HomeMy WebLinkAboutWildcat Engineering (Aanenson Wildcat) 2012-11-14 �
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SHORT FORM CONSTRUCTION CONTRACT I
This Agreement is made and entered on �, 2012, in Ukiah, II
California, by and between Aanenson Wildc�t,� Inc, dba Wildcat
Engineering, a corporation ( "Contractor" ) and the City of Okiah
( "City") , a general 1aw municipal corporation.
RECITALS:
1 . The plans and specifications for this work ( "the Work" ) are
contained in Exhibit A, which is attached hereto and incorporated
herein by this reference.
2 . Contractor is properly licensed and qualified to perform the
work.
3 . Whenever this Agreement calls for City approval or I'
notification, the approval or notification must be signed by its City
Manager or his or her designee .
AGREEt�NT:
Wherefore, in ccnsideration of the foregoing facts and the terms '
and conditions as further stated herein, the parties hereby agree as
follows .
1 . PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein. i
1 .1 Time of Performance. Contractor shall commence the work upon II
issuance of Notice to Proceed by City and shall complete the Work by
no later than 25 workinq days, the count of which beginning on the 10`h I
working day after notice of approval of the contract
l . L 1 . (n�- a�oi��aoie� It is agreed by the parties to the
contract that time is of the essence and that, in case a11 the work
is not completed before or upon the expiration of the time limit as
set forth, damage, other than those cost items identified in section
1 . 1 . 2, will be sustained by the City and that it is and will be
impracticable to determine the actual amount of damage by reason of
such delay; and it is therefore agreed that, subject to Sections
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1 . 13-1 . 19 , below, the Contractor wi11 pay to the City the sum of five I
hundred dollars ($0 . 00) per day for each and every calendar days delay
beyond the time prescribed. I
1 . 1 . 2 X id�Pi�cabie� In case the work called for under this
contract is not completed within the time limit stipulated herein, i
the City shall have the right as provided hereinabove, to extend the i
time of completion thereof. If the time limit be so extended, the
City shall have the right to charge to the Contractor and to deduct '
from the final payment for the work the actual cost to the City of
engineering, inspection, superintendence and other overhead
expenses which are directly chargeable to the contract and which
accrue during the period of such extension, except that the cost of
final unavoidable delays sha11 not be included in such charges . I
1 .2 Construction of Contract Documents . Contractor will perform I'
the Work in compliance with the plans and specifications set forth in �,
the attacned Exhibit A. If there is any inconsistency or conflict
between the plans and the specifications, the specifications wi11
prevail . If there is any inconsistency between the plans and the
specifications ar.d this agreement, the terms of this Agreement shall
prevail, unless expressly stated otherwise in a particular II
specification.
1 . 3 Contractor furnished items. Contractor will furnish all
necessary labcr, materials, tools, equipment, and transportation
necessary to perforn the Work.
1 . 4 Use of Employees .
1 . 9 . 1 . Contractor shall pay ali mechanics and laborers �I
employed or working upon the site of the work unconditionally and
without subsequent deductions or rebate on any account thefull amounts
due at the time of payment at waqe rates not less than those contained
in the applicable prevailing wage determination, regardless of any
contractual relationship which may be alleged to exist between the
Contractor and subcontractors and such laborers and mechanics.
1 . 4 . 2 . Contractor shall comply with the California
Labor Code Section 1775 . In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50 . 00 for each
calendar day or portion thereof, for each workman paid less than the
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stipulated prevailing rates for such work or craft in which such I
workman is employed for any work done under the Contract by him or her
or by ar_y subcontrac*or under him or her in violation of the provisions
of the Labor Code and in particular, Labor Code Sections 1770 to 1780,
inclusive . In addit--on to said penalty and pursuant to Section 1775,
the difference between such stipulated prevailing wage rates and the
amount paid to each workman for each calendar day or portion thereof
for which each workman was paid less than the stipulated prevailing j
wage rate shall be paid to each workman by the Contractor.
1 . 9 . 3 . Pursuant to the provision of Section 1770 of the
� Labor Code of the State of California, City has ascertained the general
prevailing rate of wages (which rate includes employer payments for
health and welfare, vacation, pension andsimilar purposes) applicable
to the work to be done, for straight time work. The holiday wage rate �
listed shall be applicable to all holidays recoqnizedinthe collective
bargaining agreement of the particular craft, classification, or type
of workers concerned. Copies of the General Prevailing Wage
Determination are on file in the office of the City Engineer and are
available to the Contr.actor on request . The Contractor shall post the
wage determination at the site of work in a prominent place where the �
workers can easily see it .
1 . 4 . 4 . City will not recognize any claim for additional
compensation because the Contractor has paid any rate in excess of the
prevailing wage rate obtained from the City Engineer. The possibility I
of wage increases is one of the elements to be considered by the
I Contractor in determining his or her bid and will not in any
circumstances be considered as the basis for a claim against the City.
1 . 4 . 5 . Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
I requirements in Section 1773 . 8 of the Labor Code (Chapter 880, Statutes
of 1968) .
1 . 4 . 6. Apprentices .
Attention is directed to the provisions in Sections 1777 . 5
(Chapter 1411, Statutes of 1968 ) and 1777 . 6 of the California Labor
Code concerning the employment of apprentices by the Contractor or any
subcontractor under him. Contractor and any subcontractor under him
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or her shall comply with the requirements of said sections in the
employment of apprentices .
Information relative to apprenticeship standards, wage ,
schedules and other requirements may be obtained from the Director cf
Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices .
Copies of Labor Code Sections 1771 (requirinq prevailing wages) , 1775 �
(imposinq penalties, including a $50 per day, per worker forfeiture,
for failure to pay prevailing wages) , 1776 (requiring contractor to
maintain available for inspection certi£ied payroll records) , 1777 . 5
(requiring certain apprenticeship programs) , 1813 (imposing penalties
for failure to make records available for inspection) and 1815
(requirinq time and =� for overtime) are attached to this Contract as
Exhibit B. i
1 .5 CITY Inspector. CITY may designate an architect, engineer, ,
other design professional or other inspector ( "Inspector" ) to
supervise and/or inspect Contractor ' s performance of the Work. The
Inspector shall have no authority to change the Work, the compensation
for performing the Work or the time for completing the Work without
City' s prior written approval. City shall notify the Contractor in
writing, if it designates an Inspector.
1 . 6 Site Conditions . Contractor acknowledqes that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or its I
cost . Contractor has not relied on any representation by CITY or its i
officers or employees as to the condition of the site or the houses �
or any condition that might affect the cost of performing this I
Agreement . I
1 . 7 New Products Required. A11 equipment, materials or fixtures I
furnished by Contractor under this Agreement shall be new and of the
most suitable grade for the intended purpose, unless otherwise
specifically provided.
1 . 8 Compliance with Laws . The Contractor shall give all notices I
and comply wit_� all aoplicable laws, ordinances, codes, rules and I
requlations . The Contractor shall secure and payfor all permits, fees,
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and licenses necessary for the proper execution and completion of the
work.
1 . 9 Protection of Site and Improvements. The Contractor shall
preserve and protect the site, grounds and any involved improvements
and shall not alter or damage any portion thereof, except as is
absolutely necessary in order to perform the Work. The Contractor �,
shall repair or replace, as directed by CITY, any property that it ,
damages, looses or destroys in violation of this paragraph. Contractor i
shall assume full responsibility for maintaining the safety of the I
worksite in compliance with all applicable state and federal worker
safety and protection laws and shall maintain the worksite in
compliance with all such laws .
1 . 10 Inspection of Work. The Contractor shall ensure that the
Work is available for inspection by CITY or its Inspector at all '
reasonable times and that no work is covered up or rendered incapable �
of inspection without prior notice to CITY or its Inspector and a
reasonable opportunity for inspection. The presence or absence of an I
CITY inspector or the conduct of an inspection by CITY or its Inspector I
shall not relieve the Contractor from any contract requirement or ,
compliance with Exhibit A. I
1 . 11 Title. The Contractor warrants that it conveys fu11 and I
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this ��
Aqreement and agrees t.o fully defend and indemnify CITY, its officers i
and employees, and the houses and homebuyers included in the Work from I
and against any claim, 1ien, charge, debt, cost, expense or liability
arising from a breach of said warranty.
1 . 12 Warranties . In addition to any other warranties in this I
contract, the Contractor warrants that the Work cor.forms to the '
contract requirements and is free of any defect in equipment, material
or workmanship for a period of one year from the date of final I
acceptance of the Work by CITY. If CITY accepts any part of the Work '
before final acceptance of the entire Work, the warranty shall continue
for the period of one year from the date of such partial acceptance. I
The Contractor shall remedy, at the Contractor' s expense, any failure I
to conform, or any defect . [Initial if following sentence applies / / �I
/ /] CITY shall retain - of the Contract Amount to secure the
Contractor ' s warrantyandshall remit the unused portion of that amount 'I
at the end of the warranty period. The time limit of this warranty
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shall not apply to any latent defects, or gross negliqence or fraud �
on the part of tYe Contractor.
1 . 13. Extension of Time.
Should any delays occur which the City may consider unavoidable, as I
herein defined, the Contractor sha11, pursuant to his or her
application, be allowed an extension of time proportionalto said delay I
or delays, beyond the time herein set �orth, in which to complete this
contract; and liquidated damagesfor delay shall not be charged against �
the Contractor by the City during an extension of time granted because
of unavoidable delay or delays . i
Any claim by Contractor for a time extension based on unavoidable I
delays shall be based on written notice delivered to the City within �
15 days of the occurrence of the event givinq rise to the claim. Failure
to file said written notice within the time specified shall constitute i
a waiver of said claim. Notice of the full extent of the claim and all
supporting data must be delivered to the City within 95 days of the �il
occurrence unless the City specifies in writing a longer period. All
claims for a time extension must be approved by the City and I
incorporated into a written change order. I
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1 . 14 . Unfavorable Weather and Other Conditions . I
During unfavorable weather and other conditions, the Contractor shall I
pursue only such por�ions of the work as shall not be damaged thereby. i
[Vo portions of the work whose satisfactory quality or efficiency will
be affected by any unfavorable conditions shall be constructed while I
these conditions remain, unless, by special means or precautions I
approved by the City, the Contractor shall be able to overcome them. I
The Contractor shall be granted a time extension of one day for each I
unfavorable weather day that prevents him or her from placing concrete I
forms or placing and finishing concrete or asphalt concrete. Such
unfavorable weather day is defined as a rain day where precipitation
prevents the contractor from performing the work more than four (4)
continuous hours within the authorized work period or a temperature
day where the ambient temperature is below that specified for the
placement of materials associated with the controlling work item for
more than four (4 ) continuous work hours of the authorized work period. j
1 . 15. Saturday, Sunday, Holiday and Night Work. II
No work shall be done between the hours of 6 p.m. and 7 a.m. , nor on
Saturdays, Sundays or legal holidays except such work as is necessary I
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for the proper care and protection of work already performed, or except I
in cases of absolute necessity and in any case only with the permission
of the City.
It is understood, however, that night work may be established as a I
regular procedure by the Contractor if he or she first obtains the I
written permission of the City and that such permission may be revoked I
at any time by the City if the Contractor fails to maintain at night
adequate force and equipment for reasonable prosecution and to justify ,
inspection of the work. '
1 . 16 . Hours of Labor. ,
Eight (8 ) hours of labor shall constitute a legal day' s work and the I
Contractor or any subcontractor shall not require or permit more than �
eight hours of labor in a day from any person employed by him or her
in the performance of the work under this contract, unless paying
compensation for all hours worked in excess of eight (8 ) hours per day
at not less than 1 %� times the basic rate of pay. The Contractor shall
forfeit to the City, as a penalty, the sum of twenty-five doliars �
($25. 00) for each workman employed in the execution of the contract !
by him or her or by any subcontractor, for each calendar day during
which such laborer, workman, or mechanic is required or permitted to
labor more than eight hours in violation of the provisions of Section
1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2)
of the Labor Code of the State of California and any acts amendatory
thereof. '
2 . CONTRACT PRICE I
CITY shall pay the Contractor for performance of this Aqreement
the total sum of $SS, 960 .
3 . PAYMENT OF CONTRACT PRICE I
3 . 1 CITY shall pay Contractor installments equal to the contract I'
costs no later than 30 working days after the satisfactory completion
of each agreed upon phase of the Work. City shall retain the remaining
l0� in accordance with paragraph 1 . 12 . All payments under this contract
shall be made upon the presentation of certificates in writing from
the City and shall show that the work covered by the payments has been
done and the payments thereof are due in accordance with this contract.
ity
3 . 2 City shall pay any invoice complying with Section 3. 1 for Work �
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approved by City within thirty (30) days of its receipt by City.
4 . INDEMNIFICATION AND INSURANCE.
4 . 1 Indemnification. The Contractor sha11 do a11 of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner and
within the time herein specified. The mention of any specific duty or I
liability imposed upon the Conrractor sha11 not be construed as a
limitation or restriction of any generalliability or dutyimposed upon I
the Contractor by this contract, said reference to any specific duty I
or liability being riade herein merely for the purpose of explanation.
The right of general supervision by the City sha11 not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising �
' from the Contractor ' s execution of the work, shall not be lessened I
because of such general supervision.
[Jntil the completion and final acceptance by the City of a11 the work
under and implied by this contract, the work shall be under the
Contractor' s responsible care and charge. The Contractor shall rebuild,
repair, restore and make good all injuries, damages, re-erections and
repairs, occasioned or rendered necessary by causes of any nature
whatsoever, excepting only acts of God and none other, to a11 or any
portions of the work, except as otherwise stipulated.
' To the fullest extent permitted by law, Contractor shall indemnify and �
hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys ' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
irvestigators arising out cf or resulting from the performance of the
work, provided that any such claim, damage, loss or expense (1) is
attributable to bodilyinjury, sickness, disease or death, or to injury
to or destruction of tangible property, other than the work itself,
including the loss of use resulting therefrom and (2) is caused in whole I
or in part by any act or omission of the Contractor, any subcontractor,
or a�yone directly or indirectly employed by any of them, or anyone i
for whose acts any of them may be liable, regardless of whether or not I
it is caused in part by a party indemnified hereunder, or by the j
negligence or omission of a party indemnified herein. I
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In any and all claims against the City or any of its agents or employees
by any employee of the Contractor, any subcontractor, anyone directly �
or indirectly employed by any of them, or anyone for whose acts any I
of them may be liable, the indemnification obligation shall not be
limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or any
subcontractor under workers ' or workmen' s compensation acts,
disability be�efit acts, or other employee benefit acts . The
obligation to ir.demnify shall extend to and include acts of the
indemnified party which may be negligent or omissions which may cause
negligence.
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for such
damage shall be deducted from the money due the Contractor under this
contract; or the whole or so much of the money due or to become due
the Contractor under this contract as may be considered necessary by
the City, shall be retained by the City until such suits or claims for
damages shall have been settled or otherwise disposed of and
satisfactory evidence tc that effect furnished to the City.
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4 .2 Insurance. Contractor shall procure and maintain for the '
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or
her agents, representatives, employees or subcontractors .
4 .2 . 1 . Minimum Scope of Insurance
Coveraqe shall be at least as broad as :
l . Insurance Services Office Commercial Liability
Coverage (occurrence form CG 0001) . I
2 . Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto) .
3 . Worker' s Compensation insurance as required by the
State of California and Employer ' s Liabi_ity Insurance.
4 .2 .2 . Minimum Limits of Insurance i
Contractor shall maintain limits no less than: I
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l . General �iability: $2, 000, 000 per occurrence for I
bodily injury, personal injury, and property damage . If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, either the general �
aggreqate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit .
2 . Automobile Liability: $2, 000, OOOper accidentfor
bodily injzry and property damage. I
3 . Employer ' s Liability: $1, 000, OOOper accidentfcr
bodily injury and property damage.
4 .2 .3 . Deductibles and Sel£-insured Retentions I
Any deductibles or self-insured retentions must be declared li
to and approved by the City. At the opt�on of the City, either: '
the insurer shall reduce or eliminate such deductibles or I
self-ir,sured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor
shallprovide afinancial guarantee satisfactory to the City ',
guaranteeing payment of losses and related investigations,
claim administration and defense expenses .
4 .2 . 4 . Other Insurance Provisions
The qeneral liability and automobile liability policies are
to contain, or be endorsed to contain, the following
provisions :
l . The City, its officers, officials, employees, and
volunteers are to be covered as insured' s with respect to i
liability arising out of automobiles owned, leased, hired
or borrowed by or on behalf of the contractor; and with i
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including li
materials, parts or equipment furnished in connection with I
such work or operations . General liability coverage can be
provided in the form of an endorsement to the Contractor ' s
insurance, or as a separate owner' s policy.
2 . For any claims related to this project, the I�I
Contractor' s insurance coverage shall be primary insurance I
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as respects the City, its officers, officials, employees, I
volunteers. Any insurance or self-insurance maintained by ,
the City, its officers, officials, employees, or volunteers,
shall be excess of the Contractor' s insurance and sha11 not
contribute with it . �i
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3 . Each insurance policy required by this clause sha11 be i
endorsed to state that coveraqe shall not be canceled by I
either party, except after thirty (30) days ' prior written I
notice by certified mail, return receipt requested, has been
given to the City.
4 .2 .5 . Acceptability of Insurers
Insurance is to be placed with admitted California insurers
with an A.M. Best ' s rating of no less than A- for financial
strength, aa for long-term credit rating and AMB-1 for
short-term credit rating. i
4 .2 . 6 . Veri£ication of Coverage I
Contractor shall furnish the City witr. original I
certificates and amendatory endorsements effecting I
coverage reauired by this clause. The endorsements shall be 'i
on forms provided by the City or on other than the City' s I
forms, provided those endorsements or policies conform to I
the requirements . All certificates and endorsements are to �I
be received within 15 days from written notice of contract �I
award, and the work shall not commence until the
certificates and endorsements have been approved by the City.
The City reserves the right to require complete certified I
copies of all required insurance policies, including I
endorsements affecting the coverage required by these �i
Special Provisions at any time .
4 .2 . 7 . Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or sha11 furnish separate certificates
and endorsements for each subcontractor. All coverages for ��
subcontractors sha11 be subject to a11 of the requirements ,
stated herein. I
5 . TERMINATION.
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This Agreement may only pe terminated by City: 1) for breach of �
the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City has �
' abandoned and does not wish to complete the project for which �,
Contractor was retained. City shall notify Contractor of any alleged I
breach of the agreement and of the action required to cure the breach.
If Contractor fails to cure the breach within the time specified in
the notice, the contract shall be terminated as of that time . If �
terminated for lack of funds or abandonment of the project, *_he I
contract sha11 terminate on the date notice of termination is given
to Contractor. City shall pay the Contractor only for services I
performed and expenses incurred as of the effective termination date, I
unless terminated because the Contractor has failed to satisfactorily
cure a breach after notice in which event City shall : I
a. retain any amounts earned under the Contract but not yet paid
by City;
b. take possession of all material and fixtures on the job site;
c. have the right to complete the Work and recover from Contractor
any increased cost to complete the Work above the amounts that would
I have been paid to Contractor hereunder, together with any otherdamaqes
suffered by City as a result of said breach.
6. MODIFICATION OF AGREII�NT.
City may, from time to time, request chanqes in the Work, the time
to complete the work cr the compensation to be paid for �he Work. Such �
changes must be incorporated in written amendments to this Acreement.
To be effective, all such changes as referred to in this section must
be agreed upon in writing by both parties to this agreement .
7 . ASSIGNMENT.
The Contractor sha11 not assiqn any interest in this Agreement,
and shall not transfer any interest in the same (whether by assignment
, or novation) , without the prior written consent of City. !
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8 . APPLICATION OF LAWS. I
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The parties hereby agree that all applicable Federal, State and I
I al rules re ulations and uidelines not written into this I
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Agreement shall hereby prevail during the period of this Agreemen� .
, 9 . INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Contractor
is an independent contractor and not an employee, joint venturer, or
partner of City for any purpose whatsoever. City shall have no right
to, and shall not control the manner or prescribe the method of
, accomplishing those services contracted to and performed by Contractor
under this Agreement, and the general public and al1 governmental
agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance with
' federal and state laws, ru1es, regulations, and interpretations
thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Contractor and City. I
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker' s compensation insurance,
unemployment insurance and any other benefits required by law for I
himself and his employees, if any. Contractor agrees to indemnify and �
hold City and its officers, agents and employees harmless from and '
against any claims or demands by federal, state or local government
agencies for any such taxes or benefits due but not paid by Contractor,
including the legal costs associated with defending against any audit,
claim, demand or law suit .
Contractor warrants and represents that it is a properly licensed
for the work performed under this Agreement with a substantial
investment in its business and that it maintains its own offices and i
staff which it will use in performing under this Agreement .
10 . GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action concerning
the agreement must be filed and litigated in the proper court in
Mendocino County, each party consenting to jurisdiction and venue of
California state courts in Mendocino County. I
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11. SEVERABILITY. �
If any provision of the Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining
provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
12 . INTEGRATION. '
Tris Agreement, including the exhibits attached hereto, contains
the entire agreement among the parties and supersedes all prior and ,
contemporaneous oral and written agreements, understandings, and �
representations among the parties . No amendments to this Agreement
shall be binding unless executed i� wr-_ting by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be i
deemed, or sha11 constitute a waiver of any other provision, nor shall ,
any waiver constitute a continuing waiver. No waiver shall be binding i
unless executed in writing by the party making the waiver. i
14 . NOTICES.
Whenever notice, payment or other communication is required or
permitted under this �qreement, it shall be deemed to have been given
when personally delivered, telefaxed or deposited in the United States
mail with proper first class postage affixed thereto and addressed as
follows:
I
CONTRACTOR CITY �I
Aanenson Wildcat, Inc . City of Ukiah I
Dba Wildcat Engineering Ukiah Civic Center
950 Lakeville St, Ste A 300 Seminary Ave.
Petaluma, CA 99952 Ukiah, CA. 95482
FAX: 707-763-3167 FAX: 707-463-6204
Service by telefax shall bear a notation of the date and place of I
transmission and the facsimile telephone number to which transmitted.
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Either party may change the address to which notices must be sent by
providing notice or that change as provided in *his paragraph.
15 . PARAGRAPH HEADINGS . �
The parag�aph headings contained herein are for convenience and �
reference only ar.d are not intended to define or limit the scope of
this agreement.
16. DUPLICATE ORIGINALS.
This Agreement may be executed in one or more duplicate originals
bearing the or'_ginal signature of both parties and when so executed
any such duplicate original shall be admissible as proof of the
, existence and terms of the Agreement between the parties. 'I
WHEREFORE, the parties have entered this Agreement on the date
first written above .
WILDCAT ENGINEERING CITY
BY� �i1 BY: ✓
Title: P/�S%��Gf2� Titl . ��� �/��� �,
California Contractor ' s License Numk�er 951203
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ORCHARD AVENUE STORM DRAIN IMPROVEMENTS
SPECIFICATION NO. 12-72
BEGINNING OF WORK AND TIME OF COMPLETION I�
Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section 8-1.06, I
"Time of Completion," of the California Standard Specifications and these special provisions.
The Contractor shall begin work within 10 working days after the contract has been approved by
the City of Ukiah. Contractor, at his or her option, may begin work prior to start of counting
contract days. However, in no event shall the Contractor start work:
• prior to execution of the contract agreement,
• without giving notification to the Engineer at least 72 hours prior to the start of work,
• without obtaining an encroachment permit from the City, or
• without having submitted certificates of insurance that have been accepted and ,
approved by the City.
This work shall be diligently prosecuted to completion before the expiration of 25 WORKING
DAYS, the count of which beginning on the 10th working day after notice of approval of the
Contract.
PREVAILING WAGE REQUIREMENTS
Prevailing Wage Rates. This Project is subject to Prevailing Wage Requirements. Attention is
directed to Section 7-1.01A(2), "Prevailing Wage," of the California Standard Specifications.
The general prevailing wage rates determined by the Director of Industrial Relations, for the
county or counties in which the work is to be done, are available at the City of Ukiah address.
These wage rates are not included in the Proposal for the project. Changes, if any, to the
general prevailing wage rates will be available at the same location.
1. Contractor shall pay a!I mechanics and laborers Em�loyed or working upon ihe site of I
the work unconditionally and without subsequent deductions or rebate on any account
the full amounts due at the time of payment at wage rates not less than those contained
in the applicabie prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor and subcontractors
and such laborers and mechanics.
2. Contractor shall comply with the California Labor Code Section 1775. In accordance with
said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 for each
calendar day or portion thereof, for each workman paid less than the stipulated �
prevailing rates for such work or craft in which such workman is employed for any work
done under the Contract by him or her or by any subcontractor under him or her in
violation of the provisions of the Labor Code and in particular, Labor Code Sections
1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the
difference between such stipulated prevailing wage rates and the amount paid to each
workman for each calendar day or portion thereof for which each workman was paid less
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ihan the stipulated prevailing wage rate shall be paid to each workman by the I
Contractor.
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of Califomia,
Owner has asceRained the generai prevailing rate of wages (which rate includes
employer payments for health and welfare, vacation, pension and similar purposes)
applicable to the work to be done, for straight time work. The holiday wage rate listed
shall be applicable to all holidays recognized in the collective bargaining agreement of
the particular craft, classification or type of workmen concerned. Copies of the General
' Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.ctovlDLSR/PWD The Contractor shafl post the wage determination at I
the site of work in a prominent place where it can easily be seen by the workers.
4. City will not recognize any claim for additional compensation because the Contractor has
paid any rate in excess of the prevailing wage rate obtained by the Contractoc The '
possibility of wage increases is one of the elements to be considered by the Contractor
in determining his or her bid and will not in any circumstances be considered as the
basis for a claim against the City.
5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to
execute the work in accordance with the requirements in Section 1773.8 of the Labor
Code (Chapter 880, Statutes of 1968).
6. Apprentices. I
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of
1968) and 1777.6 of the California Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him. Contractor and any i
subcontractor under him or her shall comply with the requirements of said sections in the j
employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other I
requirements may be obtained from the Director of Industrial Relations, ex officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
CONTRACTOR LICENSE REQUIRED i
The prime contractor for the work herein shall possess a current, valid State of California,
Class A (General Engineering) Contractor's License.
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iiVSURHIVI:t IttQl111ttfVltN I S YVK I:VN I i�FiC:I GRJ
INFORMAL BID '
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries Ili�
to persons or damages to property which may arise from or in connection with the performance of the
work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors.
1-01. Minimum Scope of Insurance i
Coverage shall be at least as broad as:
1. Insurance Services O�ce Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability, code 1
(any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
1-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liabilitv: $2,000,000 per occurrence for bodily injury, personal injury and property
damage including operations products and completed operations. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall 6e
twice the required occurrence limit.
2. Automobile Liabilitv: �2,000,000 per accident for bodily injury and property damage.
3. Emplover's Liabilitv: $1,000,000 per accident for bodily injury and property damage.
1-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either. the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees
and volunteers; or the Contractor shall provide a financial auarantee satisfactory to the City guaran?e?ing
payment of losses and related investigations, claim administration and defense expenses.
1-04. Other Msurance Provisions I
I
The general liabilitv and automobile liabilitV policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insured
with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor; and with respect to liability arising out of work or operations performed by
or on behalf of the Contractor including materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance, or as a separate owner's policy.
2. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation agai�st the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which
arises from the work performed by the named insured for the City.
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3. For any ciaims related to this project, the Contractor's insurance coverage shall be primary
insurance as resNects the City, its �fficers, �fficials, em'I�yees �r v�lunteers. Any insurance or
self-insurance maintained by the City, its officers, o�cials, employees or volunteers shall be
excess of the Contractor's insurance and shall not contribute with it. �
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not �
be canceled by either party, except after thirty (30) days prior written notice by certified mail,
retum receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid
under Subdivision (b)of Section 2782 of Civil Code. I
I
1-05. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. BesYs rating
of no less than the foilowing
q++VI I A-VI I I
A+ VII B++X I
AVII B+X
1-06. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this clause. The endorsements shall be on
forms provided by the City or on other than the City's forms, provided those endorsements or policies
conform to the requirements. All certificates and endorsements are to be received within ten(1D)days I
from written notice of contract award, and the work shall not commence until the certificates and I
endorsements have been approved by the City. The Ciry reserves the right to require complete certified I
copies of all required insurance policies, including endorsements affecting the coverage required by these
Special Provisions at any time.
1-07. Subcontractors. Contractor shall include all subcontractors as insureds u�der its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors '
shall be subject to all of the requirements stated herein. I
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CI I Y Uh UKI!\N I�
MENDOCINO COUNTY,CALIFORNIA
PROPOSAL I
FOR I
ORCHARD AVENUE
STORM DRAIN IMPROVEMENTS li
SPECIFICATION NO. 12-12
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein I
contained, that this proposal is made without collusion with any other person, firm or corporation and that aIl Iaws and
ordinances relating to the interest of public officers in this contract have been complied with in every respect. II
AND he or she proposes and agrees, if this proposal is accepted, i�
1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the
copy of the agreement herein contained ',
a) to provide all necessary machinery,tools, apparatus and other means of construction; li
b) to furnish all materials;
c) to provide ail superintendence, overhead expenses and all labor and expenses of whatever I�I
nature necessary to complete the job in conformity with the specifications and drawings and I
other contract provisions herein or reasonably impiied hereby or as necessary to compiete the �
work in the manner and within the time named herein and according to the requirements and to I
the reasonable satisfaction of the City Engineer; j
d) to pay all charges of freight transportation and hauling; I
2) that he or she indemnifies the City against any Ioss or damage arising from any act of the I
undersigned as Contractor; and i
3) that he or she will accept as full payment therefore the foliowing sums: I
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orm Drain Im rovement 1 of 3 ��
Orchard Avenue St p Spec. No. 12-12
Proposai and Bidding Schedule ,
I . — _ __ __ _ _ - __ .
.
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131DDIN�a SGNE6ULE
In case of discrepancy between words and figures, the words shall prevail. II
In any discrepancy between unit prices and extended amounts for a bid item using unit prices (specified unit �
price multiplied by specified quanfity for bid item does not equal the extended amount for the item), the '
specified unit price will control and will be used by the City to compare bids in selecting the lowest bid and in I
awarding the contract.
i If the specified total bid amount does not equal the total of the extended amounts for all bid items, the City
will use the total of the extended amounts for each bid item (adjusted, if necessary, so that the extended ,
amount equals the specified unit price multiplied by the specified quantity for that bid item) to compare bids in 'I
selecting the lowest bid.
ITEM QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT FOR
NO. (in figures) ITEM(in figures)
Mobilization for the lump sum price of: �
i 1�s zoo�'
$ S ��:J
Temporary Sediment Control for the lumo sum price of:
2 1 LS . I
$ SO<�� $ soo -
Traffic Control Plan for the lump sum price of: -
3 1L5 $ yS� . 5 �/.So�� I�
4 680 LF AC Pavement Sawcutting for the unit price per linear foot of: '
$ � S= . $ /Dz.o �
�
Trenching,offhaul and disposal for the unit price per linear i
5 333 LF foot of: '�
$ ZS r ' $ 4�3 zS �
Excavation,offhaul and disposal for Junction Boxes i
6 1 LS (estimated at 22 CY)for the lump sum price of: I
$ ZS�c�o— ' $ Z.Scc.>� ,
Aggregate Base backfill and compaction for the unit price per ',
7 370 CY �ubicyard of: Z — .
S_�1_ Sa
$ ZS . ;
Asphalt Pavement(0.4')for the unit price per square foot of: �'
S 1,9995F $ S — � $ �j �j,5.s ,
Two 12"diameter SDR 26 PVC Pipes for the unit orice per �
9 310 EA lineal foot of the doubled run of: �,
S
LS � , S 77Sr, � I
Two 10°diameter SDR 35 PVC Pipes for unit orice per lineal �,
10 301F foot of the doubled run of: 'I
$ 3 S� � ' $ / O Sb
Minor Reinforced Concrete(lunction Box bases)for the unit
11 2 EA rA!�?per each of: �
$ /DUO ' $ ZOOO —
Orchard Avenue Storm Drain Improvement 2 of 3 Spec. No.12-12 ��
Proposal and 8idding Schedule
II
f i Eivi QUANTI i i ; 'vEStni'r7iGi�Ayu uiJiT PkiCE 8iu EXYENOED AMOUNT FOR I
NO. I (in figures) ITEM(in figures) I
Precast Concrete Storm Drain Junction Boxes for the unit I
12 2 EA price per each of:
$ 2 G So ' $ SJ'00
� Cleanup for the lumo sum price of:
13 1 LS „
$ ) s00 � $ /$�c7o
', TOTAL BID AMOUNT(M Words): TOTAL BID AMT(in Figures): I
� � �� � - � " : �t��f s S'S 690 _ ✓ '
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to select
the base bid plus any additive bid item or combination of additive bid items and to determine which proposal is, in its
opinion,the lowest responsible bid of a responsibie bidder and that which it deems in the best interest of the City to
accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to
furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice
that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be
understood that he or she has abandoned the contract and that, therefore,this proposal shall be null and void and
the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forteited to and
become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to
the undersigned.
Witness our hands this day of �� -Z �'-/ , 20L2
Licensed in accordance with an act providing for the registration of California Contrectors License No.
�'7 S�� Zo 3 , expiration date 43 3�-i c�.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER
PENALTYOF PERJURY.
Signature of bidder or bidders,with business address, phone number and fax number:
�� y.� c��,< <� s-� _�
�„��1�,,,,.� �� ?y�isz-- ��
� �� - �[ LS'ST 7^� � EJ 3�E? I
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and I
addresses of the President, Secretary,Treasurer. i
�.�d Q- /�, ,a"s� / �i��.��S C�.�'��-i�s!� �14 5�Z
� !'-�T�-3��.�
I�
Orchartl Avenue Storm Drain Impiovement 3 of 3 Spea No.12-12
Proposal antl Bidding Schedule I,II
I
CITY OF UKIAH 6 ._,,
;�
� MENDOCINO �`°��
COUNtt 9TORM DSAINA6E IMPROVEMENTS �`��
INTEABECTION OF EAST PERHINS BTAEET k NOATH ORCHARD AVENUE � F�`"`d•^� PROJECT
UHIAH, COUNTY OF MENDOCINO, CALIFORNIA � rc ITE �
' STATE MAP PROJECT 12•12 � "."
� n.rs. 0.,,.4`����.
� OCTOHER ZO12 �RAYANG INDE%
CONSTRUCiION NOTES ���im�. ,
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- � � UKIFH, CALIFORNIA ^�F���ry� �<+^*n ,.^..=.•.w �ORM DRAINAGE IMPRWEMENTS
aerrs
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EXHIBZT B
1 of 5 DOCUMF.NTS i
DEGRING'S CALIFORNIA CODES ANNOTATED
Copyright(c) 2010 by Matthew Bender& Company, Inc. ��
a member of the LexisNexis Group. I
All rights reserved.
*** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1-5, ***
7, AND 8, AND URGGNCY I.EGISLA"I'ION THROUGH CH l2 OF THE 2010 REGULAR SES-
S ION
LABOR CODE
Division 2. Employment Regulation and Supervision
Part 7. Public Works and Public A�;encies
Chapter 1. Public Works ,
Article 2. Wages �
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
('ul Lnb Code �� 1771 (2009)
§ 1771. Requirement of prevailing local rate for work under contract
Except for public works projects of one thousand dollars ($1,000) or less, not less than the gen-
eral prevailing rate of per diem wages for ��ork of a similar character in the locality in which the
public work is performed, and not less than the general prevailing rate of per diem wages for holi-
day and overtime work tixed as provided in this chapter, shall be paid to all workers employed on
public works. I
This seclion is applicable only to work performed under contract, and is not applicable to work �
carried out by a public agcncy with its own forces. This section is applicable to contracts let for
maintenance work. '�
2 of 5 DOCUMENTS
DEERING'S CALIFOKNIA CODES ANNOTATF,D j
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a member of the LexisNexis Group. ,
All ri�hts reserved. 'i
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' Paee 3 ��
Cal Lab Code y 177� �
I
"`�* 7'HIS DOCUMEN"C IS CURREN'1' THROUGH 2O09-2010 EXTRAORDINARY SESSIONS I
1-5, ***
7. AND 8, ANU URGENCY LEGISLATION THROUGII CH 12 OF THE 2010 REGULAR SES-
SION
� LABOR CODE I
Division 2. Employment Re�dation and Supervision 'I
Part 7. Public Works and Public Agencies '
Chapter 1. Public Works �
Article 2. Wages
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY i
Cal Lafi Code yS' 1775 (2009) �
1775. Forfeiture for avin less than revailing wage rates; Amount of penalty; Payments
§ P . g P
to workers; Liability of prime contractor; Notifcation of complaint I
I
�a)
(1) The contracror and any subcontractor under the contractor shall, as a penalty to the state or
political subdivision on whose behalf the coniract is made or awarded, forfei[ not more than titty
dollars ($50) for each calendar day. or portion thereof, for each wocker paid less than the prevailina
wage rates as determined by the directar for the work or craft in which the worker is employed Cory
auy public work done under the contract by the contractor or, except as provided in subdivision (b).
by any subcontractor under thc con[ractor. li
��(A) The amount of the penalty shall be determined by the Labor Commissioner based on
c�nsideration of hoth of the followin�: I
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem
wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when
brought to the attention of the contractor or subcontractor.
(ii) Whether thc contractor or subcontractor has a prior record of failing to meet its pre-
vailing wage obligations. '
(B) i
(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, unless the failurc of the contractor I
or subcontractor to pay the correct rate of per diem wages was a good faith mistake and. if so. [he ��
error was promptly and voluntarily corrected when brought to the attention of the contractor or I
subcontractor. I
(ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion i
thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor
has been assessed penalties within the previous three years for failing to meet its prevailing wage
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' Pagc 3 �
Cal Lab Code � 177� i
obligations on a separate contract, imless those penalties were subsequently withdrawn or over- �
turned.
(iii) "Che penalty may not be less than thirty dollars ($30) for each calendar day, or poRion �
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioncr deter- ,
mines that the violation was willful, as defined in subdivision (c) of Section 1777.1. �
(C) When the amount due under this section is collected from the contractor or subcontrac-
tor, any outstanding wage claim under Chapter 1 (commeneing with Section 1720) of Par[ 7 ot�Di- i
vision 2 against that contractor or subcontractor shall be satisfied before applying that amount to the I
penalty imposed on that contractor or subcontractor pursuant to this section. ���
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be ��
revicwable only for abuse of discretion. I
(F.) The difference between the prevailing wage rates and the amount paid to each worker for �I
each calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate shal I be paid to each worker by the contractor or subcontractor, and the body awarding the con- �i
tract shall cause to be inserted in the contract a stipulation that this section will be complied with.
(b) If a worker employed by a subcontractor on a public works project is not paid the general �I
prevailing rate of�per diem wages by the subcontractor, the prime contractor of the project is not
liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that
failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless
the prime contractor fails to comply with all of the following requiremeots: I
(1) 'rhe contract executed between the contractor and the subcontractor for the performance of
work on the public warks project shall include a copy of the provisions of Sections 1771, 1775.
1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the speciYied general prevailing rate of per di-
em wages by the subcontractor to the employees. by periodic review of the certified payroll records I
of the subcontractor. II
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or
rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for �
work performed on the public works project. I
(4) Prior to making final payment to the subcontractor for work performed on the public works �
project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcon-
tractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his
on c�r employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contraetor on a public works
project within 15 days of the receipt by the Division of Labor Standards Enforcement of a com- �
plaint of the failure of a subcontractor on that public works project to pay workers the general pre- j
vailing rate of per diem wages. '
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3 of 5 DOCUMF,NTS I
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' Paec �
� Cal Lab Code y 1771i ��
DEERWG'S CALIFORNIA CODLS ANNOTA"fED i
Copyright (c) 2010 by Matthew Bender & Company, Inc.
a member oF the LexisNexis Group.
All rights reserved. i
*** TFiiS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS li
1_5 +** ��
7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SION
LABOR CODE ��
Division 2. Employment Regulation and Supervision I
Part 7. Public Works and Public Agencies �
Chapter l. Public Works '�
Article 2. Wages
I
GO TO CALIFORNIA CODES ARCH[VE DIRECTORY
i
' Cal Lufi Code SS 177h (2009)
§ 1776. Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties
(a) Each contractor and s�ibcontractor shall keep accurate payroll records, showing the name, �I
address, social security number, work classification, straight time and overtime hours worked each
day and week, and the actual per dicm wages paid to eacl�journeyman, apprentice, worker, or other I
employee employed by him or her in connection with the public work. Each payroll record shall '�i
contain or be verified by a written declaration that it is made under penalty of perjury, stating both �
of the following:
(1) The infom�ation contained in the payroll record is true and correct.
(2) The employcr has complied with the requirements of Sections 1771, 181 1, and 1815 [or any
work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be availa-
ble for inspection at all reasonablc hours at the principal office of the contractor on the fiollowing
basis: I
(1) A certified copy of an employee's payroll record shall be made available for inspection or
furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available I
for inspection or fumished upon request to a representative of the body awarding the contract, the ',
Division of Labor Standards F,nforcement, and the Division of Apprenticeship Standards of the De- j
partment of Industrial Relations. I
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available I
upon request by the public for inspection or for copies thereof. However, a request by the publie
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Cal Lab Code y 1776 �
shall be made through either tllc body awardiug the eontract, the Division of Apprenticeship Stand- �
ards, or the Division of Labor Standards Enforcement. If the requested payroll records have not i,
been provided pursuant to paragraph (2), the rcquesting party shall, prior to being provided the rec-
ords, reimburse the costs of preparation by the contractor, subcontractors, and the entity through
which the request was made. The public may not be given access to the records at the principal of-
fice of the contractor.
(e) "I-he ccrtitled payroll records shall be on forms provided by the Division of Labor Standards I
Enforcement or shall contain thc same information as the forms provided by the division. The pay- I
roll records may consist of printouts of payroll data that are maintained as computer reeords, iY the �
printouts contain the same information as the forms provided by the division and the printouts are
verified in thc manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a cer[itied copy of the records enumerated in subdi-
vision (a) with the entity that requesYed the records within 10 days afrer receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to
the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or
the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of
an individual's name, address, and socia] security numbec The name and address of the contractor
awarded the contract or the subcontractor performing the contract shall not be marked or obliterat-
ed. Any copy of records made available for inspection by, or fumished to, ajoint labor-management
committee established pursuant to the federal Labor Management Cooperation Act of 1978 (39 ��
US.C. Sec. 17�u) shall be marked or obliterated only to prevent disclosure of an individual's name �
and social security number. A joint labor management committee may maintain an action in a court
of competent jurisdiction against an employer who fails to comply with Section 1774. fhe court
may award restitution to an employee for unpaid wages and may award thejoint labor management �i
committee reasonable attorncy's fees and costs incurred in maintaining the action. An aetion under �
this subdivision may not be based on the employer's misclassification of the craft of a worker on its '�
certified payroll records. Nothing in this subdivision limits any other available remedies for a viola-
tion of this chapter.
(tj "I'he contractor shall inform the body awarding the contract of the location of the records
enumerated under subdivision (a), including the street address, city, and co�mty, and shall, within �
five working days, provide a notice of a change of location and address.
(g) 'I�he contractor or subcontractor has 10 days in which to comply subsequent to receipt of a �
written notice requesting the records enumerated in subdivision (a). In the event that the contractor �
or subcontractor 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 twenty-five dollars
($25) for each calendaz day, or portion thereof, Yor each worker, until strict compliance is effectu- �
ated. Upon the request of the Divisio� of Apprenticeship Standards or the Division of Labor Stand-
ards F?nforcement, thesc penalties shall be withheld from progress payments then due. A contractor
is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to
comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to ef-
fectuate this section.
" Page 6
Cal Lab Codc � 1776
(i) The director shall adopt rules consistent with the California Public Records Act(Chapter 3.5
(commencing with Section 62.i0) of�Divi.i�iun 7 ofTi[le 1 ofthe Governmen! C'ode) and the Infor- I
mation Practices Act of 1977 (Title 1.8 (commencing with Section 1798) ofPnrt � ofDirision 3 of I
the Crvil Code) governing the release of these records, including the establishment of reasonable �
fees to be charged for reproducing copies of records required by this section.
4 of 5 DOCUMENTS
DEER[NG'S CALIFORNIA CODES ANNOTATED
Copyright (c) 2010 by Matthew f3ender & Company, Inc. �
a member of the LexisNexis Group. �
All rights reserved.
*** "I'HIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1_5 +*r
7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF TIIE 2010 REGULAR SES-
SION
LABOR CODE
Division 2. Gmployment Regulation and Supervision
Part 7. Public Works and Public Agencies
Chaptcr l. Public Works
Article 2. Wages
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
Cal Lah Code � 1777.,i (2009)
§ 1777.5. Employment of apprentices on public works
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon
public works.
(b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem
wages for apprentices in the trade to which he or she is registered and shall be employed only at the
work of the craft or trade to which he or she is registered.
(e) Only appre��tices, as defined in Section 3077, who are in training under apprenticeship
standards that havc bcen approved by the Chief of the Division of Apprenticeship Standards and
who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070)
of Division 3 are eligible to be employed at the apprentice wage rate on public works. The em-
ployment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice a�reements under which he or she is training.
(2) The rules and regulations of the California Apprenticeship Council.
' Page 7
Cal Lab Code � 1777.5 �
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(d) When the contractor to whom the contract is awarded by the state or any political subdivi- ��I
sion, in performing any of the work under the contract, einploys workers in any apprenticeable craft
or trlde, the contractor shall employ apprentices in at least the ratio set forth in this section aud may
' apply lo any apprenticeship program in the craft or trade that can provide apprentices to the site oF �
the public work for a certificatc approvin�? the contractor under the apprenticcship standards for the �
employment and training of apprentices in the area or industry affected. However, the decision of �
the apprenticeship program to approve or deny a certificate shall be subject to review by the Ad-
ministrator of Apprenticeship. The apprenticeship program or programs, upon approving the con-
tractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an
apprenticeship pro�ram's standards shall not be required to submit any additional application in or-
der to include additional public works contracts under that program. "Apprenticeable craft or trade,"
' as used in this section, means a craft or trade determined as an apprenticeable occupation in ac-
cordance with rules and regulations prescribed by the California Apprenticeship Council. As used in
this section, "contractor" indudes any subcontractor under a contractor who performs any public I
works not excluded by subdivision (o). '
(e) Prior to commencing work on a contract for public works, every contractor shall submit con-
tract award information to an applicable apprenticeship program that can supply apprentices to the I
site of the public work. The information submitted shall include an estimate ofjourneyman hours to '
be performed undcr the contract, the number of apprentices proposed to be employed, and the ap- �
proximate dates the apprentices would bc employed. A copy of this information shall also be sub- i
mitted to the awarding body if requested by the awarding body. Within 60 days after concluding I
work on the contract, each conh�actor and subcontractor shall submit to the awarding body, if re-
quested, and to the apprenticeship program a verified statement of thc joumeyman and apprentice
hours performed on the contract. The information under this subdivision shall be public. The ap-
prenticeship programs shall retain this inForniation for 12 months.
(f j 'l he apprenticeship program that can supply apprentices to the area of the site of thc public I
work shall ensure equal employment and aftirmative action in apprenticeship for women and mi-
norities.
(g) 'I�he ratio of work performed by apprentices to journeymen employed in a particular craft or
trade on the public work may be no higl�er than the ratio stipulated in the apprenticeship standards
under which the apprenticeship program operates where the contractor agrees to be bound by those !
standards, but, except as otherwise provided in this section, in no case shall the ratio be less than
one hour of apprentice work for every five hours of journeyman work. I
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a �,
day when any journeyman is cmployed at thejobsite and shall be computed on the basis of the �
hours worked during the day by journeymen so employed. Any work performcd by ajourneyman in il
excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The con-
tractor shall employ apprentices for the number of hours computed as above before the end oY the
contract or, in the case of a subcontractor, before the end of the subcontract. However,the contrac-
tor shall endeavor, to the greatest extent possible, to employ apprentices during thc same time peri-
od that thc journcymcn in the same craft or trade are employed at thejobsite. Where an hourly ap-
prenticeship ratio is not feasible for a particular craft or trade, tlie Chief of the Division of Appren-
ticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of
not less than one apprentice tor each five journeymcn in a crafr or trade classitication.
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Cal L�b Codc 1 1777.� '
(i) A contractor covercd by this seciion that has agreed to be covered by an apprenticeship pro- �i
gram's standards upon the issuance of the approval certificate, or that has been previously approved ,
for an apprenticeship program in the crafr or trade, shall employ the number of apprentices or the
ratio of apprentices to joumeymen stipulated in the applicable apprenticeship standards, but in no
event less than the I-to-S ratio required by subdivision (g).
(j) Upon proper showin� by a contractor that he or she employs apprentices in a particular crafr
or trade in the state on all of his or her contracts on an annual avcrage of not less than one hour of
apprentice work for every five hours of labor performed by journeymen, the Chief of the Division �
of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-> hourly
ratio, as set forth in this section for that craft or trade.
(k) An apprenticeship program has the discretion to �rant to a participating contractor or con- i
tractor association a certiticate, which shall be subject to the approval of the Administrator of Ap-
prenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds
that any one o£the following conditions is met: �
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 I
percent.
(2) 1'he number of apprentices in training in the area exceeds a ratio of 1 to 5. I
(3) There is a showing that the apprenticeable crafi or trade is replacing at least one-thirtieth of
itsjourneymen annually through apprenticeship training, either on a statewide basis or on a local
basis.
(4) Assignment of an apprentice to any work performed under a public works contrac[ would 'I
create a condition that would jeopardize his or her life or the life, safety, or property of�fellow em-
ployees or the public at large. or the specific task to which the apprentice is to be assigned is of a �
nature that training cannot be provided by ajourneyman.
(1) When an exemption is granted pursuant to subdivision (k) to an organization that represents j
contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member con- �
tractors shail not be required to subi�iit in3ividual applications for appro-val to local joint appreii- ��
ticeship committees, if they are already covered by the local apprenticeship standards.
�m) I
(1) A contractor to whom a contract is awarded, who, in performing any of the work under the ��
contract, cmploys journeymen or apprentices in any apprenticeable craft or trade shall contribute to
the Califomia Apprenticeship Council the same amount Chat the director determines is the prevail- �
in� amount of apprenticeship training contributions in the area of the public works site. A contractor i
may take as a credit for payments to the council any amounts paid by the con[ractor to an approved
apprenticeship program that can supply apprentices to the site of the public works project. The con- !
tractor may add the amount of the contributions in computing his or her bid for the contract. �
(2) At the conclusion of the 2002-03 fiseal yeaz a�d each fiscal year thereaYter, the California l
Appre�ticeship Council shall distribute training contributions received by the council under this I
subdivision, less the expenses of the Division of Apprenticeship Standards for administering this li
subdivision, by making grants to approved apprenticcship programs for the purpose of training ap-
prentices. The funds shall be distributed as follows:
I
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^ Pa�se 9 !
. Cal Lab Code � 1777.� i
(A) If there is an approved multiemployer apprentieeship program serving the same craft or j
trade and geographic area for which the training contributions were made to the council, a grant to
that program shall be made. I
(R) If there are two or more approved multiemployer apprenticeship programs serving the
same craft or tradc and geographic area for which the training contributions were made to the coun-
cil, the grant shall be divided among those programs based on the number of apprentices registered i
in each program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used
to defray the future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the
Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Not-
withstanding Section 13340 qf the Government Code, all money in the Apprenticeship Training
Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivi-
sion and to pay the expenses of the Division of Apprenticeship Standards. �
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to ef- I
fectuate this section. The stipulations shall fix the responsibility of compliance with this section for i
all apprenticeable occupations with the prime contractor. i
(o) This section does not apply to contracts of general contractors or to contracts of specialty I
contractors not bidding for work through a general or prime contractor when the contracts of gen- I
eral contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under Ihis section are subject to Section 3081. 'i
5 of 5 DOCUMENTS I
I
DEERING'S CALIFORNIA CODES ANNOTATED
Copyright (c) 2010 by Matthew f3ender& Company, [ne.
a member of the LexisNexis Group.
All rights reserved.
*** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 L-'XTRAORDINARY SESSIONS I
1-5, ***
7, AND 8, AND URGENCY LGGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SiON ,
LABOR CODE �
Division 2. Employment Regulation and Supervision
YaR 7. Public Works and Public Agencies
Chapter 1. Public Works ,
Article 3. Working Hours �i
, GO TO CALIFORNIA CODES ARCHIVE llIRECTORY
I
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� " i�<<,�z io
Cal Lab Code � I81>
Cal Lub Cnde a 181.i (2009)
§ 1815. Work performed in excess of specitied hour Iimitations; Compensation
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwith- �
I standing any stipulation inseRed in any contract pursuant to the requirements of said sections, work
performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one �
week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 I
hours per day at not less than I 1/2 times the basic rate of pay. I
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