due to delinquent
or inadequate payroll records, and that identifies what records are missing or states why records
that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and
(3) informs the contractor or subcontractor of the right to request an expedited hearing to review
the withholding of contract payments under Labor Code Section 1742, limited to the issue of
whether the records are delinquent or inadequate or the Labor Compliance Program has
exceeded its authority under this section.
No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll
records after the required records have been produced.
In addition to withholding contract payments based on delinquent or inadequate payroll records,
penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a
written request for certified payroll records. The assessment of penalties under Labor Code
Section 1776(8) does require the prior approval of the Labor Commissioner under section 16436
of these regulations.
C. Withholding Contract Payments When, After Investigation It Is Established That Underpayment or
Other Violation Has Occurred
1. "Withhold and "contracts" have the same meaning set forth in sections 16435(a) and 16435(b) of
the California Code of Regulations.
2. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of
the violation and reference made to its right Under Labor Code Section 1720.
3. "Amount equal to the underpayment" is the total of the following determined by payroll review,
audit, or admission of contractor or subcontractor:
a. The difference between the amounts paid to workers and the correct General Prevailing Wage
Rate of Per Diem Wages as defined in Labor Code Section 1773, and determined to be the
prevailing rate due workers in such craft, classification or trade in which they were employed
and the amounts paid;
b. The difference between the amounts paid on behalf of workers and the correct amounts of
Employer Payments, as defined in Labor Code Section 1773.1 and determined to be part of
the prevailing rate costs of contractors due for employment of workers in such craft,
classification, or trade in which they were employed and the amounts paid;
c. Estimated amounts of "illegal taking of wages"; and
d. Amounts of apprenticeship training contributions paid to neither the program sponsor's
training trust nor the California Apprenticeship Council;
e. Estimated penalties under Labor Code Sections 1775, 1776 and 1813.
4. The withholding of contract payments, when after investigation, it is established that
underpayment or other violations have occurred requires the prior approval of the Labor
Commissioner under sections 16436 and 16437 of the California Code of Regulations.
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2. Provisions relating to the penalties under Labor Code Sections 1775, and 1813:
a. Pursuant to Labor Code Section 1775, the contractor shall, as a penalty to the City, forfeit up
to two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid
less than the prevailing wages.
b. Pursuant to Labor Code Section 1813, the contractor shall, as a penalty to the City on whose
behalf the contract is awarded, forfeit twenty-five dollars ($25) for each worker employed in
the execution of the contract by the contractor or by any subcontractor for each calendar day
during which such worker is required or permitted to work more than 8 hours in any one
calendar day and 40 hours in any one calendar week without payment of 1 '/2 times the rate of
pay.
D. Forfeitures Requiring Approval by the Labor Commissioner
For purposes of this section,"Forfeitures" means the amounts of wages, penalties, and forfeitures
assessed by the Labor Compliance Program and proposed to be withheld pursuant to Labor Code
Section 1771.6(a), and includes the following: (1) the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or portion thereof for which each
worker was paid less than the prevailing wage rate by the contractor or subcontractor; and (2)
penalties assessed under Labor Code Sections 1775, 1776 and 1813.
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
Where the LCO requests a determination of the amount of forfeiture, the request shall include a
file or report to the Labor Commissioner which contains at least the information specified in
subparts (1) through (9) below:
a. Whether the public work has been accepted by the awarding body and whether a valid notice
of completion has been filed, the dates if any of those events occurred, and the amount of
funds being held in retention by the Awarding Body;
b. Any other deadline which, if missed, would impede collection;
c. Evidence of violation, in narrative form;
d. Evidence of violation obtained under section 16432 of the California Code of Regulations
and a copy of the Audit prepared in accordance with section 16432(e) of the California Code
of Regulations setting forth the amounts of unpaid wages and applicable penalties;
e. Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor
and subcontractor were given the opportunity to explain why there was no violation; or that
11
any violation was caused by good faith mistake and promptly corrected when brought to the
contractor or subcontractor's attention, and (B), the contractor and subcontractor either did
not do so or failed to convince the Labor Compliance Program of its position;
f. Where the City seeks not only amounts of wages but also a penalty as part of the forfeiture,
and the contractor has unsuccessfully contended that the cause of violation was a good faith
mistake that was promptly corrected when brought to the contractor or subcontractor's
attention, a short statement should accompany the proposal for a forfeiture, with a
recommended penalty amount, pursuant to Labor Code Section 1775(a);
g. Where the City seeks only wages or a penalty less than $200 per calendar day as part of the
forfeiture because the contractor or subcontractor has successfully contended that the cause of
violation was a good faith mistake that was promptly corrected when brought to the
contractor or subcontractor's attention, the file should include the evidence as to the
contractor or subcontractor's knowledge of its obligation, including the Program's
communication to the contractor or subcontractor of the obligation in the bid invitations, at
the pre job conference agenda and records, and any other notice given as part of the
contracting process. Included with the file should be a statement similar to that described in
subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section
1775(a);
h. The previous record of the contractor and subcontractor in meeting their prevailing wage
obligations; and
i. Whether the Labor Compliance Program has been granted approval on only an interim or
temporary basis under section 16425 and 16426 of the California Code of Regulations or
whether it has been granted extended approval.
2. The file or report shall be served on the Labor Commissioner as soon as practicable after the
violation has been discovered, and not less than 30 days before the final payment, but in no event
not less than 30 days before the expiration of the limitations period set forth in Labor Code
Section 1741.
3. A copy of the recommended forfeiture and the file of report shall be served on the contractor and
subcontractor at the same time as it is sent to the Labor Commissioner. The Labor Compliance
Program may exclude from the documents served on the contractor and subcontractor copies of
documents secured from the contractor or subcontractor during an audit, investigation, or meeting
if those are clearly referenced in the file of report.
The City may exclude from the documents served on the contractor/subcontractor or surety
copies of documents secured from these parties during an audit, investigation, or meeting if those
documents are clearly referenced in the file or report.
4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the
wages and penalties due.
5. The determination of the forfeiture by the Labor Commissioner is effective on the following date:
For all Programs other than those having extended authority under section 16427 of the
California Code of Regulations, on the date Labor Commissioner serves by first class mail on
the City of Santa Clarita , on the contractor and on the subcontractor, if any an endorsed copy of
the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of
forfeiture approved. Service on the contractor is effective if made on the last address supplied by
the contractor or subcontractor in the record. The Labor Commissioner's approval, modification
12
or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed
forfeiture.
F. Deposits of Penalties and Forfeitures Withheld
1. Where the involvement of the Labor Commissioner has been limited to a determination of the
actual amount of penalty, forfeiture, or underpayment of wages, and the matter has been resolved
without litigation by or against the Labor Commissioner, the City shall deposit penalties and
forfeitures into its General Fund.
2. Where collection of fines, penalties, or forfeitures results from court action to which the Labor
Commissioner and the City of Santa Clarita are both parties, the fines, penalties, or forfeitures
shall be divided between the General Funds of the State and the City of Santa Clarita, as the court
may decide.
3. All amounts recovered by suit brought by the Labor Commissioner, and to which the City of
Santa Clarita is not a party, shall be deposited in the General Fund of the State of California.
4. All wages and benefits which belong to a worker and are withheld or collected from a contractor
or subcontractor, either by withholding or as a result of court action pursuant to Labor Code
Section 1775, and which have not been paid to the worker or irrevocably committed on the
worker's behalf to a benefits fund, shall be deposited with the Labor Commissioner, who will
deal with such wages and benefits in accordance with Labor Code Section 96.7.
G. Debarment Policy
It is the policy of the City that the public works prevailing wage requirements set forth in the
California Labor Code, Section 1720-1861, be strictly enforced. In furtherance thereof,
construction contractors and subcontractors found to be repeat violators of the California Labor
Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise
being awarded any public work contract, within the state of California, for the performance of
construction and/or maintenance services for the period not to exceed three (3) years in duration.
The duration of the debarment period shall depend upon the nature and severity of the labor code
violations and any mitigating and/or aggravating factors, which may be presented at the hearing
conducted by the Labor Commissioner for such purpose.
SECTION VII
NOTICE OF WITHHOLDING AND REVIEW THEREOF
A. Notice of Withholding of Contract 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.
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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
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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 Vlll
PRIORITY DISTRIBUTION OF FORFEITED SUMS
1. Before making payments to the contractor of money due under a contract for public work, the
City shall withhold and retain therefrom all amounts required to satisfy the NWCP. The amounts
required to satisfy the NWCP shall not be disbursed by the City until receipt of a final order that
is no longer subject to judicial review.
2. Pending a final order, or the expiration of the time period for seeking review of the notice of the
withholding, the City shall not disburse any contract payments withheld.
3. From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to
penalties. If insufficient money is recovered to pay each worker in full, the money shall be
prorated among all workers employed on the public works project who are paid less than the
prevailing wage rate shall have PRIORITY over all Stop Notices filed against the prime
contractor.
4. Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Fund
and held in trust for the workers pursuant to Labor Code Section 96.7. Penalties shall be paid into
the General Fund of the City that has enforced this chapter pursuant to Labor Code Section
1771.7.
15
SECTION IX
OUTREACH ACTIVITIES
To ensure the successful implementation of the City's Labor Compliance Program, there shall be several
outreach activities initiated and maintained.
A. Providing Information to the Public
The Labor Compliance Officer shall be responsible for communication and outreach activities
relative to public information on the City's Labor Compliance Program:
1. Regular presentations to contractors at all City Job Walk Meetings (Pre -Bid conferences) and Job
Start Meetings (Pre -Job conferences);
2. Ongoing communication via correspondence and with workers at the City's job sites when review
of the certified payroll records reveals the possibility of prevailing wage violations.
3. Periodic meetings with contractor organizations, prime contractors and subcontractors interested
in public works contracting with the City.
B. In-service Management training on the Labor Compliance Program
The Labor Compliance Program shall provide ongoing management in -servicing and workshops for
Facilities, Business, Accounting and legal staff relative to the terms, requirements and administration
of the Labor Compliance Program.
SECTION X
ANNUAL REPORTS
A. Annual Report on Prevailing Wage Monitoring to the City Council
The Labor Compliance Program Officer shall submit to the Director an annual report on its operation
within 60 days after the close of its annual reporting period. For purposes of this section, the annual
reporting period shall be deemed to commence on July 1 and shall conclude on June 30 of the fiscal year.
Annual Reports are due to the Department of Industrial Relations by no later than August 31 and shall be completed
on form LCP-AR2. Information in the Annual Report shall be reported in sufficient detail to afford a
basis for evaluation the scope and level of enforcement activity of the Labor Compliance Program. An
annual report shall also include such additional information as the Labor Compliance Program may be
required to report as a condition of its approval.
16
ATTACHMENT A
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM
CHECKLIST OF LABOR LAW REQUIREMENTS
FOR REVIEW AT JOB START MEETINGS
The federal and state labor law requirements applicable to the contract are composed of, but not limited
to, the following:
1. Payment of Prevailing Wage Rates
The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project
exceed the exemption amounts;
2. Apprentices
The contractor's duty to employ registered apprentices on public works projects under Labor Code
Section 1777.5);
3. Penalties
The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ
apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1771.1
1777.7 and 1813;.
4. Certified Payroll Records
The requirement to keep and submit copies of weekly certified payroll records to the City, as required
under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The
requirement includes and applies to all subcontractors performing work on City projects even if their
portion of the work is less than one half of one percent of the total amount of the contract.
Under Labor Code Section 1776, contractors and subcontractors are required to keep
accurate payroll records showing the name, address, social security number and work
classification of each employee and owner performing work; also the straight time and
overtime hours worked each day and each week, the fringe benefits, and, the actual per diem
wage paid to each owner, journey person, apprentice worker or other employee hired in
connection with the public works project.
Employee payroll records shall further be certified and shall be made available for inspection at all
reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any
employee, or to his or her authorized representative on request pursuant to Labor Code Section
1776.
The final certified payroll record submitted by the contractor and subcontractors shall be
marked "final."
Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall
submit said payrolls weekly to the LCO. In the event that there has been no work performed during a
given week, the Certified Payroll Record shall be annotated "No Work" for that week.
5. Nondiscrimination in Employment
The prohibition against employment discrimination under Labor Code Sections 1777.6; the
Government Code; and Title VII of the Civil Rights Act of 1964, as amended;
6. Kickback Prohibited
17
The prohibition against recapturing wages illegally or extracting kickback from employee's wages
under Labor Code Section 1778;
7. Acceptance of Fees Prohibited
The prohibition against accepting fees for registering any person for public works under Labor Code
Section 1779; or for filing work orders on public works under Labor Code Section 1780;
8. Listine 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 seg.);
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 70W, et seq.);
10. Unfair Competition Prohibited
The prohibition against unfair competition under Business and Professions Code Sections 17200-
17208);
11. Workers' Comnensation 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
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22
ATTACHMENT C
Labor Compliance Program Regulations (referred to as Appendix D)
REQUEST FOR APPROVAL OF FORFEITURE -- SUeeested format
CITY OF SANTA CLARITA LCP:
Name and Contact Information:
Date of Request:
Name and Contact Information for Awarding Body if different from
LCP Approval Status (specify if either
LCP:
interim or temporary or if LCP has extended
Notice of Completion/Date Recorded with County
Recorder:
authority):
2.PROJECT INFORMATION:
Project Name:
Contract Number:
Project Location:
Bid Advertisement Dates:
Estimated Date Project is to be completed:
Acceptance Date of Project by the Awarding Body:
Notice of Completion/Date Recorded with County
Recorder:
Other Relevant Deadline (specify):
Amount being held in Retention:
3.CONTRACTOR INFORMATION:
Name and address of
of Scope of Work of the Entire Project:
and address of Affected Subcontractor:
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,Statemeni of/ssues.
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).
CAudd Report (detailed explanation of how audit was completed addressing each of the issues above).
D. Affected contractor and subcontractor information (how affected contractor and subcontractor were
informed of potential violations; summary of their response with respect to violations and penalty issues; and
any other information considered in determining recommended penalties).
E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how
factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s).
ATTACHMENTS
1. Audit Summary (Appendix B)
2. 1" Bid Advertisement Publication
3. Notice of Completion
4. Scope of Work
5. Complaint form(s) and Declarations, if any
Send the Reguest and all Attachments to:
Division of Labor Standards Enforcement
Bureau of Field Enforcement
Atm.: Regional Manager
300 Oceangate Blvd., No. 850
Long Beach, CA 90802
COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE
AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS
SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT.
24
ATTACHMENT D-1
[Name and Contact Information for person issuing Notice]
Work performed in County of:
Date:
Case or Contract No.:
NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO
DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435)
Awarding Body:
Work performed in County of:
Project Name and Number (if any):
Prime Contractor:
Subcontractor:
Pursuant to Labor Code § I771.5(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:lf 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 stil I 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:
Date,
In Reply Refer to Case No
Notice of Withholding of Contract Payments
Awarding Body ❑ Work Performed in County of
Project Name ❑ Project No.
Prime Contractor
subcontractor
After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above-
named public works project, the Labor Compliance Program for (A Labor
Compliance Program) has determined that violations of the California Labor Code have been committed by the contractor
and/or subcontractor identified above. In accordance with Labor Code Sections 1771.5 and 1771.6, the Labor Compliance
Program hereby issues this Notice of Withholding of Contract Payments.
The nature of the violations of the Labor Code and the basis for the assessment are as follows:
The Labor Compliance Program has determined that the total amount of wages due is:
The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code Sections 1775
and 1813 is: $
The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code Section 1776 is:
LABOR COMPLIANCE PROGRAM
27
Notice of Right to Obtain Review - Formal Hearing
In accordance with Labor Code Sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of
Withholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears
below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the
following address:
Labor Compliance Program
Review Office -Notice of Withholding of Contract Payments
A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought,
including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which
the notice is being contested. In accordance with Labor Code Section 1742, the contractor or subcontractor shall be provided an
opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor
Compliance Program's receipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in
a final order which shall be binding on the contractor and subcontractor, and which shall
also be binding, with respect to the amount due, on a bonding company issuing a bond that
secures the payment of wages and a surety on a bond. Labor Code Section 1743.
In accordance with Labor Code Section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office
of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of
business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown
on the certified order.
(continued on next page)
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 orjudicial 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
The Amount of Liquidated Damages Available Under this Notice is
Distribution:
Prime Contractor
Subcontractor
Surety(s) on Bond
Attach:
Audit Summary
Proof of Service
30
ATTACHMENT E
LABOR COMPLIANCE PROGRAM
Review Office - Notice of Withholding
of Contract Payments
(SEAL)
Phone:
Fax:
Date:
In Reply Refer to Crete No
Notice of Transmittal
To:Department of Industrial Relations
Office of the Director -Legal Unit
Attention: Lead Hearing Officer
P. O. Box 420603
San Francisco, CA 94142-0603
Enclosed herewith please find a Request for Review, dated postmarked and received
by this office on
Also enclosed please find the following:
_Copy of Notice of Withholding of Contract Payments
_Copy of Audit Summary
LABOR COMPLIANCE PROGRAM
cc:Prime Contractor
Subcontractor
Bonding Company
Please be advised that the Request for Review identified above has been received and transmitted to the address
indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title
8, California Code of Regulations Sections 17201-17270. These hearings are not governed by Chapter 5 of the
Government Code, commencing with Section 11500.
31
ATTACHMENT F
LABOR COMPLIANCE PROGRAM
Review Office - Notice of Withholding
of Contract Payments
(SEAL )
Phone:
Fax:
Date:
In Reply Refer to Case N.
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:
Regarding Notice of Withholding of Contract Payments Dated
Our Case No.:
The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor
Compliance Program at the hearing on the Request for Review.
Phone No.:
Fax No.:
34
ATTACHMENT G
PREVAILING WAGE HEARING REGULATIONS
SEE CALIFORNIA CODE OF REGULATIONS
TITLE 8, CHAPTER 8, SUBCHAPTER 6
(SECTIONS 17201 through 17270)
35
ATTACHMENT H
Suggested Single Project Labor Compliance Review and Enforcement Report Norm
[Appendix C following 8 CCR §164341
Awarding Body:
Project Name:
Nance of Approved Labor Compliance Program:
Bid Advertisement Data:
Acceptance Date.
Notice of Completion Recordation paw:
Summary of Labor CAmobanuc Activilicc
1, Contract Documents Containing Prevailing Wage Requirements (Identify)
2. Prejob Conferenec(s) -- Attach list(s) of ancndces and dates
3. Notification to Project Worker of Lalwr Compliance Program's Contact Person. (Explain
h-lanncr of Noditcation for cacti project work site.)
4. Certified Payroll R"wd Rcvicw
CPR* Reccivcd From:
ConwacmNSulwortwactor t:.m, weeks unditm (11w ell) tbmnah w%e
36
h. Claasificatiore identified in CPRS and applicable Prevailing Wage Deterrainatians
Clas,ilication Determination No
3. Pmiher investigation or audit due to CPR review, infonnation or complaint from worker or oilier
interested person, or other reason:
a. Independent Confiunation of CPR Data
Worker lmcn-views Reconciled CPRS with Pea.
ConlraeloriSubecurt t:tor IXesiNoi Wicks or Stubs (YesNo)
K Employer Pavincrds(Ileahh&.Welfare, PorioM Vacation/Holiday) Continuation
Recipients of Writhineonfirtnation
ContractovSuhenareactor Emnlover Pavmcnrs Obtained (Ves Not
c, Cnmributions to California Apprenticeship Council or Other Approved Approniceship
Program
Recipients of Written eonfimation
C nlr 't 'S M;o to t Contribution, Obtai d (YmN )
37
d. Addilional Wage Payments or (raining Fund Cavributions Resulting from Review of
CPR%
Additional anrotmts Additional i?xPla-
Conreutor,SuMomrwtor Paid to Workers Training Fund nation
W
i
M
i
* Use separate page(s) for explanation
6. Complaints Received Alleging Noncomplian" with Prevailing Wage Requirements.
Name of Resolution or
Complainant Dmo Rcccivml Cwnom Status
W
W
W
W
WUse sep on1v page(s) to explain resolution or culmnt stains
7. Requests for Approval of Forfeiture Io f,abm' C`.omrnissirmcm
ComractonSuboonnacmr pate om"itesl ,wvrovcd'MP(HfitdDenicd
X. litigation Pending Under Labor Cain Snclion 1742
Contraeutr, SubconlLUM DIR Case Number
4. (Clteak one): _ Final report this projan Annual rrcpori this project
Authorized Representative for Labor Compliance Progrmn
38
Interviewina
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
I I to 10'h. If he's not sure, ask him how many years he's been apprenticed in the specific trade and/or to guesstimate
and so indicate on the interview form.
8. ALWAYS thank them for their time.
9. Keep in mind that you are thereto 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 orjob
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
I . 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 tojoumey 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
I . Receive construction site work schedule from Labor Compliance Officer.
2. Check in with site administrative office/site superintendent
3. Utilizing the Labor Compliance Site Visitation Interview form, conduct interviews with workers.
4. Note on your form any infractions you may observe while conducting the interview.
5. Return interview form to the Labor Compliance Officer.
6. Report any infractions you observed to the Labor Compliance Officer.
45
Section VI
CITY OF SANTA CLARITA
LABOR COMPLIANCE PROGRAM
Forms
46
PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must he sent to your Apprenticeship Committee it you are approved to train. K you are not approved to train, you
must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site
of the public work. Go to: m1p:ffwww,dir.ca.jjcWdas/PubImVVorksFormahtmfer information about programs in your area and trade. You may
alsoconsult your local Division of Apprenticeship Standards (OAS) office whose telephone numbermay be found in your local directory under
California, State of, Industrial Relations. Division of Apprenticeship Standards.
Do not send this form to the Division of Apprenticeship Standards.
This is not a request for dispatch of apprentices.
Contractors must make a separate request for actual dispatch, in accordance with Section 230. Ila) California Cade of Regulations
Check One Of The Boxes Below
t. ❑ We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. enter name of the committee
2- ❑ We will comply with the standards of
Apprenticeship Committee for the duration of this job onlyenter name of the committee
3. M We will employ and train apprentices in accordance with the California Apprenticeship Council regulations,
including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to
perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all
times work with or under the direct supervision of journeyman/men
Signature
Typed Name
Title
State of California - Department of Industrial Relations DIVISION
OF APPRENTICESHIP STANDARDS
47
M§LTi CCE+6P E- 17, ZP"r E
P;En[4F &7 EP E, �.
IMir P dH' 11 ri'PR _-7
1J,I- ' -I."-.
NMf ? P�TI,C WTWIuwl Tl; CCNTRWr
tx.rrG141.f ¢ I r mfihn6i r, -P.PP
iqlF1141,e.0^ii
5 %1 L toff N.t U
This is not a request for dispatch of apprentices.
Contractors must make a separate request for actual dispatch, in accordance with Section 230. Ila) California Cade of Regulations
Check One Of The Boxes Below
t. ❑ We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. enter name of the committee
2- ❑ We will comply with the standards of
Apprenticeship Committee for the duration of this job onlyenter name of the committee
3. M We will employ and train apprentices in accordance with the California Apprenticeship Council regulations,
including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to
perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all
times work with or under the direct supervision of journeyman/men
Signature
Typed Name
Title
State of California - Department of Industrial Relations DIVISION
OF APPRENTICESHIP STANDARDS
47
Department of Industrial Relations
P.O. Bo 420603
San Francisco, CA 94142
Please use a separate form for each jobsite, listing
the occupations for the jobsite. One check, payable
to the California Apprenticeship Council, may be
submitted for all jobsites and/or occupations.
Training fund contributions are not accepted by the
California Apprentice Council for federal public
works projects, or for non-apprenticable
occupations such as laborers, utility technicians,
teamsters, etc.
TRAINING FUND CONTRIBUTIONS
California Apprenticeship
Council
Name and Address of Contractor/Subcontractor making Contribution
Contractor's License Number
Contract or Project Number
Name and Address of Public Agency Awarding Contract
Jobsite Location (Including County)
Period Covered by Contribution
bignature IDate
14W -TW
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 for employees on the various classes of
work are tabulated below.
Classification: (Effective Date: (Subsistence or Travel Pay:
assification: (Effective Date
Welfare I Address
U)
Health &
$
PAID TO:
Name:
Address:
Welfare
Vacation/ $
PAID TO: Name:
Address:
LU
Holiday
Address:
`n
F-
Pension
$
PAID TO:
Name:
"
w
And/or Other
Address:
Address:
z
PAID TO: Name:
M
Vacation/
$
PAID TO:
Name:
M
U-1
Holiday
PAID TO: Name:
Address:
C7
Address:
z
Training
$
PAID TO:
Name:
LL
and/or Other
Address:
assification: (Effective Date
Welfare I Address
U)
Pension $
PAID TO: Name:
UL
w
z
Address:
LU
Vacation/ $
PAID TO: Name:
M
LU
Holiday
Address:
cD
w
z
Training $
PAID TO: Name:
And/or Other
Address:
assification: (Effective Date
ence or Travel Pay:
ence or Travel Pay:
$
Name / I itle
49
Health & $
PAID TO: Name:
Welfare
Address:
Pension $
PAID TO: Name:
w
Address:
z
w
Vacation/ $
PAID TO: Name:
M
�
Holiday
Address:
Training $
PAID TO: Name:
LL
And/or Other
Address:
Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made.
Name / I itle
49
CITY OF SANTA CLARITA Pt1RLIC WORKS WFFK1 Y CFRTIFIFO PAYROLL RFPORTING FORM
Name of Contractor: ABC Lighting Company Business Address: 123 Main Street Santa Clarita Ca 92222 Contractor's License#: 00-111-2222
or Subcontractor. Worker's Compensation Policy# 99-888-77
Hours Worked Each Day
S = Straight Time O = Overtime SDI = State Disability Insurance
Day & Date
*Other =Any other deductions, contributions and/or payments whether or not included or
required by prevailing wage determinations must be separately listed.
Employee's Name, Address andof
Social Security Number
witnn ding
exemptions
Work
Classification
M
T
W TH
F
S
S
Total HQatl
R of Pay
ross Amount Earned
S-4 Fixture Cleaner 8 8 S his Project: 184.00
John Smith
to 11 Projects: 725.00
4445 lh Avenue
Santa Clarita CA 92111
Deductions, Contribution"fid Paym N t Wages PaA for as 168.63 JCheck 1 12345
Federal
FICAStal
SDI acatio
H Ith & ensi r inl
and
Dues
TraveU
Savings
Other'
Total
Tax
Soc Sec
x
H lida
We are
Admin
Deductions
444-55-6666
0
14.
1.29
15.37
W TH
I F
IS I
S
Total Hours
Rate of Pau
Gross Amount Earned
Juan Gomez
1212 Main Street
M-3 Fixtu Cl a er
h8A81�1
g
I
S
o
This Project:
All Projects:
gg0.00
936.00
Santa Clarita, CA 95555
educ ' ntributions and Payments Net Wa es Paid for Week: Check 4
era FICA State SDI Vacation ea th & Pension Training Fund Dues Travel/ Savings Other Total
T Soc Sec Tax Holiday Welfare Admin Deductions
29.00
36.72
1 1.34
3.36
70.42
555-66-9999
M I
T I
W
ITHI
F I
S I
S I
ITotal
Hours
I Rate of Pav
pross Amount Earned
I, Mary Jones , the undersigned, am Payroll Clerk with the authority to act for and on behalf of ABC Lighting , certify under
(Name — print) (position of business) (name of business and/or contractor)
penalty of perjury that the records or copies thereof submitted and consisting of 1 are the originals or true, full, and correct copies of the originals
(description, no. of pages)
which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named.
Date: 6/30/00 Signature: Page 1 of 1
California
dRDepartment
of Industrial
(Reduced by City of Santa Clarita)
PUBLIC WORKS PAYROLL REPORTING FORM
OR SUB CONTRACTOR SPECIALTY UCENSE #
Page of
PAYROLL NO. FOR WEEK ENDING
SELF-INSURED CERTIFICATE #
VvORKERS' COMPENSATION POLICY #
PROJECT OR CONTRACT NO.
PROJECT AND LOCATION
(1)
NAME, ADDRESS AND
SOCIAL SECURITY NUMBER
OF EMPLOYEE
(2) (3)
N H E) WORK
O O x1 CLASSIFICATION
L EI
0 P
F1
WIN TO
IT G 01
H N1
S
(5)
TOTAL
HOURS
(6)
HOURLY
RATE
OF PAY
GROSS(AMOUNT
EARNED
(B)
DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS
(g)
141 Dav
NET WGS
PAID FOR
WEEK
CHECK
NO.
M T W I TH F S S
Date
Mo. Worked Each Dv
1
1
I
S
THIS
PROJECT
ALL
PROJECTS
FED
TAX
FICA
(SW SEC)
STATE
TAX
am
VAGI
HOL
HEALTH
6WELF
PENSION
D
T"MI
FUND
ADAUN
DUES
TRVI
SUBS
SAVINGS
OTHER'
TOTALDE0.
UCTIONS
I
I
s
THIS
PROJECT
ALL
PROJECTS
FED
TAX
FlCA
(SOC SEL)
STATE
TAX
BDI
VAW
HOL
HEALTH
IWELF
PENSION
D
TRANING
FUND
ADMIN
DUES
TRVI
SUBS
SAVINGS
OTHER'
TOTAL OED-
UCTIONS
I
I
I
I
I
S.
THIS
PROJECT
ALL
PROJECTS
FED
TAX
FlLA
(SOC SEC)
STATE
TAX
SDI
VACI
HOL
HEALTH
6WELT
PENSION
O
TRANING
FUND
ADMIN
DUES
TRVI
sun
SAVINGS
OTHER'
TOTALDED-
UCTIONS
I
I
I
I
S
THIS
PROJECT
ALL
PROJECTS
FED
TAX
'CA
(soc SEC)
STATE
TAX
GDI
VAC/
HOL
HEALTH
sWELF
PENSbN
D
TRPNING
FUND
ADMIN
DUES
TRVI
sun
SANNGS
OTHER'
j
TOTALDED-
UCTIONS
Form A 1-131 (New240) S = Straight Time `OTHER -Any other deductions, contributions and/or payment whether or not included or required by prevailing CERTIFICATION must be completed
(form has been reduced to N page) O = Overtime wage determinations must be separately listed. Use extra sheet 6 necessary
SDI= State Disability Insurance
I, , the undersigned, am with the authority to act for and on behalf of
(Name - Print) (position with business) (name of business and/or contractor)
certify under penalty of perjury that the records or copies thereof submitted and consisting of are the originals or true, full and correct copies of the originals which depict the payroll
(description, no. of pages)
mcord(s) of the actual disbursements by way or cash, check, or whatever form to the individual or individuals named.
Date:
Signature:
A public entity may require a more strict and/or more extensive form of certification.
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: p 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
CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total
(JOURNEYPERSON) Hourly and Holiday Hourly
Rate Welfare Rate
ENGINEERING CONSTRUCTION
Carpenter (Heavy and
Highway work)
$25.25
2.30
1.01
2.72 b
Light Commercial
20.40
230
1,01
2.72 b
Bridge Carpenter
(Highway work)
25.38
2.30
1,01
2.72 b
Millwright
25.75
2.30
1.01
2.72 b
Pile Driver
25.38
2.30
1.01
2.72 b
Diver, Wet
(up to 50 ft, depth)cd
55.76
2.30
1.01
2.72 b
117.85
Diver, Standby
28,38
2.30
1.01
2,72 b
Diver's Tender 27.38 2.30 1.01
2.72 b.30 8 33.71 47.40 47.40 6109
DETERMINATION: SD -23 -314 -2000 -IA
ISSUE DATE: February 22, 2000
EXPIRATION DATE OF DETERMINATION: July I, 2000+s The rate to npairdate,
the new rate must be paid and should be incorporated in contracts entered into(415)703-4774.
LOCALITY: All localities within Santa Clarita County \
BUILDING CONSTRUCTION
Carpenter $23.40 2.30
Light Commercial 18.72 . 0
DETERMINATION: SD -367 - -2000-1
ISSUE DATE: FEBRU 22, 20
EXPIRATION DAT F DETER ATIO : Ma 000'
the
Division of Labor S istics esearch 5) 7 3-4774 fort,%
LOCALITY: All
Classification
(Joumeyperson)
Terrazzo Installer
Terrazzo Finisher
.30
30
.30
.30
.30
30
30
Perlin le
fter
31.58
26.73
31.71
32.08
31.71
62.09
34.71
29.18
24.50
Overtime Hourly Rate
Daily Saturday a Sunday
and
11/2X I1/2X Holiday
44.205 44.205 56.83
36.93 36.93 47.13
44. 44.40 57.09
.955 44.955 57.83
44.40 44.40 5209
48.90 48 63.09
ic . If ork will extend past this
for specific rates at
40.88 40.88 52.58
33.86 33.86 43.22
by a new determination issued by the Director of Industrial Relations. Contact
after 10 days from the expiration date, if no subsequent determination is issued.
Employer Payments Straight -Time Overtime Hourly Rate
B c Health Pension Vacation/ Training Hours Total Daily Saturday Sunday
ourly and Holiday Hourly and
Rate Welfare Rate I 1/2X 11/2X Holiday
$29.55 2.30 1.01 1.72 b
23.05 2.30 101 1.72 b
34.58 49.355 49.355 64.13
28.08 39.605 39.605 51.13
q Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. a Saturday in the same workweek may be worked
at straight -time rate for the first 8 hours if the employee was unable to complete the 40 hours during the normal workweek. Is Includes supplemental dues. c Shall receive a
minimum of 8 hours pay for any day or part thereof. a 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 ofthe Government
Code. You may obtain the holiday provisions for the current determinations on the Internet at hRD:jjwww.dir.ca.goy/DLSR/PWD. Holiday provisions for current or
superseded
determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774.
TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to
each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at
(415)703-4774.
CITY OF SANTA CLARITA
LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM
FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA
SITE NAM
SITIO:
PROJECT
CONTRACT
CONTRACTO
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:_
Project Superinten
Total number of workers observed on the
Type of work observed:
FECHA:
Interior / Exterior (circle)
Telephone
Telephone
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:
SITE VISITATION LOG
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 Clarity has identified your firm as the apparent low bidder for Contract #90-225
Portable Contract Moving Services and has scheduled board approval of a contract requiring your
compliance with Division 2 Part 7 of the California Labor Code. This will require the payment of
prevailing wages to all workers employed on the project and the reporting of the certified weekly
payroll to the LCO. The Labor Code requires, prior to the start of work, that a person qualified to
certify documents for your firm attend a review meeting with the awarding body concerning the
Labor Code prevailing wage laws.
The LCO is formally requesting the appearance of the certifying person for the code review, the
submittal of the required weekly certified payroll records or nonperformance reports, and the
monthly submittal of employment utilization reports, all identified in the contract general
conditions.
This request is made pursuant to, and authorized by, California State Labor Code Section 1776(b)
(2), which states, "A certified copy of all payroll records enumerated in subdivision (a) shall be
made available for inspection or furnished upon request to a representative of the body awarding
the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations" and California Code of Regulations Section
16430 (a) (2).
The goal of the LCO is to provide the necessary information, assistance, forms and procedures to
allow your project to move forward on schedule and in compliance with the State's Labor Code.
Please call the City of Santa Clarita's Labor Compliance Officer at (661) 286-4025 to set an
appointment and receive the necessary forms prior to the start of your project.
Respectfully,
Harry Corder
Labor Compliance Officer
CITY OF SANTA CLARITA
July 27, 2000
Jane Doe 0(fa pd(�
ACME Flooring
Sant Camino Santa Fe
21 n� �n ry
Santa Clazita, CA 92121 [ 0
Dear Ms. Doe:
Certified Mail
The City of Santa Clarita has awarded your firm a contract requiring your compliance with
Part 7, chapter 1 of the California Labor Code. This will require the payment of prevailing
wages to all workers employed on the project and the reporting of the weekly payroll to the
City's Labor Compliance Officer.
The Labor Code requires, prior to the start of work, that a person qualified to sign and
certify for your firm attend a review with the awarding body of the Labor Code prevailing
wage laws.
The Labor Compliance Officer goal is to provide the necessary information, assistance,
forms and procedures to allow your project to move forward on schedule and in
compliance with the State's Labor Code.
Please call the City of Santa Clarita's Labor Compliance Officer at (661) 286-4025 to set an
appointment and receive the necessary forms prior to the start of your project.
Respectfully,
Harry Corder
Labor Compliance Officer
CITY OF SANTA CLARITA
March 23, 2000
John Doem �/7
ACME Construction Co.
3170 Labor Street vQj�l
Vista, CA 92083-8318
Certified Mail
Ce YTi"ece�l P= yrMo-_/_7-5
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.
RMA.,5 n c� O.n um�en_t Lias #
CITY OF SANTA CLARITA
March 1, 2000
Certified Mail
Mr. Doe o e
ACME Construction Co.
115 Market Place, Suite A '� lhl l(Ii SLhl9nJ/l
Los Angeles, CA 92029-1353
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,
Harty 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:
engcivi\labor compliance program.doc
ATTACHMENT C
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
Contract No.
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of
20by and between the CITY OF SANTA CLARITA, a general law city and
municipal corporation ("CITY") and , a Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE
OF SERVICES, below; and
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and
conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an
amount set forth in the attached Exhibit " " which is incorporated by reference, for
CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty
(30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from 20 to 20 The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit"
B. CONTRACTOR will, in a workmanlike manner, fumish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment,
printing, vehicles, transportation, office space and facilities, and all tests, testing and
analyses, calculation, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by CITY, necessary or proper to perform and
complete the work and provide the professional services required of CONTRACTOR by
this Agreement.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code
§§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR
must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret
and implement any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage laws. In
accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages
are available upon request from CITY's Engineering Division or the website for State of
California Prevailing Wage Determination at www.dir.ca.gov/DLSR/PWD. A copy of the
prevailing rate of per diem wages must be posted at the job site.
B. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act (INA),
which includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Under the INA, employers may hire only persons who may legally
work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment eligibility of
anyone to be hired, which includes completing the Employment Eligibility Verification
Form (1-9). The Contractor shall establish appropriate procedures and controls so no
services or products under the Contract Documents will be performed or manufactured
by any worker who is not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has:
Thoroughly investigated and considered the scope of services to be performed;
and
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of
the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has
or will investigate the site and is or will be fully acquainted with the conditions there
existing, before commencing the services hereunder. Should CONTRACTOR discover
any latent or unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and will not proceed
except at CONTRACTOR's own risk until written instructions are received from CITY.
rm1016111:7_124[N4
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL
Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a
combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name City, its
officials, and employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other insurance that
may be carried by City will be excess thereto. Such insurance will be on an "occurrence,"
not a "claims made," basis and will not be cancelable or subject to reduction except upon
thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, endorsements
as required herein, and such other evidence of insurance or copies of policies as may be
reasonably required by City from time to time. Insurance must be placed with insurers
with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any
cancellation of coverage. CONTRACTOR will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, and to delete the word "endeavor"
with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required
by this Agreement, City may obtain such coverage at CONTRACTOR's expense and
deduct the cost of such insurance from payments due to CONTRACTOR under this
Agreement or terminate. In the alternative. should CONTRACTOR fail to meet any of the
insurance requirements under this agreement City may cancel the Agreement
immediately with no penalty.
F.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 0 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization to
proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause
B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at
least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its
own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for damages that
might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the
performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any
claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services
rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums
paid out in settlement or costs incurred in defense otherwise.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as
an independent contractor and will have control of all work and the manner in which is it performed.
CONTRACTOR will be free to contract for similar service to be performed for other employers while under
contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate
in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision
in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of
doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing and
may be given by personal delivery or by mail. Notice sent by mail will be addressed as
follows:
To CITY: City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR: Name
Address
City
B. When addressed in accordance with this paragraph, notices will be deemed given upon
deposit in the United States mail, postage prepaid. In all other instances, notices will be
deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be
given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer
Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this
Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained in this Agreement, whether of the same or different character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and
according to its fair meaning, and this Agreement will never be construed either for or against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion
of the court to render such portion enforceable and, as so modified, such portion and the balance of this
Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only
and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any
other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the
laws of the State of California, and exclusive venue for any action involving this agreement will be in Los
Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval
and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed
by the City Manager. The Parties represent and warrant that all necessary action has been taken by the
Parties to authorize the undersigned to execute this Agreement and to engage in the actions described
herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any
such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements
ancillary to this Agreement, and related documents to be entered into in connection with this Agreement
will be considered signed when the signature of a party is delivered by facsimile transmission. Such
facsimile signature will be treated in all respects as having the same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any
provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this
Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only
and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion,
war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other
similar causes beyond the Parties' control, then the Agreement will immediately terminate without
obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement
between CONTRACTOR and CITY respecting _ maintenance. To the extent that there are
additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement,
those terms are incorporated as if fully set forth above. There are no other understandings, terms or
other agreements expressed or implied, oral or written.
25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and
regulations including, without limitation, CITY's conflict of interest regulations.
(SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first
hereinabove written.
FOR CONTRACTOR:
By: Sample Only Do Not Sign
Print Name &
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
Attorney
Date:
ADDENDUM 41
For
City of Santa Clarita Request for Proposal
ES -14-15-06
Arundo Removal
July 28. 2014
This addendum must be included with the proposal response. If you have already submitted a
proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to
resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax
number is (661) 286-4186.
What licensing is required to bid the project?
A. See page 11 of RFP "Firms should have experience with successful invasive plant
removal, preferable in the Santa Clara River Watershed, and be licensed and permitted by
all required authorities to perform the work outlined in this RFP. This includes, but is not
limited to, licensed chemical applicators and trainers through Los Angeles County,
contractors' licenses from the State of California, and other certification and licenses
necessary to complete the work that is proposed."
2. The statement of work says that the City owns 297 acres. Is that the amount of acreage for the
project or will it be less? If it is less, is there an approximate amount of acreage you could give
me?
A. The project will encompass approximately 150 acres.
Contractor's representative Datc
RA. ATMO9-i"eAfo>JS.-InIL
Company Name
RFP # ES-1415-06addl
ADDENDUM #2
For
City of Santa Clarita Request for Proposal
ES -14-15-06
Arundo Removal
August 5, 2014
This addendum must be included with the proposal response. If you have already submitted a
proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to
resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax
number is (661) 286.4186.
• Last day for questions is August 8, 2014 AT NOON.
• Arundo, tamarisk, and other invasive plant removal in the Upper Santa Clara River Watershed
has been an ongoing effort by the City of Santa Clarita since 2006
Removing arundo and tamarisk are priorities, but if Tree Tabacco, Tree of Heaven, and other
approved invasive plants are found in the removal sites it is expected those plants would also be
removed and included as part of the scope of work. Eucalyptus is not included in the list of
invasive plants that the City would like removed. The selected firm may clear invasive plants
(arundo, tamarisk, and other selected species) in the upper bank area of the removal sites if the
plants are on City property and the cost of removal is not substantial.
• Re-establishing native plants is also included in the scope of work for the three acre Bouquet
Canyon Creek restoration site. The expectation is seeding, but cuttings and other methods may
be proposed for the bank. The top of the sloped have already been planted with native plants.
• The selected firm will be required to have or obtain the appropriate Progammatic Permits from the
Ventura Country Resource Conservation District or an equivalent permit coverage.
• The City will not be providing biologists or surveys for removal sites. The selected firm will be
required to provide US Fish and Wildlife biologists certified in arroyo toad.
• In many of the removal sites, the presence of endangered, threatened, and special status species
will limit the amount and type of equipment that may be used for invasive plant removal. The
biologist should determine where equipment is and is not allowable. In any areas with continuous
flow or ponded water or any areas in close proximity or adjacent to these areas, hand removal will
be required.
• Endangered, threatened, or special status species that the selected firm might expect to
encounter include (but are not limited to): Arroyo Toad, Unarmored Three Spine Stickleback,
Least Bell's Vireo, Southwestern Pond Turtle, Red Legged Frog, and Desert Woodrat. Special
consideration is also given to nesting migratory birds.
RFP # ES-1415-06add2
• In some sites: the use and staging of equipment will be more limited to specific times of day to
minimize disturbance to residential households and schools in the area.
• The City maintains a high customer service standard. Any complaints from residents or
businesses concerning the project (e.g. noise complaints, problems with staging areas, etc.) must
be resolved within 24 hours.
• On September 20'" 2014, the City's annual River Rally event will be removing trash and debris
from the South Fork and the section of the Santa Clara around Bridgeport Elementary School,
which are both areas included in work plan.
• The City is responsible for clearing homeless encampments. The selected firm is not expected to
clear or deal with homeless encampments in the removal areas. TYash from homoless
encampments may be removed by selected firm if they preventing work in the direct area.
• In removing plant material from the worksites, the City does NOT require a specific landfill to be
used for disposal. However, the City does require that plant material be recycled green waste at
least 50% rather than regular solid waste.
• In addition to the removal site near Central Park, there will be another small section of Bouquet
Canyon Creek that will need invasive plant removal. This is the section where Bouquet Canyon
Creek merges with the Santa Clara River and is approximately .5 miles long The project map will
be updated to include this removal site.
• In the removal site near the Ironhorse irailhead (off of Magic Mountain Parkway), some parts of
the Phase I of removal project may have to be re -sprayed in spring.
Ae t Lll-
Contractor's representative Date
�-l�. •lkt•t.nOtk 'tt ,Sof.JS-r I�.1G•
Company Name
RFP # FS-141&06add2
ADDENDUM O
For
City of Santa Clarita Request for Proposal
ES -14-15-06
Arundo Removal
August 7, 2014
This addendum must be included with the proposal response. If you have already submitted a
proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to
resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax
number is (661) 286-4186.
1. Does the work boundary at the downstream end of the project area correspond with a particular
parcel boundary line?
A. Interstate 5 would be the furthest downstream boundary, which is west of Iron Horse
Trailhead.
2. Does the Bouquet Canyon restoration area include both channel banks?
A. The invasive plant removal would be wherever it is found on both banks or in the bed. The
planting would only occur on the church side bank (opposite from the park and the
community gardens).
3. What is the length of the Bouquet Canyon restoration area?
A. It is approximately 900 feet long.
4. Is billing for reimbursement of mileage allowed? If so, is there a specified rate that is allowed (i.e.
the current federal rate)?
A. Mileage and travel are not allowable expenses, as per page 13 of the RFP.
5. What is the anticipated budget for the project?
A. The City has budgeted $500,000 for the project which is based on the grant funded
amount. There are no additional funds available outside this budget.
Contractor's representative Date
Company Name
RFP A ES-1415-06add3
Proposal # ES-14-15-06—Arundo Removal I 1
City of Santa Clarita
PARTI- TECHNICALPROPOSAL
Section 1: Introduction
R.A. Atmore & Sons, Inc. (R.A. Atmore) is pleased to provide this proposal for the City of Santa Clarita's
Arundo Removal project, Request for Proposal (RFP) # ES -14-15-06. ). As described in the RFP, the
proposed project seeks to remove non-native invasive plants, particularly arundo (Arundo donox) and
tamarisk (Tamarix spp.), and perform habitat enhancement in selected areas within the 150 -acre
implementation area (project site). The following sections detail our proposed management and
implementation plan to accomplish the proposed project.
R.A. Atmore will bring a broad variety of experience to the proposed project, including:
• experience in four previous arundo removal efforts for the City of Santa Clarita in the Upper
Santa Clara River Watershed Arundo and Tamarisk Removal Program (SCARP) site specific
implementation area (SSIP), including the recent effort from September 2013 to June 2014;
• familiarity with the project site, including current locations of target species and removal areas
from previous phases of the project;
• staff biologist and subconsultant biologist with relevant experience in the Santa Clara River
(including the recent effort completed from September 2013 to June 2014);
• fluency in the detailed and complex biological monitoring requirements associated with working
in areas with sensitive species, such as the Santa Clara River, and utilizing the SCARP
programmatic permits;
• crews with years of experience in the removal of arundo and tamarisk, including in areas with
homeless encampments and sensitive noise receptors;
• a proven record with attention to providing a high standard of customer service to our clients,
including adapting to changing site conditions and project design; and
• a team well versed in managing complex projects, including such tasks as permit coordination,
logistical organization, scheduling, and biological monitoring.
Company History:
R.A. Atmore began as Foothill Weed Abatement in 1988 and incorporated in 1999. Over the years the
company has grown and expanded the variety of services it provides. In 2011, R.A. Atmore launched a
Natural Resources Division to offer environmental consulting services as a complement to its existing
environmental contracting services. With this addition, we offer turn -key services to our clients and
take pride in developing creative, economical, and successful solutions for a variety of project needs!
We are one of the largest companies of our type in Ventura County. Our clients include the Ventura
County Watershed Protection District; the Ventura County Fire Protection District; the Ventura County
Department of Transportation; the cities of Santa Clarita, Oxnard, Ventura, Moorpark, Camarillo, and
Thousand Oaks; the Ventura County Resource Conservation District; Southern California Edison;
Calleguas Municipal Water District; Aera Energy; Southern California Gas Company; California Air
National Guard, Vintage Production, Crimson Resources — Pipeline Division; Shea Homes; Newhall Land
and Farming; and a variety of private clients.
R.A. Atmore & Sons, Inc. Natural Resources Division wi'.
Proposal # ES -14-15-06 — Arundo Removal 2
City of Santa Clarita
Section 2: Project Analysis
The City of Santa Clarita (City) is seeking to hire a strike team to manage and implement the removal of
arundo, tamarisk, and other non-native invasive plants in selected locations within the project site
shown in Figure 1 (project). The project area is within the channels of the Santa Clara River, the South
Fork of the river, and Bouquet Canyon Creek. Within the parameters of the specified grant budget, R.A.
Atmore will perform removal work and maintenance in seven specific locations within the project site
highlighted by City staff during the pre-bid job walk on August 5, 2014. Additional non-native invasive
plants, such as tree of heaven (Ailanthus altissima), Russian thistle (Salsola tragus), and tree tobacco
(Nicotiana glauca), will also be targeted, as directed by the City or if treatment is possible within budget
parameters.
These locations include:
1. Bouquet Canyon Creek downstream of Bouquet Canyon Road at the west side of Central Park
(Central Park Area);
2. Bouquet Canyon Creek downstream of Newhall Ranch Road to its confluence with the Santa
Clara River and, and the north bank of the Santa Clara River between Bouquet Canyon Bridge
and the Bouquet Canyon Creek confluence (Bouquet Canyon Creek Area);
3. The south bank of the Santa Clara River from the outfall for the Saugus Water Reclamation Plant
to about its confluence with Bouquet Canyon Creek (Outfall Area);
4. The Santa Clara River south of Bridgeport Park (Bridgeport Area);
5. The South Fork of the Santa Clara River between Magic Mountain Parkway and Wiley Canyon
(South Fork Area);
6. The Santa Clara River in the vicinity of the Iron Horse trailhead (Iron Horse Area); and
7. Along the northern bank of the Santa Clara River near Avenue Tibbetts, up to the San
Francisquito Creek confluence; consists of portions of Area E as delineated in previous phases of
the project (Area Q.
Tasks for the proposed project include: acquisition/coordination of required regulatory permits,
biological monitoring; initial non-native invasive plant removal; maintenance of removal areas, and
monitoring to determine maintenance requirements.
In addition, and as identified by the City in Addendum 2 of the RFP, activities to restore native
vegetation will also be performed within the Central Park Area. These activities will consist of
installation of mulefat (Baccharis salicifolia) cuttings and broadcast seeding of a non -irrigated native
seed mix. This habitat enhancement will occur in order to augment the existing native seedbank and to
facilitate the establishment of self -regenerating vegetation cover in this depleted area.
Potential staging areas for each proposed removal location have been identified by R.A. Atmore and are
shown in Figure 1. Staging areas were selected based on site suitability for proposed equipment
associated with removal, existing access routes (trails, roads, or ramps) or disturbed areas, and ease of
access to targeted species.
Some removal areas are located near sensitive noise receptors, such as schools, churches, residential
areas, public parks, and areas used for filming; in locations with special status wildlife species; or areas
with scattered homeless encampments. R.A. Atmore has experience in completing non-native invasive
plant removal projects under such conditions and will provide the necessary coordination with the City
and Regulatory Agencies to complete the proposed project with as minimal impact as possible.
R.A. Atmore & Sons, Inc. Natural Resources Division anPEn
4
i ,'V Area E
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Bridgeport
Area
Iron Horse
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Area
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Santa Clara River Arundo Removal Project 2014
City of Santa Clarita
n,r Central Park
�,{ Area
JBouquet
-�—_ Creek k
Outfall
Area
2 °.�
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W`
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Removal Areas
■ Staging Areas
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Figure 1
R.A. WWRE A SONS, INC.
AUG 2014
Feet
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Removal Areas
■ Staging Areas
Aerial Source: NAIR 1012
Figure 1
R.A. WWRE A SONS, INC.
AUG 2014
Proposal k ES -14-15-06 — Arundo Removal 4
City of Santa Clarita
This page intentionally blank.
R.A. Atmore & Sons, Inc. Natural Resources Division «.<..o
P11PEfl
Proposal It ES -14-15-06 — Aru ndo Removal 5
City of Santa Clarita
As required by the project, R.A. Atmore will comply with the City's Labor Compliance Program in the
completion of these tasks.
Section 3: Objective, Scope, Nature of Proposed Program
As described in Section 2, the objective of the proposed project is the removal of arundo and tamarisk
that occurs within various locations in the project site (as described in Section 1). Within the specified
timeframe (from the award date of September 23, 2014 to June 30, 2015) and budget parameters, R.A.
Atmore will be responsible for the following scope of work associated with this project:
• coordinating with the Ventura County Resource Conservation District (VCRCD, current SCARP
permit holder), the Los Angeles County Flood Control District (LACFCD), and the Los Angeles
County Agricultural Commissioner's (LACAC) office for regulatory compliance;
• providing necessary biological surveys and biological monitoring;
• providing on-site project management
• completing the initial biomass removal and herbicide treatment, including biomass disposal,
within selected locations in the project site, as prioritized by the City;
• conducting site monitoring to determine maintenance needs;
• conducting follow up maintenance herbicide treatments on resprouts; and
• completing follow-up monitoring for regulatory reporting requirements.
R.A. Atmore will assemble the same team that successfully removed 7.31 acres (65.28 tons) of arundo
and tamarisk within 3,520 linear feet of the 2013 project site (September 2013 to lune 2014). R.A.
Atmore staff assigned to the project will include the president/principal, Richard Atmore; project
manager, Anna Huber; biologist, Christina Sulzman; office manager, Shelli Brennan; and a field crew led
by project foreman, Jesus Ramirez.
The president/principal and project manager will provide oversight and coordination for all phases of
the project; the biologist will provide biological surveys, biological monitoring, assist with permit
coordination, and provide project site monitoring; the office manager will oversee labor compliance;
and the field crew will perform initial non-native invasive plant removal and site maintenance
treatments. Scott Cameron, principal biologist from Ecological Sciences, Inc. (Ecological Sciences), also a
member of the team assembled for the previous phase, will be utilized as a subcontractor for selected
biological survey and biological monitoring tasks.
Tasks will be initiated at the project manager's direction and scheduling. The specific tasks that will be
performed at each location are described in Section 4. A project schedule is provided in Section 8,
including the approximate hours needed to complete each task.
Section 4: Work Program
If selected as the winning bidder, R.A. Atmore will begin work immediately after the contract is awarded
(approximately September 24, 2014). R.A. Atmore will complete the current phase of the project with a
work program similar to the one designed and completed by us in the previous phase (2013-2014).
R.A. Atmore & Sons, Inc. Natural Resources Division
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Proposal It ES -1415-06 — Arundo Removal 16
City of Santa Clarita
Task 1— Regulatory Permit Coordination
R.A. Atmore will coordinate with the VCRCD to utilize the programmatic permits issued for the SCARP
project, including the California Department of Fish and Wildlife (CDFW, formerly Fish and Game)
Streambed Alteration Agreement (SAA), the U.S. Army Corps of Engineers (USACE) Section 404 Permit,
and the Regional Water Quality Control Board (RWQCB) 401 Certification. R.A. Atmore will also apply
for an individual permit from the LACFCD, and coordinate with the LACAC office to obtain a Pest Control
Advisor's (PCA) recommendation for herbicide application.
R.A. Atmore estimates the above permit coordination will take approximately six weeks (completing
approximately November 5, 2014). Successful completion of this task will be dependent upon the
cooperation, work load, and efficiency of the VCRCD, the permitting agencies involved with the SCARP
permits, the LACFCD, and LACAC. R.A. Atmore has experience in coordinating permits with all of the
agencies involved and will work towards completing this task as efficiently as possible.
As required by the SCARP programmatic permits, R.A. Atmore will provide notice to all neighbors
(residential or commercial) that are within 100 feet of proposed project activities one month prior to the
initiation of removal activities. R.A. Atmore will develop a flier to distribute and/or post along the bike
path or other suitable locations in order to fulfill this requirement.
Task 2 — Biological Surveys and Monitoring
R.A. Atmore biologist, Christina Sulzman and our subcontractor, principal biologist, Scott Cameron from
Ecological Sciences, will perform preconstruction surveys before the initiation of the initial removal
phase of the project, as required by the SCARP permits for the project. These surveys will include
surveys for special status amphibians and reptiles that may be present in proposed removal areas,
including the federally listed arroyo toad (Anaxyrus californicus) and California red -legged frog (Rana
draytonii), and species of special concern such as the two -striped garter snake (Thamnophis
hommondii), western spadefoot toad (Spec hommondii), and western pond turtle (Emys marmorato).
R.A. Atmore will produce an environmental education document, and Ms. Sulzman and Mr. Cameron
will provide environmental education to all crew members before work begins. As specified in permit
documents, a qualified biological monitor (Ms. Sulzman or Mr. Cameron) will be present on a daily basis
during initial removal and maintenance treatments to ensure that work occurs within established permit
conditions.
Preconstruction surveys for the initial removal work will begin as soon as permit coordination is
completed (including proper notifications to permitting agencies), and are estimated to occur from
November 10 to November 11, 2014 (2 days).
As described in the SCARP programmatic permits, appropriate biological surveys are also required for
any maintenance work that is initiated after January 31, 2014. These surveys will include: nesting raptor
surveys (after January 31, 2014); nesting bird surveys (after March 1, 2014); focused species surveys
(arroyo toad, after February 1, 2014, and least Bell's vireo, after March 15, 2014); and rare plant surveys
(after March 1, 2014). All surveys will be completed by Ms. Sulzman (nesting birds, nesting raptors, least
Bell's vireo, and rare plants) or Mr. Cameron (arroyo toad) within 5 days of the initiation of each
maintenance treatment. The timing of each treatment will be dependent on the rate of growth of
arundo resprouts.
R.A. Atmore & Sons, Inc. Natural Resources Division
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Proposal q ES-14-15-06—Arundo Removal 7
City of Santa Clarity
R.A. Atmore has included estimated costs for conducting all of the above surveys as part of this
proposal. However, if fewer than the estimated three maintenance treatments are needed due to a
slow growth rate of arundo resprouts (from colder than normal or drier than normal conditions), costs
for this task may be reduced. R.A. Atmore will coordinate with the VCRCD and relevant SCARP
permitting agencies to determine the extent of such surveys that will be required due to the nature of
the maintenance activities (foliar spray using backpack sprayers).
Task 3 — Initial Removal
R.A. Atmore will perform the initial removal of arundo, tamarisk, and additional species identified for
removal by the City in selected locations within the project site (Figure 1). Initial removal will be
initiated concurrently with Task 4 as soon as permit coordination and the appropriate preconstruction
surveys have been completed. R.A. Atmore estimates that this task will begin November 17, 2014 and
will take approximately six weeks to complete. Delays in regulatory agency responsiveness or winter
storm events may have an effect on the actual start date and timeframe for this phase of the project.
R.A. Atmore will prioritize the removal of arundo monocultures in areas with the potential for heavier
inundation during winter storm events, as work in these areas will utilize chainsaws, chippers, and other
mechanical equipment. Areas with smaller stands of targeted species will be completed last, as such
areas have the potential to be completed with hand tools if winter rains delay initial removal beyond
January 31.
It is anticipated that initial removal efforts will be completed in the following order
1. Arundo, tamarisk, and Russian thistle within the Central Park Area. This portion of the project
will be completed to prepare this location for the habitat enhancement activities as part of Task
4.
2. Larger monocultural stands of arundo within the Bridgeport Area and the Outfall Area. These
stands are located along the north bank and south bank of the Santa Clara River near its
confluence with Bouquet Canyon Creek.
3. Arundo and tamarisk intermixed with native riparian vegetation in the Bouquet Canyon Creek
Area, and scattered tree of heaven, tamarisk, and tree tobacco present along the north bank of
the Santa Clara River between Bouquet Canyon Bridge and the confluence of Bouquet Canyon
Creek.
4. Arundo and tamarisk intermixed with native riparian trees present on the north bank of the
Santa Clara River in Area E. This work will begin by targeting the area immediately south of
where removal occurred during the previous phase of removal work (2013-2014) and continue
to the east of this area and to the south of the bike trail.
5. Smaller stands of arundo and scattered tamarisk and tree of heaven present in the Iron Horse
Area.
6. Scattered tamarisk and tree tobacco present in the South Fork Area.
R.A. Atmore crews will work around any homeless camps that are encountered and alert the City to
their location. Additionally, initial removal work that occurs near sensitive receptors, such as schools,
churches, residential neighborhoods, public parks, and areas used for filming, will be completed in a
manner that reduces noise to the extent possible. The following measures will be implemented to
reduce potential noise impacts:
R.A. Atmore & Sons, Inc. Natural Resources Division•rE
Proposal q ES -14-15-06 — Arundo Removal 8
City of Santa Clarita
1. Chipping will occur intermittently before stockpiles of biomass become significantly large in size.
2. Chipping will be avoided in early morning hours to the extent possible.
3. The chipper will be placed in locations where potential barriers (such as streambanks or
concrete flood control structures) are present to provide a noise buffer between the chipper
and sensitive receptors.
R.A. Atmore office manager, Shelli Brennan, will provide all required documentation associated with the
labor compliance component of the project. For the initial removal phase, R.A. Atmore anticipates using
the following labor classifications to complete the work:
1. Determination:
SC -63-12-33-2014-1, Craft:
Landscape Operating Engineer;
2. Determination:
SC -23-102-2-2013-1, Craft:
Laborer and Related Classifications;
3. Determination
C -DT -830-261-10-2009-1,
Craft: Driver (On/Off-Hauling To/From Construction
Site); and
Boccharis
mulefat
4. Determination:
SC-LML-2013-1, Craft: Landscape
Maintenance Laborer.
Documentation for these labor classifications is included in Appendix A of this proposal.
Task 4 — Habitat Enhancement
R.A. Atmore will install mulefat cuttings and perform broadcast seeding of a non -irrigated native
seedmix within a portion of the Central Park Area. This habitat enhancement will be initiated after
initial removal work is completed in Central Park Area as part of Task 3. R.A. Atmore estimates that this
task will begin November 20, 2014 and will take approximately one day to complete. Delays in
regulatory agency responsiveness or winter storm events may have an effect on the actual start date
and timeframe for this phase of the project.
The plant palette for cutting installation is shown in Table 1.
Table 1— Plant Palette — Cuttings
Botanical
Common
Size
Planting notes
Number of
Name
Name
Cuttings/Plants
Boccharis
mulefat
36 -inch
1 cutting per hole
solicifolio
cuttings
Plant 2 to 5 feet on center
300
Total
300
Broadcast Seed Plant Palette
The plant palette for the broadcast seed mix is shown in Table 2. Due the limited potential for irrigation,
the seed mix has been designed as a non -irrigated mix (Table 2). The species and quantities listed may
vary slightly due to pricing and availability at the time of seed application.
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Proposal q ES -14-15-06 — Arundo Removal 9
City of Santa Clarita
Table 2 — Plant Palette — Broadcast Seed Mix
Botanical Name
Common Name
Pounds for Site
Acmispon glober
deerweed
3.48
Artemisia tridentata
big sagebrush
0.33
Bromus carinotus
Cucamonga brome
5.53
Encelio forinosa
brittlebush
3.40
Eriophyllum confertiflorum
golden yarrow
0.12
Eriogonum fasciculotum
California buckwheat
2.49
Eschscholzia californica
California poppy
1.16
Festuca microstachys
small fescue
2.32
Losthenia californica
dwarf goldfields
0.10
Phocelia ciliata
Great Valley phacelia
1.09
Salvia apiana
white sage
1.11
Stipa lepida
foothill needlegrass
0.85
Trifolium willdenovii
tomcat clover
1.74
Total
23.74
R.A. Atmore office manager, Shelli Brennan will provide all required documentation associated with the
labor compliance component of the project. For this task, R.A. Atmore anticipates using the following
labor classifications to complete the work (Appendix A):
1. Determination: SC -63-12-33-2014-1, Craft: Landscape Operating Engineer;
2. Determination: SC-LML-2008-1, Craft: Landscape Maintenance Laborer
Task 5 — Maintenance
Site maintenance will occur as needed, within initial removal areas with particular dates to be
determined by the monitoring visits described below. Maintenance treatments will occur when
resprouts of arundo reach heights between 6 inches and 3 feet. Based on the growth of arundo in the
late winter and spring, seasonal conditions, and the project deadline (June 30, 2015), it is anticipated
that three maintenance treatments would occur after initial removal is complete.
Maintenance treatments may also occur within additional portions of the project site where arundo and
tamarisk removal were completed during previous phases of the project. These additional treatments
would help facilitate the continued control of the target species within previous removal areas and
could begin as early as the estimated start date for initial removal activities, November 17, 2014. R.A.
Atmore is familiar with removal locations for previous phases and would be able to complete this task
efficiently.
As described in Task 2 above, coordination with the VCRCD and relevant SCARP permitting agencies will
be required for any maintenance treatments that occur after January 31, 2015 due to protective
measures listed the in permit documents. This coordination will determine any additional biological
surveys for breeding birds and special status species known to occur in the area that will be required
before maintenance can be performed after this date.
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Proposal q ES -14-15-06 — Arundo Removal 10
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Each maintenance treatment is estimated to take up to five days to complete by a four -person crew.
Maintenance treatments will consist of:
• Foliar herbicide application to any resprouts of plants treated during the implementation phase
of the project, as well as plants treated during previous phases of the project and additional
non-native plants as budget parameters allow (only herbicides approved for use in aquatic
environments will be used).
The plant species to be targeted during maintenance visits consist of:
• arundo-foliarspraymethod
• tamarisk - foliar spray or manual removal
• tree of heaven —foliar spray or cut stump
• other species such as Russian thistle, tree tobacco, and castor bean (if budget allows) — foliar
spray
R.A. Atmore office manager, Shelli Brennan will provide all required documentation associated with the
labor compliance component of the project. For the maintenance phase, R.A. Atmore anticipates using
the following labor classifications to complete the work (Appendix A):
1. Determination: SC -63-12-33-2014-1, Craft: Landscape Operating Engineer;
2. Determination: SC-LML-2008-1, Craft: Landscape Maintenance Laborer
Task 6 — Monitoring and Reporting
Monitoring visits to assess maintenance needs will be conducted by R.A. Atmore biologist, Christina
Sulzman, on a monthly basis. The first monitoring visit is anticipated to occur one month after the
completion of initial removal, approximately late January to late February 2015 (depending on when
initial removal is completed). If initial removal is delayed due to unforeseen circumstances, such as
permitting or rain delays, then it is anticipated that fewer monitoring visits may occur.
Two additional site visits will be conducted by the Ms. Sulzman to gather information for annual
reporting requirements for the SCARP permits (one for 2014 and one for 2015). The following
information will be collected during these monitoring visits:
• qualitative data regarding the overall percent of vegetation coverage, and the percent of native
and non-native vegetation;
• extent to which natural recruitment is occurring;
• list of plant species observed at the site, both native and non-native;
• observations regarding any issues or recommended maintenance measures beyond routine
maintenance levels; and
• photo documentation from established photo reference points to document site progress.
Two reports will be prepared by the R.A. Atmore staff and submitted to the VCRCD to provide
information to fulfill the annual SCARP reporting requirements (January 2015 after initial removal, and
June 2015 after final maintenance treatment). These reports will contain information gathered during
the above monitoring visits, and will convey the following:
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Proposal q ES-14-15-06—Arundo Removal 11
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• list of plant species observed at the site, both native and non-native;
• description of removal/treatment methodology for each targeted non-native plant species;
• photo -documentation (before and after) of non-native plant removal; and
• observations regarding any issues or recommended maintenance measures beyond routine
maintenance levels.
Section 5: Methodology
Initial Removal and Maintenance
Three techniques will be used for the initial removal of targeted non-native invasive plants (primarily
arundo and tamarisk) at the project site: cut stump, foliar spray, and manual removal. Due to the SCARP
permit requirements associated with special status species and leaving biomass within the project site,
and the time restrictions of the project (work to be completed by June 30, 2015), R.A. Atmore does not
anticipate that the use of a brush grinder or similar equipment will be possible or practical during initial
removal. The cut stump method is proposed for the initial arundo removal in order to comply with
restrictions associated with the potential for the presence of arroyo toad, and in order to allow for
herbicide application during initial arundo removal. Foliar spray will be used for smaller statured species
such as the Russian thistle present on the south bank of Bouquet Canyon Creek in the Central Park Area.
Manual removal and/or the cut -stump method may be utilized for of tamarisk, and any opportunistic
treatment of castor bean or tree tobacco. The maintenance phase of the project will utilize foliar spray
for application of herbicide.
Cut -Stump
The cut -stump method, also known as the cut -and -daub method or the cut -and -paint method, will be
used to remove arundo, tamarisk, tree of heaven, larger tree tobacco plants, tamarisk, and other woody
non-native invasive species. It may also be used in areas where soil disturbance must be minimized to
avoid impacts to special status wildlife.
For this removal technique, work crews will use chainsaws, loppers, weed whips, or similar hand-held
equipment to cut aboveground biomass as close to the ground as possible. Biomass will be removed
from the site for disposal as described in the Biomass Disposal section below. A hand-held sponge
painter or a hand pump sprayer will be used to apply herbicide to the stems of the cut plants. For
woody trunks, herbicide will only be applied to the metabolically active portion of the stump near the
edges (the cambium layer). Since the cut surface of the plant seals within minutes after cutting,
herbicide will be applied immediately to the freshly cut stems or trunks for best efficacy.
Follar Spray
The foliar spray method involves the application of a diluted herbicide solution (concentrations in
accordance with labels) to the stems and leaves of a targeted plant. This method will be used at the
project site for the initial treatment of Russian thistle, small tamarisk and tree tobacco plants, and for
the treatment of resprouts during the maintenance portion of the project. In order for greatest efficacy,
the leaves and stems are adequately wetted with spray solution, and care is taken to avoid spraying
non -target vegetation. Work crews will use backpack sprayers or truck -mounted spray equipment
(where appropriate) to apply herbicide to the target vegetation.
Vegetation treated with foliar spray at the project site will be left in place to decompose naturally and
provide wildlife habitat.
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City of Santa Clarita
Manual Removal
Manual removal will be used for small-scale removal of tamarisk seedlings, and any opportunistic
removal of castor bean, tree tobacco, or similar species. Manual removal involves the removal of an
entire plant, including the roots. Small seedlings will be pulled from the ground by hand, while larger
seedlings may be pulled using a weed wrench. All removed biomass will be disposed of in a landfill.
Plants removed by manual removal will have little potential to resprout as long as sufficient root mass is
removed.
Manual removal will not be used on large, mature plants, or in areas of rocky, saturated, or very xeric
soil. This technique will be discontinued if belowground portions of target plants are not being
effectively removed. It will also be avoided in the case of large dense 'carpets' of target species
seedlings, as other methods such as foliar spraying would be more efficient and effective.
Herbicides
Herbicides that will be used in this project are approved by the Environmental Protection Agency (EPA)
and California Department of Pesticide Regulation (DPR) for application to the target species, and are
approved for use under conditions of the SCARP programmatic permits. A glyphosate -based, aquatic -
approved formulation (Roundup Custom) will be used on arundo, and will be the primary herbicide
used for the project. A triclopyr-based, aquatic -approved formulation (Garlon 3A®) will be used for
tamarisk. A California DPR and EPA approved non-ionic surfactant such as Agri-Dez will be used with all
foliar herbicide applications requiring a surfactant. A non-toxic colorant will also be added to herbicide
mixes to enable crews to see where application has occurred after the initial evaporation of the
solution.
Glyphosate is a non-selective systemic herbicide that is effective in controlling a variety of vascular
plants, including arundo. For arundo, application during the late summer and early fall (before it
becomes dormant for the winter) is particularly effective. Glyphosate (as Aquamaster) is approved for
use in a variety of conditions where water is present, and has very low toxicity to mammals, birds, and
fish.
Triclopyr is a selective systemic herbicide that is effective for use on woody and herbaceous broadleaf
plants. This herbicide is particularly effective for tamarisk and tree of heaven. Although Garlon 3A® is
approved for use in aquatic areas such as wetlands and lakes, it is not approved for use in areas with
flowing water. As such, it will not be used within 20 feet of any flowing water within removal areas.
As required by the SCARP permits, R.A. Atmore will coordinate with the LACAC's office to obtain a PCA
recommendation for herbicide application. A certified herbicide applicator who holds a current
California DPR Qualified Applicator License (QAL) or a Qualified Applicator Certificate (QAC) will
coordinate all herbicide applications. In addition, all herbicides will be applied under controlled
circumstances following all label requirements.
Non-native Plant Biomass Disposal
The disposal method for non-native plant biomass removed as part of the project will be determined
based on the particular treatment method used, the type of plant species, and whether there is viable
seed or vegetative material present. All of the biomass removed as part of the initial removal effort for
the project will be removed and disposed of in a lawful manner offsite.
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Proposal # ES -14-15-06 — Arundo Removal 13
City of Santa Clarita
It is anticipated that the majority of vegetation -related work on this project will revolve around treating
arundo with the cut -stump method. As such, once individual arundo canes are cut, they will be hauled
manually or with a wheeled tractor to the staging area for chipping. Chips will be directed into a large
dump/haul truck. Once the truck is full, the chipped biomass will be transported to Chiquita Canyon
Landfill in Castaic for disposal.
Seed -bearing tamarisk biomass removed using the cut stump method will be hauled to designated
staging areas, loaded into large dump/haul trucks, and transported to Chiquita Canyon Landfill for
disposal. If tamarisk biomass is determined to be without seed, it will be chipped and disposed of as for
arundo above.
Resprouts treated using the foliar spray method will be left onsite to decompose and provide wildlife
habitat.
Flower/seed heads of castor bean will be cut and bagged at the removal location to reduce the risk of
seed dispersal, taken to designated staging areas, and disposed at the Chiquita Canyon Landfill. Seed -
bearing biomass of any other non-native plant species (removed on an opportunistic basis) will also not
be chipped in order to reduce opportunities for unintended seed dispersal. Such material will be
disposed of at the Chiquita Canyon Landfill. If cut seed -bearing biomass is stored in a staging area prior
to disposal, it will be placed on and covered with a plastic sheet or tarp to prevent any seed dispersal.
To further prevent dispersal, such biomass will also be transported in an enclosed manner, such as
covering by tarps during transport.
R.A. Atmore will work towards removing all cut biomass from the project site each day. However, if
stockpiles must be left overnight, they will be left in designated staging areas only. As required by the
SCARP permits, no stockpiles will be left within the bed or banks of the stream channel.
Habitat Enhancement
Two techniques will be used for the habitat enhancement within the Central Park Area: cutting
installation and broadcast seeding. Cuttings establish easily and develop roots adjusted to the site
conditions. Plant materials collected from cuttings are a genetic clone of the parent plant. Therefore,
collection of cuttings for the habitat enhancement will occur across many parent plants in order to
provide adequate genetic variation and to avoid stressing donor plants. Seeding can facilitate the
establishment of plants that are often well adjusted to site conditions. However, there may be a short
lag time in plant development associated with completion of initial growth.
All cuttings will be collected from the closest available site. Crews will consult with the Biological
Monitor to determine acceptable source locations for all plant materials.
Cuttings
Cuttings will be collected when donor plants are entering dormancy. Selections will be made from the
previous year's growth. Green wood from the current year's growth will be avoided. Cuttings will be
trimmed with a diagonal cut at the lower end of the stalk, and a straight cut in the upper end to allow
planting crews to properly orient the cuttings in the soil. All leaves and lateral stems will be removed
from collected material. Cuttings will be approximately 36 inches long, contain at least 5 buds, be free
of visible disease or damage, have a diameter of 0.25 to 0.75 inches, and have no significant bends or
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Proposal a ES -14-15-06 — Arundo Removal 14
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side branches. Cuttings will be placed in full buckets of clean water immediately and be allowed to soak
for 2 to 7 days before planting.
One cutting will be planted per hole with at least 18 inches of stem and 3 active buds underground. All
cuttings will be unirrigated.
Broadcast Seeding
Broadcast seeding consists of the application of a seedmix to an area through manual distribution.
Application areas will be raked before the seed is spread to increase surface texture and to create areas
to hold the seed. Once the seed has been broadcast, application areas will be raked again to blend seed
with the soil. Timing of the application will occur prior to a rain event to the extent possible. Seeds will
be purchased from a commercial seed supplier and will be locally native. The seed will be premixed in
order to facilitate consistent species distribution across the site and for ease of application.
Biological Surveys
General preconstruction surveys will be conducted before initial removal and before each maintenance
treatment by walking the project site and recording habitat, plant, and wildlife data, and noting general
weather conditions. Prior to the survey, all permit documentation and a search of the CDFW's California
Natural Diversity Database (CNDDB) (CDFW 2014) will be reviewed to identify special status plants,
wildlife, and habitats known to occur within 10 -miles of the project site.
Plant species will be identified in the field or collected for later identification using taxonomic keys in
"The Jepson Manual of Higher Plants of California" (Hickman 1993). All wildlife species detected during
the course of the survey will also be documented in field notes. During the survey, each vegetation type
will be evaluated for its potential to support special status species that are known or expected to occur
in the region (in particular, arroyo toad habitat will be identified). Birds will be identified by visual and
auditory recognition. Surveys for mammals will be conducted during the day and include searching for
and identifying diagnostic signs, including scat, footprints, scratch -outs, dust bowls, burrows, and trails.
Additional surveys, including nesting bird, nesting raptor, rare plant, and focused surveys for federally
listed species (such as the arroyo toad and least Bell's vireo), will also be conducted during their
breeding/growing seasons (during the maintenance phase of the project). These specialized surveys will
be conducted within 5 days of scheduled maintenance treatments utilizing the established methodology
for these species.
Section 6: Project Management
R.A. Atmore principal, Richard Atmore, and project manager, Anna Huber, will oversee and manage all
aspects of the implementation of the project, including:
• development of final project schedule;
• acquisition of regulatory approvals (VCRCD and associated regulatory agencies described in
Section 3 and Section 4);
• coordination with the City of Santa Clarita;
• coordination with Ecological Sciences (subcontractor); and
• coordination of initial removal and maintenance activities.
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Proposal # ES -14-15-06 — Arundo Removal 15
City of Santa Clarita
Ms. Huber will also provide regular on-site supervision of project implementation.
R.A. Atmore Field and Safety Manager, Greg Stanley, will coordinate field logistics and compliance with
all safety regulations.
R.A. Atmore lead foreman, Jesus Ramirez, will supervise the implementation of initial removal and
maintenance activities on a daily basis.
R.A. Atmore office manager, Shelli Brennan, will provide required documentation to comply with the
labor compliance requirements for the project.
R.A. Atmore will assign a field crew of 6 to 9 (depending on project needs) to implement the initial
removal, and a crew of four for maintenance activities.
R.A. Atmore biologist, Christina Sulzman, and subcontractor biologist, Scott Cameron, (approved by
regulatory agencies for the previous phase of the project) will provide the required preconstruction
surveys and biological monitoring for the initial removal and maintenance phases of the project.
Section 7: Assigned Personnel
R.A. Atmore staff assigned to the project will include the president/principal, Richard Atmore; project
manager, Anna Huber; biologist, Christina Sulzman; field and safety manager, Greg Stanley; office
manager, Shelli Brennan; and a field crew lead by foreman, Jesus Ramirez. R.A. Atmore will also utilize a
subcontractor, Scott Cameron from Ecological Sciences, for biological surveys and biological monitoring
tasks.
Personnel Profiles
R.A. Atmore
Richard Atmore Jr.. President/Principal
Mr. Atmore has 23 years' experience in the landscape and construction industries. He has managed a
wide variety of habitat restoration, mitigation installation, non-native plant removal, fuel load reduction,
and erosion control installation projects. He holds a California General Engineering Contractors License
(#778147-A) and a Qualified Applicator's License (#31104) from the Department of Pesticide Regulation.
Mr. Atmore also provides stewardship for over 7,000 acres of open space and rangeland in the Ventura
foothills and maintains a 350 head cow -calf operation on the property. Mr. Atmore was a principal in
charge for past arundo removal projects within the City's SSIP. He also works with the Ventura County
Fire Protection District on large-scale fuel modification projects and is President of the Central Ventura
County Fire Safe Council. He is a Director of the Ventura County Contractor's Association, a member of
the Ventura County Farm Bureau, the California Cattlemen's Association, the California Invasive Plant
Council, and the California Native Grasslands Association. Mr. Atmore received the 2011 Award for
Excellence in Agricultural Stewardship and Sustainability from the Ventura County Resource
Conservation District.
Mr. Atmore will complete the same tasks as in the previous phase of the project (2013-2014), including
project management and oversight for the project. Mr. Atmore will spend an estimated 18 hours to
complete these tasks.
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Proposal # ES -14-15-06 — Arundo Removal 16
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Professional Experience
President: R.A. Atmore & Sons Inc., Ventura, CA
1989 - Present
• Directs company mission and operations for two divisions under R.A. Atmore & Sons.
• Interfaces with local planning, land -use, finance, legal, and environmental organizations to
create positive relationships with community and civic leaders.
• Ensures efficient implementation of contracted projects by managing scope, schedules, quality
control, and monitoring overall operational performance of all projects.
• General Engineering Contractor's License, #778147-(A) since 1999
Owner: R.A. Atmore & Sons, Inc. - Natural Resources Division (formerly Foothill Weed Abatement),
Ventura, CA 1988 - Present
• Manages all aspects of environmental contracting and consulting company.
• Directly supervises all contracting projects.
• Coordinates labor crews for all contracting projects.
• Qualified Applicator's License, #31104 since 2002
• Contracts annually with:
o County of Ventura Public Works Agency— Watershed Protection District
o County of Ventura Public Works Agency — Transportation Department
o Ventura County Fire Protection District
o City of Moorpark
o City of Oxnard - Code Enforcement; Parks Dept.; Community Dev.; Housing
o City of Thousand Oaks
o Aera Energy (subcontractor for DeAngelo Brothers, Inc.)
o Calleguas Municipal Water District
o Casitas Municipal Water District
o Southern California Gas Company
Owner: R.A. Cattle Company- Ventura, CA
1988 - Present
• Owns and runs cattle ranch on Lloyd Properties Lease.
• Leases 7000 acres of grazing land with a 350 head cow/calf operation.
Principal: Wildscape Restoration, Inc., Ventura, CA
2006-2012
• Managed habitat restoration, mitigation implementation, and non-native plant removal
projects.
• Contributed to business development activities by identifying new opportunities, supporting
proposal development, giving presentations, and client interaction.
• Managed project contracts, insurance, and budgets up to $800,000; and supervised financials.
• Contracted with:
o Shea Homes
o Continuing Life Communities
o San Gabriel Mountains Conservancy
o Ventura County Resource Conservation District
o Ventura County Farm Bureau
o Ojai Valley Land Conservancy
R.A. Atmore & Sons, Inc. Natural Resources Division APE
Proposal # ES -14-15-06 — Arundo Removal 17
City of Santa Clarita
o Ventura County Transportation Department
o Wood-Claeyssens Foundation -Taylor Ranch
Property Manager: Lloyd Properties LLC, Ventura, CA
1995 - Present
• Maintains ranch infrastructure, paved dirt roads, drains, water systems, and fences.
• Coordinates and monitors all utility and pipeline companies.
• Coordinates and monitors all state and county agencies while on property.
• Gauges oil royalties, manages tenants, and coordinates permits with regulatory agencies.
• Monitors property leaseholders' oilfield activities.
• Manages open space and rangeland areas.
• Ensures erosion and stormwater pollution control practices are followed.
• Plans and implements Best Management Practice procedures.
• Manages projects and budgets up to $500,000.
Anna Huber, Project Manager and GIS Specialist
Ms. Huber has specialized in environmental project management and GIS for the past 8 years, and her
experience focuses on habitat restoration and evaluation. She has managed and coordinated watershed
planning projects, regulatory coordination and permitting projects, preparation of mitigation and
restoration plans including the design of plant palettes and seed mixes, annual monitoring and reporting
projects, and biological constraints and assessment projects. Ms. Huber's experience also includes
management and construction oversight of habitat restoration and non-native invasive plant removal
projects, and a variety of fieldwork including qualitative and quantitative habitat surveys, GPS -based
data collection, water quality monitoring, construction monitoring, and weather equipment installation.
This experience includes providing project management for past arundo removal projects within the
City's SSIP (including the recent phase completed from September 2013 to lune 2014). She is proficient
with ArcView GIS software and is experienced with GIS -based map creation for a variety of contexts and
applications. Ms. Huber holds a Bachelor of Arts degree in Geography with an emphasis on
Environmental Studies and is also a Certified Arborist (#WE -9671A).
Ms. Huber will complete the same tasks as in the previous phase of the project (2013-2014), including
project management, oversight, and site monitoring for the project. Ms. Huber will spend an estimated
284 hours to complete these tasks.
Professional Experience
Project Manager/GIS Specialist: R.A. Atmore & Sons, Inc., Ventura, CA
March 2011 — Present
• Manages and coordinates planning and implementation of non-native vegetation removal
projects, habitat restoration projects, regulatory permitting projects, and environmental
assessment/survey projects.
• Develops monitoring and assessment plans.
• Develops and prepares GIS -based maps, documents, and graphics.
• Supervises field crews.
• Performs fieldwork, including qualitative and quantitative surveys, GPS -based data collection,
and weather equipment installation.
R.A. Atmore & Sons, Inc. Natural Resources Division FAi EF
Proposal it ES-14-15-06—Arundo Removal 18
City of Santa Clarita
Senior Project Manager/GIS Specialist: Wildscape Restoration, Inc., Ventura, CA
June 2006 — March 2011
• Managed and coordinated planning, regulatory permitting, and implementation of habitat
restoration projects.
• Performed site visits to potential as well as current project sites and prepared adaptive
management solutions.
• Developed and prepared GIS -based maps, documents, and graphics.
• Coordinated and assisted with public outreach activities including workshops, meetings, and
websites.
• Prepared and reviewed grant proposals.
• Supervised field crews.
• Performed fieldwork, including qualitative and quantitative surveys, GPS -based data collection,
construction monitoring, and water quality testing and sampling.
Project Experience
Non -Native Vegetation Removal
City of Santa Clarita, Santa Clarita, California
• Arundo Removal — Site Specific Implementation Project (2008, 2009, 2010-2011), City of Santa
Clarita Arundo Removal Project (2013-2014)
o Regulatory Permit Coordination, Biological Survey, Construction Management, Habitat
Restoration — Project Manager
United Water Conservation District
• Santa Felicia Tamarisk Removal Project— Project Manager, Site Monitor
Wood-Cloeyssens Foundation —Santa Barbara, California
• Taylor Ranch Arundo Removal Project — Project Manager, Site Monitor
• Lower Ventura River Arundo Removal Project — Project Manager, Site Monitor
Watershed Planning
Ventura County Resource Conservation District, Somis, California
• Upper Santa Clara River Watershed Arundo/Tamarisk Removal Program (SCARP)
o Long -Term Implementation Plan and EIR —Technical Project Assistant
• Upper Santa Clara River Watershed Arundo/Tamarisk Removal Programmatic Permits (USCPP)
o Programmatic Regulatory Permits—Assistant Project Manager
• Santa Clara River Watershed Invasive Plant Removal (SCIPR) Program
o Long -Term Implementation Plan, Data Gap Analysis, EIR, and Permits — Assistant Project
Manager/GIS
• Calleguas Creek Watershed Arundo/Tamarisk Removal Program (CCARP)
o Long -Term Implementation Plan, EIR, and Permits—Technical Assistance/GIS
San Gabriel Mountains Regional Conservancy, Glendora, California
• Walnut Creek Habitat Enhancement and Non -Native Invasive Plant Removal Project
o Long -Term Implementation Plan, — Assistant Project Manager/GIS
Habitat Mitigation/Revegetation Planning and Implementation
Continuing Life Communities, Thousand Oaks, California
• University Village Retirement Community Development
o Habitat Mitigation and Monitoring Plan — Project Manager, GIS
o HydroseedApplication— ProjectManager
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Proposal tt ES-14-15-06—Arundo Removal 19
City of Santa Clarita
o Mitigation Implementation and Maintenance —Project Manager, Site Monitor
o Revegetation Implementation and Maintenance — Project Manager, Site Monitor
Ventura County Transportation Department, Ventura, California
• Telegraph Road Bridge Mitigation Project
o Mitigation Implementation, Progress Monitoring and Reporting — Project Manager, Site
Monitor
• Casitas Vista Road Emergency Opening Project Site
o Mitigation Implementation, Progress Monitoring and Reporting — Project Manager, Site
Monitor
• Santa Ana Road Emergency Opening Project Site
o Mitigation Implementation, Progress Monitoring and Reporting — Project Manager, Site
Monitor
• Grimes Canyon Road Bridge 226 Mitigation Site
o Mitigation Monitoring, Reporting, and Maintenance — Project Manager, Site Monitor,
GIS
• Grimes Canyon Road Bridge 225 Mitigation Site
o Mitigation Monitoring and Reporting — Project Manager, Site Monitor, GIS
Regulatory Permitting
Wood-Cloeyssens Foundation — Santa Barbaro, California
• Diablo Canyon Creek Stream Crossing— Project Manager, GIS
• Taylor Ranch Arundo Removal Project— Project Manager, GIS
• Lower Ventura River Arundo Removal Project— Project Manager, GIS
• Taylor Ranch Water Well Installation Project — Project Manager, GIS
Lloyd Properties — Warner Center, California
• Lake Canyon Sump Protection Project — Project Manager
Private Landowners — Ventura County, California
• Hopper Creek Flood Protection Project —Project Manager
• Haines Barranca and Adams Barranca Channel Clearing Project — Project Manager
• Walnut Creek Tributary Channel Clearing — Project Manager
Christina Sulzman. Biologist
Ms. Sulzman specializes in wildlife biology with an emphasis on avian species. She has 19 years of
experience as a biologist, including 6 years professional experience as an environmental consultant. This
experience includes project management; assisting with regulatory permit acquisition and compliance,
including California Environmental Quality Act (CEQA)/ National Environmental Policy Act (NEPA)
compliance; and the preparation of environmental documentation, including biological assessments,
mitigation and monitoring plans, and CEQA documents. As a biologist, Ms. Sulzman conducts avian
surveys, such as focused surveys for endangered, threatened, and sensitive bird species (including
species such as least Bell's vireo, burrowing owl [Athene cuniculorial, and Swainson's hawk [Buteo
swoinsoml); nesting bird surveys; general wildlife surveys; habitat assessments; vegetation mapping;
management of non-native invasive plant species removal; and construction monitoring in a variety of
habitats in southern California. Ms. Sulzman holds a Bachelor of Science degree in Biology and
Geography, and also holds a current State of California Scientific Collectors Permit (SC -10203).
R.A. Atmore & Sons, Inc. Natural Resources Division
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Proposal # ES -14-15-06 — Arundo Removal 1 20
City of Santa Clarita
Ms. Sulzman will complete the same tasks as in the previous phase of the project (2013-2014), including
conducting biological surveys and project site monitoring, and will provide biological monitoring for the
project. Ms. Sulzman will spend an estimated 520 hours to complete these tasks.
Professional Experience
Biologist, R.A. Atmore & Sons, Inc. June 2011— Present
Biologist, Rincon Consultants, Inc. April 2011 — November 2012
Biologist/Assistant Project Manager: Wildscape Restoration, Inc. March 2008—January 2011
Field Crew/Field Crew Leader: Institute forWildlife Studies March 2002 — February 2004
Biologist: Glen Lukas Associates 2001
Field Biologist: University of Arizona 2000 — 2001
Field Biologist/Co-Project Manager: Massachusetts Division of Wildlife 1999
Biological Technician: U.S. Fish and Wildlife Service, Honolulu, HI 1997 —1999
Field Biologist: U.S. Fish and Wildlife Service, Milbridge, ME 1998
Biological Technician: U.S. Fish and Wildlife Service, National Biological Service, Volcano, HI
1996-1997
Biological Technician: National Park Service, National Biological Service, Indiana Dunes National
Lakeshore, IN 1992 — 1995
Qualifications
• Ms. Sulzman assisted with permit coordination, preparation of reports, and biological surveys
for the previous phase of removal within the site specific implementation area for the City of
Santa Clarita's Arundo Removal Project (September 2013 to June 2014).
• Ms. Sulzman has worked extensively on threatened and endangered bird research and recovery
projects, and has worked with private, public, military, and government groups and agencies to
address issues related to species conservation.
• Using her expertise in ornithology, she has conducted surveys and assisted in management of
the San Clemente loggerhead shrike (Lanius ludovicianus mearnsi), Laysan finch (Telespiza
cantons), Laysan duck (Anus loysanensis), Hawaiian crow (Corvus hawoiiensis), and the Palila
(Loxioides bailleui), a species of Hawaiian honeycreeper.
• Ms. Sulzman also has conducted general nesting bird surveys, and has conducted or assisted in
surveys for numerous sensitive avian species on the California mainland, including but not
limited to least Bell's vireo, California black rail (Laterallus jomaicensis coturniculus), western
snowy plover (Charadrius alexandrines nivosus), California least tern (Sternula antillorum
brown), southwestern willow flycatcher, burrowing owl, Swainson's hawk, and nesting raptors.
• Ms. Sulzman has assisted with focused protocol surveys for sensitive wildlife species, including
least Bell's vireo.
• Ms. Sulzman is experienced in vegetation mapping in southern California riparian habitat.
• Ms. Sulzman has assisted with the management of habitat and resource management projects,
and has experience in the restoration of wetland/riparian communities in southern California.
• Ms. Sulzman has experience implementing construction monitoring for compliance with
regulatory agencies, specifically for the avoidance and minimization of impacts to sensitive
biological resources, including federally listed species.
R.A. Atmore & Sons, Inc. Natural Resources Division APE,
Proposal # ES -14-15-06 — Arundo Removal 21
City of Santa Clarita
Project Experience
Avian Surveys / Research
• Least Bell's Vireo Focused Surveys - Taylor Ranch, Ventura County Watershed Protection
District, Ventura County, CA
• Protocol level surveys - southwestern willow flycatcher, western snowy plover, and California
least tern surveys (> 40-hrs each), San Diego, Kern, and Ventura Counties, CA
• Swainson's hawk nest and census surveys, burrowing owl focused surveys, general raptor
surveys, Los Angeles and Kern Counties, CA
• General nesting bird surveys — various projects, including but not limited to Ventura County
Watershed Protection District (Jepson and Real Debris Basins, Brown Barranca), Ventura County
Resource Conservation District, Taylor Ranch, Ventura County, CA
• Fish monitoring (including federally listed threespine stickleback) for water release,
Metropolitan Water District of Southern California, Santa Clara River, Los Angeles County, CA
• Crew Leader, crew member - San Clemente Loggerhead Shrike Recovery Project (implemented
husbandry, monitoring, release, and post -release methodologies for the federally endangered
San Clemente Loggerhead Shrike for the U.S. Navy), Institute for Wildlife Studies, San Clemente
Island, CA
• Point count surveys (tape playback surveys) for California black rails (California state listed
species), various locations in AZ, CA
• Nesting and habitat surveys, and predator management for the federally endangered Palila
(Hawaiian honeycreeper) and'Alala (Hawaiian crow), Island of Hawaii, HI
• Nesting bird surveys and population studies (including bird banding) for several seabird species,
and population counts for 2 endemic federally listed species (Laysan finch and Laysan duck) on
remote field stations in Hawaii, U.S. Fish and Wildlife Service, HI
• Habitat assessments, plant studies, and population studies for the federally endangered Karner
blue butterfly, Indiana Dunes National Lakeshore, IN
Construction Monitoring/Regulatory Permit Compliance Monitoring
• Arundo/giant reed removal — various projects, Taylor Ranch, Ventura County Resource
Conservation District, City of Ventura, Ventura County Watershed Protection District, Ventura
County, CA
• Biological monitoring, oak tree removal and debris basin cleanup (Jepson and Real debris
basins), Ventura County Watershed Protection District, Ventura County, CA
• Biological monitoring/water quality monitoring for repair work along Brown Barranca, Ventura
County Watershed Protection District, Ventura County, CA
• Biological monitoring for regulatory permit compliance in coastal zone for construction project,
Carpinteria, CA
• Biological monitoring for regulatory permit compliance for geological surveys, Lang Ranch
Community Park Project, Conejo Parks and Recreation District, Ventura County, CA
Watershed Planning
• Upper Santa Clara River Arundo/Tamarisk Removal Programmatic Permits (USCPP), technical
assistance with regulatory programmatic permits, Ventura County Resource Conservation
District, Santa Clara River Watershed, Ventura County, CA
• Santa Clara River Invasive Plant Removal (SCIPR) Program, technical assistance with the
development of Long -Term Implementation Plan, CEQA documents, and permits, Santa Clara
River Watershed, Ventura County, CA
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Calleguas Creek Arundo/Tamarisk Removal Program (CCARP), Project Manager for development
of Long -Term Implementation Plan, CEQA (Environmental Impact Report) and NEPA document
preparation, arundo/giant reed removal project implementation, vegetation mapping, and
project permitting, Calleguas Creek Watershed, Ventura County, CA
Walnut Creek Habitat Enhancement and Non -Native Invasive Plant Removal Project, technical
assistance with the development of Long -Term Implementation Plan, San Gabriel Mountain
Regional Conservancy, Glendora, CA
Shelli Brennan, Office Manager/Quality Specialist
Ms. Brennan has over 25 years' experience in office management and several years' experience working
with ISO 9001 program compliance and auditing. Ms. Brennan has worked in the oil, engineering
consulting, and construction industries in Ventura County. She has assisted in the project management
of many large geotechnical engineering projects and has managed several internal compliance
programs. She has experience in writing processes and procedures and internal auditing to comply with
ISO 9001 certification. She has served on the Best Practices Committee of a large engineering company
and is a certified Internal Auditor and Notary Public. Ms. Brennan also has experience in administering
payroll for projects requiring prevailing wage/labor compliance.
Ms. Brennan will complete the same tasks as in the previous phase of the project (2013-2014), including
oversight of labor compliance for the project. Ms. Brennan will spend an estimated 116 hours to
complete this task.
Professional Experience:
Office Manager: R.A. Atmore & Sons, Inc., Ventura, CA
May 2013 — Present
• Office Management for a small construction company
• Bookkeeping --including AP, AR, and payroll (prevailing wage and certified payroll) --QuickBooks
• Contract Administration
• Human Resources duties (interviewing, hiring, and departing employees)
• Labor Compliance (State and Federal laws/regulations)
• Preparation of relevant management reports, including weekly, monthly, quarterly and year-end
Quality Specialist: Fugro Consultants, Inc., Ventura, CA
May 2011— May 2013
• Assist Quality, Health, and Safety Manager in reviewing company processes and practices
against ISO 9001 requirements
• Assist Corporate Counsel by maintaining contract database, facilitating and calendaring contract
review
• Webmaster for company intranet site
• Conduct annual internal audits of various company offices to ensure compliance with ISO 9001
• Administer Client Satisfaction Survey Program
• Member of company's Best Practices Committee
R.A. Atmore & Sons, Inc. Natural Resources Division �.�..,
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Proposal # ES -14-15-06 — Arundo Removal 23
City of Santa Clarita
Executive Assistant /Office Manager: Fugro Consultants, Inc., Ventura, CA
October 2006 — May 2011
• Executive Assistant to President, Managing Director, and Operations Manager
• Supervised Receptionist and Office Assistant
• Maintained administrative budgets and approved all administrative invoices
• Coordinated meetings and recorded minutes
• Made travel arrangements (domestic and international) for executive staff
• Planned company events
• Maintained insurance certificates and vendor contracts
Office Manager\Bookkeeper: R.A. Atmore & Sons, Inc., Ventura, CA
1998 — October 2006
• Office Management for a small construction company
• Bookkeeping (including AP, AR, and payroll --QuickBooks)
• Contract Administration
• Human Resources duties (interviewing, hiring, and departing employees)
• Labor Compliance (State and Federal laws/regulations)
• Job Scheduling
Administrative Assistant: Stewart & Stevenson Operations, Inc., Camarillo, CA
1996-1998
• Administrative duties for a staff of 12 at a Cogeneration Power Plant
• Managed budget for plant and approved invoices
• Designed an accounts payable/budget program in Access
• Maintained daily and monthly Production Reports in Excel
• Selected as the Western Region Business Practices Representative (conducted
training/record keeping for the Business Ethics Program)
Personnel Administrator: Oil Country Manufacturing, Ventura, CA
1994-1995
• Human Resources duties for a staff of 100 at a manufacturing company
• Labor Compliance (State and Federal laws/regulations)
• Assisted Sales Department in preparing quotes and organizing meetings
• Assisted Safety Director in implementing Safety Program
Greg Stanley. Field and Safety Manager
Mr. Stanley has several years' experience in the construction and oilfield industries and has extensive
experience in logistical organization and field safety procedures. He has gained experience with non-
native vegetation removal projects during the past year. His range of construction experience includes
grading, trenching, backfilling, compaction, demolition, and pipefitting. Mr. Stanley holds a General
Engineering A License, a Bachelor of Science degree in Organizational Management and several safety
certifications. Mr. Stanley is bilingual in Spanish.
Mr. Stanley will complete the same tasks as in the previous phase of the project (2013-2014), including
logistics and safety compliance. Mr. Stanley will spend an estimated 133 hours to complete this task.
R.A. Atmore & Sons, Inc. Natural Resources Division «�«•
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Proposal # ES-14-15-06—Arundo Removal 124
City of Santa Clarita
Representative Project Experience
City of Santa Clarita, Santa Clarita, CA (2013-2014)
• Arundo Removal —Santa Clara River Arundo Removal Project
o Field manager for implementation of non-native vegetation removal (arundo in
particular) and maintenance treatments.
Ventura County Watershed Protection District (VCWPD), Ventura, CA (2014)
• Field manager for a broad range of vegetation management, non-native plant removal
(including arundo), herbicide application, and mitigation site installation projects for the VCWPD
throughout Ventura County.
DeAngelo Brothers, Inc. (DBI), Ventura, CA (2014)
• Field manager for a broad range of weed abatement, non-native plant removal (including
arundo), herbicide application, and hydroseed application for DBi at various client locations
throughout Ventura, Los Angeles, and Kern Counties.
Jesus Ramirez, Lead Foreman
Mr. Ramirez is an experienced vegetation management specialist and has worked in the habitat
restoration field for over 16 years. He specializes in invasive plant removal including arundo, tamarisk
and others, as well as the installation of native plants for habitat restoration and mitigation projects.
Mr. Ramirez has experience as lead foreman for past arundo removal projects within the City's SSIP, and
as lead foreman on hundreds of projects over the past 16 years. He has harvested and installed
thousands of native plant cuttings, installed extensive irrigation systems, is skilled at herbicide
application and native plant identification, and has Installed a variety of erosion control materials. Mr.
Ramirez is certified in Safety Training and Oilfield Hazard Awareness by Associated Builders &
Contractors Central California Chapter. He is also a certified welder, a skilled operator of various
trucks/tractors and equipment, as well as a ranch manager.
Mr. Ramirez complete the same tasks as in the previous phase of the project (2013-2014), including
serving as the lead foreman for the implementation of initial removal and maintenance activities for the
project. Mr. Ramirez will spend an estimated 576 hours to complete these tasks.
Representative Proiect Experience
City of Santa Clarita, Santa Clarita, CA (2008, 2009, 1010-2011, 2013-2014)
• Arundo Removal — Santa Clara River Arundo Removal Project
o Lead foreman for implementation of non-native vegetation removal (arundo in
particular) and maintenance treatments.
United Water Conservation District, Santa Paula, CA (1013)
• Tamarisk Removal — Lake Piru, Piru, CA
o Lead foreman for tamarisk removal project from various locations around Lake Piru.
Ventura County Watershed Protection District (VCWPD), Ventura, CA (2003-2014)
• Lead foreman for a broad range of vegetation management, non-native plant removal (including
arundo), herbicide application, and mitigation site installation projects for the VCWPD
throughout Ventura County.
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Proposal # ES -14-15-06 — Arundo Removal 25
City of Santa Clarita
Shea Homes, Corona, CA (2006)
• Arundo Removal — RiverparkCommunityDevelopment
o Lead foreman for implementation of non-native vegetation removal (arundo in
particular) and maintenance treatments.
Subcontractors
Ecological Sciences, Inc.
Scott Cameron, Principal Biologist
Mr. Cameron has over 20 years of biological consulting experience. He has participated in the
preparation of hundreds of various biological technical studies throughout California since 1990. He also
has extensive experience in sensitive biological resources inventories, endangered species surveys,
general wildlife biology, environmental mitigation monitoring, and wildlife and botanical habitat
evaluations in the California counties of San Bernardino, Los Angeles, Kern, Riverside, San Diego,
Orange, Fresno, Kings, Tulare, Santa Barbara, Alameda, Ventura, Santa Barbara, Monterey, Imperial, Del
Norte, Sacramento, and San Joaquin. Mr. Cameron has extensive survey experience in Wyoming,
Nevada, and Utah as well. He provides project management and direction, preparation of
environmental documents under the Endangered Species Act (ESA), California Environmental Quality Act
CEQA, NEPA, endangered species expertise, biological resources consultation, biological construction
monitoring and sensitive biological resources educational training for a wide range of projects. He
develops and implements mitigation and monitoring plans, permitting strategies, manages construction
monitoring, and provides endangered species permitting assistance. Mr. Cameron also conducts
wetland delineations and permitting per USACE and CDFW requirements.
Mr. Cameron will complete the same tasks as in the previous phase of the project (2013-2014), including
conducting biological surveys (arroyo toad, general preconstruction, special status species) and
providing biological monitoring and oversight of biological monitoring for the project. Mr. Cameron's
qualifications are further detailed in Section 11. He will spend an estimated 382 hours to complete
these tasks.
Section 8: Schedule
Table 1 below provides a summary of the proposed schedule by R.A. Atmore for the project, including
estimated number of hours and timeframe for each task.
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Proposal ft ES -14-15-06 — Arundo Removal 126
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Table 3 — Project Schedule
Project Activity
Approximate Start
Date
Approximate End
Date
Primary Assigned Personnel
Estimated No.
of Days
No. of
Labor Hours
Regulatory Permit Coordination
SCARP Permit Coordination (VCRCD)
9/24/2014
11/6/2014
Project Manager, Biologist
2
32
LACFCD Permit
9/24/2014
11/6/2014
Project Manager, Biologist
1.5
20
LACAC Coord. and PCA Recommendation
9/24/2014
11/6/2014
Project Manager
1.5
12
Notification to Neighbors within 100 Feet
10/8/2014
10/10/2014
Project Manager, Biologist
5
48
Biological Surveys/Monitoring
Initial Removal/Habitat Enhancement
Preconstruction Survey
11/10/2014
11/11/2014
Subcontractor (Biologist), Biologist
7
62
Environmental Education Documentation
11/10/2014
11/11/2014
Biologist
2
15
Biological Construction Monitoring
11/17/2034
1/30/2015
Subcontractor (Biologist), Biologist
59
422
Maintenance Treatments
Preconstruction/Focused Surveys
3/5/2015
6/19/2015
Subcontractor (Biologist), Biologist
9
79
Biological Construction Monitoring
3/9/2015
6/25/2015
Subcontractor (Biologist), Biologist
21
174
Initial Arundo and Tamarisk Removal
Supervision of Work Activities
11/17/2014
1/30/2015
Principal & Project Manager
11
82
Removal Work
11/17/2014
1/30/2015
Foreman, Crew (6-9)
59
3,304
Labor Compliance
11/17/2014
1/31/2015
Office Manager, Field Manager
20
96
Habitat Enhancement (installation of Cuttings and Broadcast Seeding)
Supervision of Work Activities
11/17/2014
principal & Project Manager
1
8
Cutting Collect & Install, Seeding
11/17/2014
11/17/2014
Foreman, Crew (6)
2
32
Labor Compliance
11/17/2014
Office Manager, Field Manager
1
2
Maintenance
Supervision of Work Activities
3/5/2015
6/25/2015
Principal, Project Manager
4
24
Foliar Spraying
3/9/2015
6/25/2015
Foreman, Crew (4)
21
624
Labor Compliance
3/9/2015
6/25/2015
Office Manager, Field Manager
6
54
Monitoring and Reporting
Monitor Site Conditions (Resprouts)
2/16/2015
6/25/2015
Biologist
6
48
Progress Photos, Reports for VCRCD
2/2/2015
6/30/2015 1
Project Manager, Biologist
9 1
72
R.A..Atmore& Sons, Inc. No! wol Resources Division
Proposal # ES -14-15-06 — Arundo Removal 27
City of Santa Clarita
Section 9: Program Monitoring
R.A. Atmore will provide project management and oversight in order monitor the progress of all phases
of the project. The R.A. Atmore principal, Richard Atmore and project manager, Anna Huber will
coordinate with the City for all phases of the project.
Ms. Huber will provide overall management, oversight, and coordination for all aspects of the project,
including direct coordination with the VCRCD and LACFCD for all regulatory permitting; the LACAC for
the PCA recommendation; the R.A. Atmore biologist, and subcontracted biologist for all biological
surveys and monitoring; the R.A. Atmore field and safety manager for logistical and safety coordination;
the R.A. Atmore foreman and crew for all project implementation; and the R.A. Atmore administrative
staff for all labor compliance.
R.A. Atmore biologist, Christina Sulzman, and subcontracted biologist, Scott Cameron will coordinate
with the permitting agencies and the R.A. Atmore field crew to provide required biological surveys and
monitoring.
R.A. Atmore field and safety manager, Greg Stanley, will coordinate with the R.A. Atmore project
manager and R.A. Atmore field crew to facilitate compliance with all pertinent safety regulations and to
attend to logistical issues such as acquisition of materials and equipment availability.
The R.A. Atmore field crew, led by foreman Jesus Ramirez, will coordinate with the R.A. Atmore
biologist, subcontracted biologist, the R.A. Atmore field and safety manager, and the R.A. Atmore
administrative staff during project implementation to comply with biological monitoring and labor
compliance requirements.
R.A. Atmore office manager, Shelli Brennan, will coordinate with the City, the R.A. Atmore project
manager, the R.A. Atmore field and safety manager, and the R.A. Atmore field crew to provide required
labor compliance documentation.
A workflow diagram is provided in Figure 2.
Section 10: City Resources
R.A. Atmore anticipates coordinating with Heather Merenda, Sustainability Planner for the City's
Environmental Services Division, regarding project management and scheduling. R.A. Atmore may also
need to coordinate with other City staff regarding access to certain areas that require using the bike
path, including opening locked gates or the potential removal of a small amount of fencing.
Section 11: Subcontractors
R.A. Atmore will utilize one subcontractor, Scott Cameron from Ecological Sciences, Inc., to provide
selected biological surveys and biological monitoring tasks. In particular, the subcontractor has
specialized regulatory permits to monitor for arroyo toad.
Ecological Sciences, Inc.
Ecological Sciences is a multi -disciplinary environmental consulting firm located in Ventura County,
Santa Paula, California. Pre -project environmental constraints analysis and technical biological studies
R.A. Atmore & Sons, Inc. Natural Resources Division
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Proposal # ES -14-15-06 — Arundo Removal 28
City of Santa Clarita
Figure 2 — Program Monitoring — Workflow Diagram
City of Santa Clarita Arundo Removal Project (#ES -14-15-06)
R.A. Atmore Principal
R.A. Atmore Project Manager :D City of Santa Clarita
Permit Coordination Biological Surveys/Monitoring Project Implementation Labor Compliance
VCRCD LACFCD < 31 R.A. Atmore Biologist <> R.A. Atmore Field Manager H R.A. Atmore
LACAC Subcontractor and Field Crew Administrative Staff
Proposal a ES -14-15-06 — Arundo Removal 129
City of Santa Clarita
are the firm's primary fields of expertise. Recent renewable energy projects include conducting focused
biological surveys for the proposed development of three large solar projects near Blythe and EI Centro,
California and facility siting surveys for meteorological tower (Met tower) installation used for wind
resource assessments located in a Los Angeles County Significant Ecological Area (SEA). Multiple other
biological/jurisdictional resource assessments were conducted in Los Angeles, Ventura, Riverside, San
Bernardino, San Diego, and Sacramento counties. Currently (2010-2014), Scott Cameron, Principal
Biologist for Ecological Sciences, is a California Public Utilities (CPUC) approved lead biologist for the
Southern California Edison (SCE) Tehachapi Renewable Transmission Project (TRTP) for multiple special -
status and listed species and is approved for work on the Angeles National Forest (ANF).
Since its inception in July 2000, Ecological Sciences has specialized in the preparation of environmental
documents prepared under the CEQA, NEPA, and Federal ESA and State CESA. Ecological Sciences has
prepared CEQA and required Habitat Conservation Plan (HCP) documents and associated technical
studies for over 200 clients, including both public and private entities. It is also important to note that
for the majority of these clients, we have completed several different projects, demonstrating their
confidence in our ability to perform.
Scott Cameron, Principal Biologist
Qualifications
Mr. Cameron has over 20 years of biological consulting experience. He has participated in the
preparation of hundreds of various biological technical studies throughout California since 1990. He also
has extensive experience in sensitive biological resources inventories, endangered species surveys,
general wildlife biology, environmental mitigation monitoring, and wildlife and botanical habitat
evaluations in the California counties of San Bernardino, Los Angeles, Kern, Riverside, San Diego,
Orange, Fresno, Kings, Tulare, Santa Barbara, Alameda, Ventura, Santa Barbara, Monterey, Imperial, Del
Norte, Sacramento, and San Joaquin. Mr. Cameron has extensive survey experience in Wyoming,
Nevada, and Utah as well. He provides project management and direction, preparation of
environmental documents under the Endangered Species Act (ESA), CEQA, NEPA, endangered species
expertise, biological resources consultation, biological construction monitoring and sensitive biological
resources educational training for a wide range of projects. He develops and implements mitigation and
monitoring plans, permitting strategies, manages construction monitoring, and provides endangered
species permitting assistance. Mr. Cameron also conducts wetland delineations and permitting per
USACE and CDFW requirements.
Mr. Cameron holds five federal Section 10(a) permits (TE -808242-8) to conduct focused surveys for
arroyo toad, California red -legged frog, coastal California gnatcatcher, Delhi sands flower -loving fly, and
Pacific pocket mouse (1996-2017). Mr. Cameron is also certified to conduct surveys for the flat -tailed
horned lizard by the Arizona Department of Fish and Game and approved by USFWS to conduct desert
tortoise surveys. Mr. Cameron also holds a current State of California Scientific Collectors Permit (SC -
6864 2010-2016).
Education/Permits/Certifications
• B.A., Environmental Studies (Natural Resource Management Emphasis; graduate -level courses in
Ecology), University of California, Santa Barbara
• Federal Section 10(a) Permit to capture and release threatened and endangered amphibian
species, arroyo toad, (TE -808242-8) 1996-2017
------------- _. _._
R.A. Atmore & Sons, Inc. Natural Resources Division OW=
Proposal # ES -14-15-06 — Arundo Removal 30
City of Santa Clarita
• Federal Section 10(a) Permit to capture and release threatened and endangered amphibian
species, California red -legged frog, (TE -808242-8) 1996-2017
• Completed 38 -Hour Army Corps of Engineers Wetland Delineation Program (Richard Chin 2009)
• Certification, Flat -tailed Horned Lizard Survey Techniques, Arizona Department of Game and
Fish
• CDFG Scientific Collecting Permit (SC -6864)
• Certification, Marine Sciences Program, Santa Barbara City College
• Certification, Rescue Diver, PADI
Relevant Work Experience
Representative Herpetological Experience
Approved Permitted Surveyor by USFWS in support of the City of Santa Clarita's Arundo Removal Project
(September 2013 to lune 2014). Conducted pre -construction surveys within areas D, E, F, and G of the
SSIP area (Santa Clara River). Surveys were conducted under the authority of federal permit No. TE -
808242 -8.
Principal Permitted Investigator for conducting numerous focused herpetological surveys associated
with several Newhall Ranch projects (2001-2006) located in the Santa Clara River and San Francisquito
Creek area, Los Angeles County. Conducted focused nighttime surveys for arroyo toad, southwestern
pond turtle, and two -striped garter snake. Documented presence of arroyo toad.
Principal Investigator for management and implementation of The Southern California Gas Company's
Programmatic Permit/Biological Opinion, Northern Service Territory. Responsible for environmental
compliance throughout the permit area, which includes Kern, Los Angeles, Fresno, Kings, Ventura, and
Tulare counties. Performed focused surveys for arroyo toad and California red -legged frog in portions of
Cherry Creek, tributary to Sespe Creek, Ventura County, California.
Principal Investigator for conducting focused surveys for arroyo toad for United Water Conservation
District. Observed 100's of clutches, tadpoles, and juveniles within extensive areas of arroyo toad
habitat over a several month period. Conducted water quality sampling at each clutch site that included
temperature, pH, DO, salinity, turbidity, and conductivity. Described stream characteristics.
Principal Investigator for conducting focused surveys for, and translocation of, ±1,000 arroyo toads for a
river diversion (Santa Margarita River) project on USMCB Camp Pendleton. Established numerous pitfall
trap lines and drift fencing within extensive areas of arroyo toad habitat over a several month period.
Project Ecologist for numerous surveys for arroyo toad in Orange and San Diego counties, primarily
along San Mateo Creek. Surveys were conducted per USFWS protocol and involved identifying toads by
vocalization and direct observation (including juveniles and tadpoles). Additionally, all arroyo toad
locations were mapped for future population estimates and distributional information. Observed
hundreds of arroyo toads during the course of these surveys including adults, juveniles, and tadpoles.
Project Ecologist for conducting numerous focused and/or habitat evaluations surveys over a two-year
period along the proposed Foothill Transportation Corridor (FTC) located in Orange and San Diego
counties, California. Focused surveys included those for arroyo toad, spadefoot toad, silvery legless
lizard, coastal rosy boa, orange -throated whiptail, San Bernardino ring-necked snake, coast patch -nosed
R.A. Atmore & Sons, Inc. Natural Resources Division �.�..o
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Proposal q ES-14-15-06—Arundo Removal 131
City of Santa Clarita
snake, southwestern pond turtle, San Diego horned lizard, and red diamond rattlesnake. Recorded and
observed numerous arroyo toads during the survey efforts.
Representative Avian Experience
Project Ecologist/Principal Investigator for 150+ nesting bird surveys conducted in Ventura, San
Bernardino, Imperial, Orange, San Diego, Los Angeles, and Riverside counties. Mapped nesting
territories and documented numerous fledglings. Also conducted nesting bird surveys and monitoring
activities as a lead biologist on TRTP in 2010 for geotechnical tasks and 2011-2012 (February -September)
for pre -activity nesting bird surveys on Segments 4-11. Documented numerous nests and entered
survey results into electronic database each day.
Senior Biologist/Principal Investigator for multiple least Bell's vireo surveys conducted in San
Bernardino, Riverside, Ventura, San Diego, and Los Angeles counties.
Principal Investigator for over 90 western burrowing owl surveys conducted in Kern, San Bernardino,
Riverside, Los Angeles, Imperial, Sacramento, and Ventura, counties for various clients throughout
southern California. Observed hundreds of owls during the course of these surveys. Mapped nesting
territories and documented/photographed numerous fledglings. Employed passive relocation
techniques at numerous sites.
Senior Biologist for numerous riparian and upland associated birds along the Santa Clara River for
Newhall Land, Los Angeles County. Observed nesting and foraging behaviors to ascertain River buffer
area estimates.
Representative Construction Monitoring Experience
Approved Permitted Monitor by USFWS in support of the City of Santa Clarita's Arundo Removal Project
(September 2013 to June 2014). Monitored removal crew within areas D, E, F, and G of the site specific
implementation area (Santa Clara River). Monitoring was conducted under the authority of federal
permit No. TE -808242-8.
Project Ecologist for tortoise preconstruction surveys and mitigation monitoring for a development
project located in Barstow, San Bernardino County. Responsible for endangered species education and
training programs, construction personnel supervision, coordination of environmental monitors, and
production of regular activity reports to document the implementation of mitigation measures.
Project Biologist for preconstruction surveys and biological construction monitoring involving desert
tortoise translocation along seven miles of electrical transmission line in Clark County, Nevada.
Work to be Completed for the Project
Under the direction of the R.A. Atmore project manager, Mr. Cameron will conduct biological surveys
(arroyo toad, general preconstruction, special status species), provide biological monitoring and
oversight of biological monitoring, and environmental education to work crews for the project. Table 2
below provides a summary of tasks to be performed by Mr. Cameron, including the number of hours
and hourly rates.
--
R.A. Atmore & Sons, Inc. Natural Resources Division RPE
Proposal # ES -14-15-06 — Arundo Removal 32
City of Santa Clarita
Table 4—Subcontractor Work Summary
Project Task
Approximate Schedule
Number of Hourly Rate
Hours
Initial Removal
General Preconstruction Survey (including report)
11/10/14-11/11/14
46
$120
Construction Monitoring
11/17/14-1/30/15
224
$115
Maintenance
Arroyo Toad Surveys
Exact Dates TBD - 3 days
24
Construction Monitoring
Exact Dates TBD -11 days
88
$115
Section 12: Contractor Capability and References
Licenses:
Corporation No. C2178324 CA General Engineering Contractor No. 778147-A
Tax Payer ID No. 77-0525164 CA Pest Control Business No. 30108
Business License No. 0572181 CA Qualified Applicator's License for Herbicide (QAL) No. 31104
SBA Micro Business No. 59514 ISA Certified Arborist No. WE -9671A
Fully insured
The objective of the project described in the Request for Proposals document for Proposal # ES -14-15-06
is the removal of arundo and tamarisk in the specified project site within portions of the Santa Clara
River. R.A. Atmore staff and crew are well -versed with non-native invasive plant removal, including the
removal of the above targeted species. We provided these services to the City in the recent phase of
work conducted within Areas D, E, F, and G of the SSIP (2013-2014), and previous phases that occurred
in Area A (2008), Area E (2009), Area E (2010-2011). We have also completed similar projects for the
Ventura County Watershed Protection District and the Wood-Claeyssens Foundation within the Ventura
River watershed. In addition, our project manager and staff biologist have previous career experience
with this type of work.
With regard to environmental contracting, our staff specializes in all phases of habitat restoration; non-
native vegetation removal; mitigation site installation and maintenance; vegetation enhancement and
management; irrigation installation; fuel hazard reduction; installation of erosion control materials
including hydroseeding; and herbicide application. The environmental consulting services we specialize
in include regulatory permitting; habitat assessments; biological surveys; mitigation, revegetation and
habitat restoration planning; mitigation monitoring and reporting; GIS/GPS mapping and related
services; construction monitoring; and water sample collection.
Relevant Experience
Client: City of Santa Clarita
Project Name: Santa Clara River Arundo Removal Project
Contact Person: Heather Merenda; (661) 284-1413
Service Dates: 2008, 2009, 2010-2011, 2013-2014
R.A. Atmore & Sons, Inc. Natural Resources Division ..o.
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Proposal # ES-14-15-06—Arundo Removal + 33
City of Santa Clarita
Work Performed: Implementation of non-native vegetation removal (arundo in particular) and
maintenance treatments for the City of Santa Clarita. Project also included all
necessary regulatory agency notification and coordination.
Applicability: This project bears direct relevance to the current project, as the work performed by
R.A. Atmore was associated with earlier phases of the City's overall arundo removal
efforts in the SCARP site-specific implementation area. At the time work occurred in
2008, 2009, and 2010-2011, R.A. Atmore was the subcontractor for Wildscape
Restoration, the consultancy that managed the project. In addition, current R.A.
Atmore project manager Anna Huber was then project manager for Wildscape. Ms.
Huber oversaw implementation of this project. For work that occurred during 2013-
2014, R.A. Atmore was the lead contractor for the City of Santa Clarita, and provided
all project management and implementation tasks.
Client: Wood-Claeyssens Foundation
Project Name: Taylor Ranch Arundo Removal Project
Contact Person: Joe Chrisman, Attorney; (805) 644-7111
Service Dates: 2009 to present
Work Performed: Non-native vegetation removal (arundo in particular), for client property in the
Ventura River, near Ventura, CA.
Applicability: This project is relevant to the current project as it includes removal of the same
target non-native plant species utilizing the same methodology as currently
proposed (cut -stump, foliar application, chipping of biomass) and regular
maintenance of treated areas. The project site is also located in a riparian corridor
which requires similar sensitivity to site conditions as the current project. At the
time work occurred, R.A. Atmore was the subcontractor for Wildscape Restoration,
the consultancy that managed the project. In addition, current R.A. Atmore project
manager Anna Huber was then project manager for Wildscape. Ms. Huber oversaw
implementation of this project and also coordinated permit acquisition, site
monitoring and maintenance, coordination with subcontractor, and annual
reporting to regulatory agencies.
Client: Wood-Claeyssens Foundation
Project Name: Lower Ventura River Arundo Removal Project
Contact Person: Joe Chrisman, Attorney; (805) 644-7111
Service Dates: 2011 to present
Work Performed: Regulatory coordination and permit acquisition, non-native vegetation removal
(arundo in particular), site monitoring and maintenance for client property in the
Ventura River, near Ventura, CA.
Applicability: This project is relevant to the current project as it includes regulatory coordination
and permit acquisition, removal of the same target non-native plant species utilizing
the same methodology as currently proposed (cut -stump, foliar application,
chipping of biomass), regular maintenance of treated areas, and annual reporting to
regulatory agencies. The project site is also located in a riparian corridor which
requires similar sensitivity to site conditions as the current project, including
presence of special status wildlife species and homeless encampments.
R.A. Atmore & Sons, Inc. Natural Resources Division PnP@`n
Proposal # ES -14-15-06 —Arundo Removal l 34
City of Santa Clarita
Client:
Ventura County Watershed Protection District
Project Name:
Various sites, all associated with habitat restoration and/or mitigation
Contact Person:
implementation
Contact Person:
Dennis Kanthack, Restoration Coordinator; (805) 672-2125
Service Dates:
1996 to present
Work Performed:
Vegetation management, non-native plant removal (including arundo), herbicide
application, and mitigation site installation at various locations in the Santa Clara
Applicability:
River watershed, the Ventura River watershed, and the Calleguas Creek watershed,
in Ventura County, CA. Recent work includes the removal of arundo utilizing the
same methodology proposed for this project (Cut Stump Method) within 212 acres
of San Antonio Creek in the Ventura River watershed (2013 to 2014), and along the
south branch of Arroyo Conejo within the Calleguas Creek watershed in the City of
Thousand Oaks (July 2014).
Applicability:
These projects are relevant as they attest to the significant number of years that
R.A. Atmore has been successfully implementing non-native plant removal projects.
These projects typically include an arundo removal component (utilizing the same
methodology as currently proposed), as well as maintenance of the sites with the
goal of meeting performance criteria established by various regulatory agencies.
These sites are typically in riparian areas which require sensitivity to a variety of site
conditions.
Client:
United Water Conservation District
Project Name:
Santa Felicia Tamarisk Removal Project
Contact Person:
Linda Purpus, Environmental Scientist; (805) 525-4431
Service Dates:
2013
Work Performed:
Tamarisk removal from various locations around Lake Piru, Piru, CA.
Applicability: This project is relevant as it entailed removal of the same target non-native plant
species utilizing the same methodology as is currently being proposed (cut -stump,
foliar application, chipping of biomass). The project site is also located in a
lacustrine environment which requires sensitivity to a variety of site conditions.
Client:
Ventura County Department of Transportation
Project Name:
Various sites, all associated with mitigation implementation
Contact Person:
Chris Hooke, Project Manager; (805) 654-2048
Service Dates:
2011 to present
Work Performed:
Mitigation site monitoring and maintenance at various sites in the Ventura River
watershed, the Santa Clara River watershed, and the Calleguas Creek watershed in
Ventura County, CA.
Applicability:
These projects are relevant as each included an arundo removal component utilizing
the same methodology as is being proposed for the current project, as well as
maintenance of the sites with the goal of meeting performance criteria established
by the Army Corps of Engineers. These sites are typically in riparian areas which
require sensitivity to a variety of site conditions. These projects also include tasks
associated with annual reporting.
R.A. Atmore & Sons, Inc. Natural Resources Division APk<
Proposal ti ES -14-15-06 — Arundo Removal 35
City of Santa Clarita
Section 13: Alternative Proposals
R.A. Atmore does not have any alternative proposals to present as part of this proposal document.
Section 14: Conflict of Interest
R.A. Atmore does not have any conflicts of interest associated with clients that may be affected by
actions performed by R.A. Atmore on behalf of the City
Section 15: Additional Data
R.A. Atmore does not have any additional data or information to present as part of this proposal
document.
R.A. Atmore & Sons, Inc. Natural Resources Division
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Proposal # ES-14-15-06—Arundo Removal 136
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R.A. Atmore & Sons, Inca Natural Resources Division
PAPER
Proposal # ES -14-15-06 — Arundo Removal 37
City of Santa Clarita
R.A. Atmore & Sons, Inc.
2977 Sexton Canyon Road
Ventura, California 93003
PART II - COST PROPOSAL
Overall Project Costs by Tasks
TASK
COST
COST
Task 1—
Permit Coordination
$31,914.00
Task 2
— Biological Surveys and Monitoring
$86,640.00
Task 3
— Initial Removal
$296,037.35
Task 4
— Habitat Enhancement
$7,581.30
Task 5
— Maintenance
$50,468.50
Task 6—
Monitoring and Reporting
$15,312.00
TOTAL PROJECT COST $487,953.15
Cost Breakdowns
1) Costs by Category
TASK CATEGORY
COST
Planning
$31,914.00
Environmental Compliance
$101,952.00
Construction Administration
$42,909.00
Construction Implementation
$311,178.15
TOTAL PROJECT COST $487,953.15
2) Labor Costs
PROJECT PERSONNEL
HOURLY RATE
R.A. Atmore
Principal
$163.00
Project Manager
$127.00
Field and Safety Manager
$127.00
Biologist
$96.00
Administrative/Office Manager
$60.00
*Tractor Operator
$94.00
*Chipper Operator/Chainsaw Operator
$83.50
*Dump Truck Driver
$33.00
*Landscape Laborer
$31.50
Subcontractor
Biologist (Surveys)
$123.00
Biologist (Construction Monitor)
$120.00
*designated for prevailing wage, determinations provided in Appendix A
R.A. Atmore & Sons, Inc. Natural Resources Division .C.C..=
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Proposal fi ES -14-15-06 — Arundo Removal 38
City of Santa Clarita
3) Supplies and Equipment Costs
Supplies/Equipment Fees
Cost Per Item
Total Cost
.
Performance Bond Fee
$8,5 00.00
$8,500.00
Permit Coordination
46
$123.00
Permit Fee—SCARP Permits
$7,500.00
$7,500.00
Permit Fee - LACFCD
$1,500.00
$1,500.00
Supplies for Notification to Neighbors (paper,
lamination, etc.)
Varied (will depend on
method chosen for
notification)
$500.00
Initial Removal
Exact Dates TBD -11 days
88
Tool Truck
$25.00/hr
$10,200.00
Crew Truck
$10.50/hr
$3,644.00
Isuzu Dump Truck
$65.00/hr
$25,480.00
Case Tractor
$125.00/hr
$37,000.00
Chipper
$65.00/hr
$25,480.00
Water Trailer
$35.00/hr
$280.00
Portable Toilet
$14.56/day
$1,048.34
Dump Fees
$27.00/ton
$2,079.00
Herbicide (Garlon 3a)
$309.61/ 2.5 gals
$732..24
Herbicide(Aquamaster)
$25.00/gal
$2,620.31
Colorant
$36.00/ gal
$149.96
Tyvek Suits
$10.50 ea.
$1,029.00
Seed Mix
$24.37/lb.
$577.30
Maintenance
Tool Truck
$25.00/hr
$4,200.00
Herbicide (Aquamaster)
$25.00/ gal
$1,612.20
Surfactant(Agri-Dex)
$29.00/gal
$374.10
Colorant
$36.00/gal
$464.40
Tyvek Suits
$10.50 ea.
$819.00
GRANDTOTAL
$135,790.15
4) Subcontractor Costs
Subcontractor: Ecological Sciences,lnc.
- Project Task
Approximate Schedule
Number of
Hours
Hourly Rate
Initial Removal
General Preconstruction Survey (including report)
11/10/14 —11/11/14
46
$123.00
Construction Monitoring
11/17/14-1/30/15
224
$120.00
Maintenance
Arroyo Toad Surveys
Exact Dates TBD - 3 days
24
$123.00
Construction Monitoring
Exact Dates TBD -11 days
88
$120.00
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Proposal # ES -14-15-06 — Arundo Removal 139
City of Santa Clarita
PAYMENT
R.A. Atmore is offering payment terms of Net 60. However, if the City of Santa Clarita would like to
propose alternative payment terms, R.A. Atmore would be willing to discuss this potential change.
TOTAL PROJECT COST $487,953.15
R.A. Atmore & Sons, Inc. Natural Resources Division
Proposal a ES -14-15-06 — Arundo Removal 40
City of Santa Clarita
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Proposal k ES -14-15-06 — Arundo Removal 41
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Appendix A — Labor Classification Documents
R.A. Atmore & Sons, Inc. Natural Resources Division naEn
Proposal 8 ES -14-15-06 — Arundo Removal 42
City of Santa Clarita
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R.A. Atmore & Sons, Inc. Natural Resources Division V11PER
STATE OF CALIFORNIA
Edmund G. Brown Jr., Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Office of the Director — Research Unit
455 Golden Gate Avenue, 9t° Floor
MAILING ADDRESS:
San Francisco, CA 94102
P. O. Box 420603San
Francisco, CA 94142-0603
PREDETERMINED INCREASES FOR
LANDSCAPE OPERATING ENGINEER (SC -63-12-33-2014-1)
IN IMPERIAL, INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE,
SAN BERNARDINO, SAN DIEGO, SAN LUIS OBISPO, SANTA BARBARA
AND VENTURA COUNTIES
These predetermined increases for the above named craft applies only to the current determination
for work being performed on public works projects with bid advertisement dates on or after March 4,
2014, until this determination is superseded by a new determination or a predetermined increase
modification notice becomes effective.
When referencing our prevailing wage determinations, please note that if the prevailing wage rate
determination, which was in effect on the bid advertisement date of a project has a single asterisk (*)
after the expiration date, the rate will be good for the life of the project. However, if a prevailing
wage rate determination has double asterisks (**) after the expiration date, the rate must be updated
on the following date to reflect the predetermined rate change(s).
LANDSCAPE OPERATING ENGINEER: All Classifications
Determination SC -63-12-33-2014-1 is currently in effect and will expire on October 31, 2014**
Effective on November 1, 2014, there will be an increase of $2.00 to be allocated to wages and/or
fringes.
Effective on November 1, 2015, there will be an increase of $2.00 to be allocated to wages and/or
fringes.
There will be no further increases applicable to this determination.
Issued 2/22/2014, Effective 3/4/2014 until superseded.
This page will be updated when wage rate breakdown information becomes available.
Last Updated: March 4, 2014
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: # LANDSCAPE OPERATING ENGINEER
DETERMINATION: SC -63-12.33-2014-1
ISSUE DATE: February22, 2014
EXPIRATION DATE OF DETERMINATION: October 31, 2014•'. 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
Office of the Director — Research Unit for specific rates at (415) 703-4774.
LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo,
Santa Barbara, and Ventura Counties.
Employer Payments Straight -Time Overtime Hourly Rate
CLASSIFICATION Basic Health Vacation Total Daily/ Sunday` Holiday`
(JOURNEYPERSON) Hourly and and Hourly Saturdayb
Rate Welfare Pension Holiday Training Other Hours Rate I'/zX 2X 3X
Landscape Operating Engineer
Backhoe Operators
Forklifts -Tree Planting Equipment (jobsite)
HDR Welder -Landscape, Irrigation, Operating Engineers' Equipment
Roller Operators
Rubber -tired & Track Earthmoving Equipment
Skiploader Operators
Trencher -31 horsepower and up $31.26 $11.20 $7.45 $2.95 $0.80 $0.15 8.0 $53.81 $69.44 85.07 116.33
° Indicates an apprenticeable craft. The current apprentice wage rates are available on the Internet at
http://www.dir.ca.gov/OPRUPWAi)r)Wage/PWAr)t)WaReStart.asr). To obtain any apprentice wage rates as of July 1, 2008 and prior to September
27, 2012, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at
httv,//www.dir.ca.gov/das/das.huml.
'Includes an amount per hour worked for supplemental dues.
b Rate applies to the first four overtime hours daily and the first twelve hours on Saturday. Thereafter use the Sunday overtime rate.
'All work performed on a Dewatering Operation on holidays and all other work on holidays except Labor Day and the I st Saturday following
the 1 st Friday in the months of June and December is paid at Sunday rate.
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/OPRLfPWD. 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. You may obtain the travel and/or subsistence previsions for the current
determinations on the Internet at http://www.dir.ca.gov/OPRL./PWD. Travel and/or subsistence requirements for current or superseded
determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774.
10-C
EDMUND G. BROWN, IR, Gooernar
DEPARTMENT OF INDUSTRIAL RELATIONS
Office of the Director — Research Unit
455 Golden Gate Avenue, 9° Floor ADDRESS REPLY TO: .j
San Francisco, CA 94102 P.O. Baa 420603
San Francisco CA 94142-0603
PREDETERMINED INCREASES FOR
LABORER AND RELATED CLASSIFICATIONS (SC -23-102-2-2013-1)
ALL LOCALITIES WITHIN IMPERIAL, INYO, KERN, LOS ANGELES, MONO,
ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA
BARBARA, AND VENTURA COUNTIES
These predetermined increases for the above named craft applies only to the current determination for
work being performed on public works projects with bid advertisement dates on or after September 1,
2013, until this determination is superseded by a new determination or a predetermined increase
modification notice becomes effective.
When referencing our prevailing wage determinations, please note that if the prevailing wage rate
determination which was in effect on the bid advertisement date of a project has a single asterisk (*)
after the expiration date, the rate will be good for the life of the project. However, if a prevailing
wage rate determination has double asterisks (**) after the expiration date, the rate must be updated
on the following date to reflect the predetermined rate change(s).
LABORER
Determination SC -23-102-2-2013-1 is currently in effect and expires on June 30, 2014**
Effective July 1, 2014, there will be an increase of $1.75: $0.25 to pension and $1.50 to be
allocated to wages and/or employer payments.
There will be no further increases applicable to this determination.
Issued 8/22/2013, Effective 9/1/2013.
This page will be updated when wage rate breakdown information becomes available.
Last Updated: September 1, 2013
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: #LABORER AND RELATED CLASSIFICATIONS
DETERMINATION: SC -23-102-2-2013-1
ISSUE DATE: August 22, 2013
EXPIRATION DATE OF DETERMINATION: June 30,2014** 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 Office of the Director - Research Unit for specific rates at (415) 703-4774.
LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, and Ventura counties.
Emolover Payments Straight -Time Overtime Hourl Rates
Classifications Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday Sunday
(Joumeyperson) Hourly and and Payment Hourly and
Rate Welfare Holiday Rate I 1/2X I 1/2X Holiday
CLASSIFICATION GROUPS
Group 1 $28.99 6.81 6.00 4.25 0.64 0.49 8 47.18 61.675 61.675 76.17
Group 2 29.54 6.81 6.00 4.25 0.64 0.49 8 47.73 62.50 62.50 77.27
Group 3 30.09 6.81 6.00 4.25 0.64 0.49 8 48.28 63.325 63.325 78.37
Group 4 31.64 6.81 6.00 4.25 0.64 0.49 8 49.83 65.65 65.65 81.47
Group 5 31.99 6.81 6.00 4.25 0.64 0.49 8 50.18 66.175 66.175 82.17
# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Internet @
httv://www.dir.ca.gov/OPRL/PWAppWage/PWAi)pWaReStart.ast). To obtain any apprentice wage rates as of July 1, 2008 and
prior to September 27, 2012, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship
Standards' website at http://www.dir.ca.gov/das/das.html.
a For classification within each group, see page 14.
b Any hours worked over 12 hours in a single workday are double (2) time.
c Saturdays in the same work week may be worked at straight -time ifjob is shut down during work week due to inclement weather
or similar Act of God, or a situation beyond the employers control.
d Includes an amount per hour worked for supplemental dues
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/OPRLIPWD.
Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director - Research
Unit at (415) 7034774.
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. You may obtain the travel and/or subsistence
provisions for the current determinations on the Internet at http://www.dir.ca.gov/OPRL/PWD. Travel and/or subsistence
requirements for current or superseded determinations may be obtained by contacting the Office of the Director - Research Unit at
(415)703-4774.
13
DETERMINATION: SC -23-102-2-2013-1
CLASSIFICATION GROUPS
GROUP
Boring Machine Helper (Outside)
Certified Confined Space Laborer
Cleaning and Handling of Panel Forms
Concrete Screeding for Rough Strike -Off
Concrete, Water Curing
Demolition Laborer, the cleaning of brick if performed by an employee
performing any other phase of demolition work, and the cleaning of lumber
Fiberoptic Installation, Blowing, Splicing, and Testing Technician on public
right -of- way only
Fire Watcher, Limbers, Brush Loaders, Pilers and Debris Handlers
Flagman
Gas, Oil and/or Water Pipeline Laborer
Laborer, Asphalt -Rubber Material Loader
Laborer, General or Construction
Laborer, General Cleanup
Laborer, letting
Laborer, Temporary Water and Air Lines
Plugging, Filling of Shee-Bolt Holes; Dry Packing of Concrete and Patching
Post Hole Digger (Manual)
Railroad Maintenance, Repair Trackman and Road Beds; Streetcar and Railroad
Construction Track Laborers
Rigging and Signaling
Scaler
Slip Form Raisers
Taxman and Mortar Man
Tool Crib or Tool House Laborer
Traffic Control by any method
Water Well Driller Helper
Window Cleaner
Wire Mesh Pulling- All Concrete Pouring Operations
GROUP
Asphalt Shoveler
Cement Dumper (on I yard or larger mixer and handling bulk cement)
Cesspool Digger and Installer
Chucktender
Chute Man, pouring concrete, the handling of the chute from readymix trucks,
such as wells, slabs, decks, floors, foundations, 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 Man
Guinea Chaser
Headerboard Man -Asphalt
Installation of all Asphalt Overlay Fabric and Materials used for Reinforcing
Asphalt
Laborer, Packing Rod Steel and Pans
Membrane Vapor Barrier Installer
Power Broom Sweepers (small)
Riprap, Stonepaver, placing stone or wet sacked concrete
Roto Scraper and Tiller
Sandblaster (Pot Tender)
Septic Tank Digger and Installer (leadman)
GROUP 2 (continued)
Tank Scaler and Cleaner
Tree Climber, Faller, Chain Saw Operator, Pittsburgh Chipper and similar type
Brush Shredders
Underground Laborer, including Caisson Bellower
GROUP3
Asphalt Installation of all fabrics
Buggymobile Man
Compactor (all types including Tampers, Barko, Wacker)
Concrete Cutting Torch
Concrete Pile Cutter
Driller, Jackhammer, 2 I/2 ft. drill steel or longer
Dri Pak -it Machine
Gas, Oil and/or Water Pipeline Wrapper - 6 -inch pipe and over by any method,
inside and out
High Scaler (including drilling of same)
Impact Wrench, Multi -Plate
Kettlemen, Potmen and Men applying asphalt, lay-kold, creosote, lime caustic
and similar type materials
Laborer, Fence Erector
Material Hoseman (Walls, Slabs, Floors and Decks)
Operators of Pneumatic, Gas, Electric Tools, Vibrating Machines, Pavement
Breakers, Air Blasting, Come-Alongs, and similar mechanical tools not
separately classified herein; operation of remote controlled robotic tools in
connection with laborers work
Pipelayers backup man, coating, grouting, making ofjoints, sealing, caulking,
diapering and including rubber gasket joints, pointing and any and all other
services
Power Post Hole Digger
Rock Slinger
Rotary Scarifier or Multiple Head Concrete Chipping Scarifier
Steel Headerboard Man and Guideline Setter
Trenching Machine, Hand Propelled
GROUP4
Any Worker Exposed to Raw Sewage
Asphalt Raker, Lineman, Ironer, Asphalt Dumpman, and Asphalt Spreader
Boxes (all types)
Concrete Core Cutter (walls, floors or ceilings), Grinder or Sander
Concrete Saw Man, Cutting Walls or Flat Work, Scoring old or new concrete
Cribber, Sharer, Lagging, Shooting and Trench Bracing, Hand -Guided lagging
Hammer
Head Rock Slinger
Laborer, Asphalt -Rubber Distributor Boatman
Leser Beam in connection with Laborer's work
Oversize Concrete Vibrator Operator, 70 pounds and over
Pipelayer
Prefabricated Manhole Installer
Sandblaster (Nozzleman), Water Blasting, Porta Shot -Blast
Traffic Lane Closure, certified
GROUPS
Blasters Powderman
Driller
Toxic Waste Removal
Welding, certified or otherwise in connection with laborers' work
14
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: DRIVER (ON/OFF-HAULING TO/FROM CONSTRUCTION SITE)
Determination: C -DT -830-261-10-2009-1
Issue Date: February 22, 2009
Expiration date of determination: March 3, 2010" Effective until superseded by a new determination issued by the Director of Industrial
Relations. Contact the Division of Labor Statistics and Research at (415) 7034774 for the new rates after 10 days from the expiration date, if no
subsequent determination is issued.
Localities: All localities within Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino and San Diego Counties.
Driver: Dump Truck
$17.00 $2.05 $0.085 $0.33
The contribution applies to all work up to $355.00 per month.
s $0.65 after 2 years of service
$0.98 after 5 years of service
$1.31 after 9 years of service
`Rate applies to work in excess of eight (8) hours daily and forty (40) hours weekly.
*There is no predetermined increase applicable to this determination.
8.0 $19.465 $27.965 $27.965
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 htto://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded
determinations may be obtained by contacting the Prevailing Wage Unit at (415) 7034774.
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. You may obtain the travel and/or subsistence requirements for the current determinations on the Internet at
htto//www.dlr.ca.gov/DLRS/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at
(415) 703-4774.
2L-4
Employer Payments
Straight -Time
Overtime Hourly Rate
Basic
Health
Vacation
Total
Sunday/
Hourly
And
And
Hourly
Daily Holiday
Classification Rate
Welfare'
Pension Holiday' Training Other
Hours Rate
(1'/� X)` (1'/2 X)
Driver: Dump Truck
$17.00 $2.05 $0.085 $0.33
The contribution applies to all work up to $355.00 per month.
s $0.65 after 2 years of service
$0.98 after 5 years of service
$1.31 after 9 years of service
`Rate applies to work in excess of eight (8) hours daily and forty (40) hours weekly.
*There is no predetermined increase applicable to this determination.
8.0 $19.465 $27.965 $27.965
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 htto://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded
determinations may be obtained by contacting the Prevailing Wage Unit at (415) 7034774.
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. You may obtain the travel and/or subsistence requirements for the current determinations on the Internet at
htto//www.dlr.ca.gov/DLRS/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at
(415) 703-4774.
2L-4
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
CRAFT: ## LANDSCAPE MAINTENANCE LABORER
(APPLIES ONLY TO ROUTINE LANDSCAPE MAINTENANCE WORK NOT NEW LANDSCAPE CONSTRUCTION)[
DETERMINATION: SC-LML-2013-1
ISSUE DATE: August 22, 2013
EXPIRATION DATE OF DETERMINATION: September 30,2013* Effective until superseded by a new determination issued by the
Director of Industrial Relations. Contact the Office of the Director - Research Unit at (415) 703-4774 for the new rates after 10 days from the
expiration date, if no subsequent determination is issued.
Employer Payments Straight -Time Overtime
LOCALITY: Basic Health Pension Vacation Holiday Training Hours Total I I/2X
Hourly and Hourly
Rate Welfare Rate
Imperial
$8.00 -
- 40.115
0.17 -
8
68.285
'12.285
Inyo, Mono and San Bernardino
8.00 -
0.30
0.17 -
8
8.47
12.47
Kem
8.00 -
- ` 0.16
0.17 -
8
"8.33
612.33
10.00 -
- d 0.27
0.46 -
8
610.73
615.73
Los Angeles
8.00 0.89
- 60.115
0.14 -
8
69.145
613.145
Orange
8.00 -
- 10.11
0.11 -
8
68.22
612.22
Riverside
8.00 -
- 90.20
0.16 -
8
68.36
612.36
San Diego
8.00 -
- 0.22
0.115 -
8
8.335
12.335
8.00 -
- 0.24
0.12 -
8
8.36
12.36
San Luis Obispo
8.00 -
- 10.15
0.15 -
8
8.30
12.30
8.00 -
- '0.16
0.16 -
8
8.32
12.32
Santa Barbara
8.00 -
- '0.12
0 12 -
8
b8 24
'12.24
8.00 -
- '0.13
0.13 -
8
68.26
°12.26
Ventura
8.00 -
- 0.115
0.16 -
8
8.275
12.275
8.00 297
- i 0.19
0.26 -
8
bl 1.42
615.42
## Craft is not apprentimable.
NOTE: If there are two rates, the first rate is for routine work, the second rate is for complex work.
' $0.22 after 3 years of service. r $0.22 after 4 years of service.
b Computation is based on the first years of employment. This rate 5 $0.40 after 3 years of service.
should be increased by any applicable vacation increase as stated in 6 $0.23 after 2 years of service.
other footnotes. '$0.27 after 2 years of service.
`$0.31 after 2 years of service. ' $0.38 after 3 years of service.
d $0.54 after 2 years of service: $0.81 after 3 years of service. k $0.29 after 2 years of service.
`$0.24 after 3 years of service: $0.37 after 7 years of service. $0.31 after 2 years of service.
t This determination does not apply to work of a landscape laborer employed on landscape construction (work incidental to construction or
post -construction maintenance during the plant installation and establishment period). The following is a description of the landscape work
cover under this determination:
ROUTINE -mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement of plants and janitorial
work incidental to such landscape maintenance.
COMPLEX- servicing of irrigation and sprinkler systems, repairing of equipment use in such landscape maintenance.
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 htti)://www.dir.ca.gov/OPPUPWD. Holiday provisions for current or superseded determinations may be
obtained by contacting the Office of the Director- Research 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. You may obtain the travel and/or subsistence provisions for the current
determinations on the Internet at httt),//www.dir.ca.gov/OPRL/PWD. Travel and/or subsistence requirements for current or superseded
determinations may be obtained by contacting the Office of the Director- Research Unit at (415) 703-4774.
18C
End of Document.