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HomeMy WebLinkAboutWildcat Engineering (Aanenson Wildcat) 2012-12-10 1 \ t i i _ . G � �— SHORT FORM CONSTRUCTION CONTRACT I This Agreement is made and entered on December 10, 2012, in Ukiah, ' California, by and between Aanenson Wildcat Inc. , dba Wildcat I Engineering, a corporation ( "Contractor") and the City of Ukiah I ( "City") , a general law municipal corporation. � RECITALS: L The plans and specifications for this work ( "the Work��) are contained in Exhibit A, which is attached hereto and incorporated I herein by this reference. i 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 I - - Manag�z���isvr-her-desrgrte�- - - _— AGREEMENT: � Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows . 1. PERFORMANCE OF THE WORR I Contractor wi11 perform the Work as further provided herein. II I l.l Time of Performance. Contractor shall commence the Work upon I issuance of the Notice to Proceed by the City and shall complete the � Work by no later than 30 working days, the count of which begins on the 10"' working day after the date of the Notice to Proceed. 1 . 1. 1. X [applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all 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 1 . 13-1 . 14 , below, the Contractor will pay to the City the sum of five S:u\agrems06\short fozm cons[nccion contracc December 30, 2012 1 II I _ _- _ . _ _ . __ . ._ _ _ _ _ - .— _ �I , , � hundred dollars ($500 . 00) per day for each and every calendar day' s delay beyond the time prescribed. . 1 . 1.2 ❑ [noc apPi��avie� In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the 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 I the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses i which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. I I 1.2 Construction of Contract Documents. Contractor will perform �I the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict ! between the plans and the specifications, the specifications will ' prevail . ��iere is any inconsi�en�y-IS�Cween t1'r�p3�arr�arl�Che - — specifications and this agreement, the terms of this Agreement shall I prevail, unless expressly stated otherwise in a particular specification. 1.3 Contractor furnished items. Contractor will furnish all ' necessary labor, materials, tools, equipment, and transportation I necessary to perform the Work. 1.4 Use of Employeea. 1 .4 . 1. Contractor shall pay all mechanics and laborers 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 wage 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 stipulated prevailing rates for such work or craft in which such il workman is employed for any work done under the Contract by him or her S:u\agrtms06\short form conscr�ccion concracc I�I December 10, 2012 I 2 I I i I , , I 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 than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1.4 . 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 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 recognizedin the collective ' bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Detenrtination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the - -wage-det-e�-i�ra�iorraE t�si�o-f�aar-k �ra-g�e�rrr�ex�--pl�ee wkere�te — 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 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. 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 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 I ' Code concerning the employment of apprentices by the Contractor or any r under him. Contractor and an subcontractor under him subcontracto y or her shall comply with the requirements of said sections in the employment of apprentices. S:u\agr[ms06\shor[ form conservctiom m�eract �, Oecembe[ 10, 2012 � 3 i . � Information relative to apprenticeship standards, wage schedules and other 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 . Copies of Labor Code Sections 1771 (requiring prevailing wages) , 1775 , (imposing penalties, including a $50 per day, per worker forfeiture, ! for failure to pay prevailing wages) , 1776 (requiring contractor to maintain available for inspection certified payroll records) , 1777.5 (requiring certain apprenticeship programs) , 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and % for overtime) are attached to this Contract as Exhibit B. 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 - Inspectors�-ra33-have-no atrthorttyto changeth�Wor3�-the-eomperisatsorr-- -- 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 acknowledges 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 cost . Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses i or any condition that might affect the cost of performing this Agreement. 1.7 New Products Required. All equipment, materials or fixtures 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 and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and payfor all permits, fees, and licenses necessary for the proper execution and completion of the work. ' 1.9 Protection of Site and Improvements. The Contractor shall S:u\agrtms06\short form conscraccion conCrace , December lo, 2012 � I 4 � � � a 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 shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in j 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 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. ' 1.11 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1.12 i�Tarranties. In addition to any other warranties in this contract, the Contractor warrants that the Work confoxms 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 acceptance of the Work by CITY. If CITY accepts any part of the Work beforefinal acceptance of the entire Work, the warranty sha11 continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor' s expense, any failure to conform, or any defect. [Initial if following sentence applies / / / /] CITY shall retain a of the Contract Amount to secure the Contractor' s warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1. 13. Extension of Time. S:u\agrtms�6\shorc form cons[xuction contrac[ I December 10, 2012 5 I I I I Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her I application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, 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. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving 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 45 days of the occurrence unless the City specifies in writing a longer period. Al1 claims for a time extension must be approved by the City and ! incorporated into a written change order. i -- �z4=L7nfavarable—Weathez�and-9tkrer �anditians. — — During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as sha11 not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor sha11 be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such i 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 ami�ient 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. 1.15. Saturday, Suaday, Holiday and Night work. I 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 for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. I S:u\agrtms06\short forn consenctior. cor.tracc I �ecembez lo, 2a12 � 6 il I It is understood, however, that night work may be established as a II regular procedure by the Contractor if he or she first obtains the 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 I inspection of the work. '� 1.16. Hours of Labor. Eight (8) hours of labor shall constitute a legal day' s work and the 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 j in the performance of the work under this contract, unless paying ' compensation for all hours worked in excess of eight (S) 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 dollars ($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 _ --- �ich-such-labo��r-, c�orkma�r- or.-m€E�ani�s-.r-��red-��pern�i�.ted-�c� -- - � 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 oP California and any acts amendatory thereof . I �I 2 . CONTRACT PRICE ! CITY shall pay the Contractor for performance of this Agreement the total sum of $9, 200 . 3. PAYMENT OF CONTRACT PRICE i 3 . 1 Thereafter, CITY shall pay Contractor installments equal to II the contract costs no later than 30 working days after the satisfactory � completion of each agreed upon phase of the Work. City shall retain the remaining $_N/A [amount or N/A] 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 approved by City within thirty (30) days of its receipt by City. ! �, S:u\agrcros06\shor[ Eorm consti'uccion contracc �', DecembeY 10, 2012 I 7 II Il l i � 4 . INDEMNIFICATION AND INSURANCE. I 4 .1 Indemnification. The Contractor shall do all of the work I ' and furnish all labor, materials, tools and appliances, except as otherwise herein e�cpressly stipulated, necessary or proper for performing and completing the work herein required in the manner and I within the time herein specified. The mention of any specific duty or i liability imposed upon the Contractor shall not be construed as a i limitation or restriction of any general liability or duty imposed upon II the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall 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. — �iI-t�completion and�inaT accep�ance T�y Ch�Ci'Cyof-a1I t�-worc� 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 I whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. I 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 investigators arising out of or resulting from the performance of the I work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, 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 or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone ' for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. � In any and all claims against the City or any of its agents or employees a rems06 shorc form conscrvction con[ract ', S:u\ 9 \ I December 10, 2012 B II I i by any employee of the Contractor, any subcontractor, anyone directly � or indirectly employed by any of them, or anyone for whose acts any ' 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 benefit acts, or other employee benefit acts. The I obligation to indemnify shall extend to and include acts of the , indemnified party which may be negligent or omissions which may cause I 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 i - —�atisfa�tor-y -ez�d�nc���.haY -e€��t-fur-��1ied�a-th�Gity� 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, represen�atives, employees or subcontractors. I 4 .2. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: 1 . Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001) . 2 . Insurance Services Officeform 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. 4 .2 .2 . Minimum Limits of Insurance Contractor shall maintain limits no less than: 1 . General Liability: $2, 000 , 000 per occurrence for S:u\agrcros�6\shorc form cons[zuceion coa[racc necember 1], 2�12 g I I _ - — �- - – - - - . , I 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 aggregate limit shall apply separately to this I project/location or the general aggregate limit shall be twice the required occurrence limit . 2 . Automobile Liability: $2, 000, 000 per accident for bodily injury and property damage. 3 . Employer's Liability: $1, 000, 000 per accidentfor bodily injury and property damage. 4 .2.3. Deductibles and Self-insured Reteations 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, — - "of�ici`a�- emp�es an�3unt�r� o�the Cantracto� — , shallprovide afinancial guarantee satisfactoryto the City guaranteeing payment of losses and related investigations, claim administration and defense expenses . 4.2.4 . Other Insurance Provisions The general liability and automobile liability 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 insureds 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 . For any claims related to this project, the Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, volunteers. Any insurance or self-insurance maintained by S:u\agrtms06\short fozm mnstrvction ror.erac[ Oecember 1a, 2012 1� the City, its officers, officials, employees, or volunteers, I sha11 be excess of the Contractor� s insurance and shall not contribute with it. 3 . 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, return receipt requested, has been given to the City. I 4.2 .5. Acceptability of Insurers I 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-teim credit rating. I 4.2.6 . Verification of Coverage Contractor shall furnish the City with original - c�3"fica�s- and- amendatory encYorsement�efY-�z�ing - 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 15 days from written notice of contract 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 copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 4.2 .7 . Subcontractors Contractor shall include all subcontractors as insureds under 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. 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of S:u\agrtns06\shorc form conscruccion contract Oecembe: i0, 2012 11 I � 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 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 I terminated for lack of funds or abandonment of the project, the i contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services performed and e�cpenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall: 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; �i - - - -- _ —.. - - --- — I c. have the right to complete the Work and recover from Contractor I any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6 . MODIFICATION OF AGREEMENT. �I City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. , 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 shall not assign any interest in this Agreement, I and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of City. 8 . APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this agreement. �m �n,«��:, �o��=a�t S:u\agrvmso6\snomt Fo cons Decembei 10, 2012 i 12 I I . _ _ __ ._ _ _ _ _ _ . . _. .. .. .__. . . . 9. INDEPENDENT CONTRACTOR. I 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 all governmental I 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, rules, 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. — ---Gont��l�a33—�a�est�ma�ed-a�id-ae�.�'�nal—a���at� income and self-employment taxes that are due the state and federal I government and shall furnish and pay worker' s compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and i against any claims or demands by federal, state or local government I agencies for any such taxes or benefits due but not paid by Contractor, I 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 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 I 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 11. SEVERABILITY. I�, S:u\aqr[ms06\shore Eorm construeLOa contraet December 10, 2012 . 13 �I i I I� . . -- -- --- - --- - � � --� -- - -- - . . _ . _ - --- - , , I�� � 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. This 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 I representations among the parties. No amendments to this Agreement i shall be binding unless executed in writing by all of the parties. 13. WAIVER. ��, No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall � --— any waiver con�ti�te a c�nuing wa�ver.- N�vaiver-str�rl lse-bi�rdin� , unless executed in writing by the party making the waiver. i � 14 . NOTICES. � Whenever notice, a ent or other communication is required or P Ym permitted under this Agreement, 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 : CONTRACTOR CITY Aanenson Wildcat, Inc. City of Ukiah � Dba Wildcat Engineering Ukiah Civic Center 450 Lakeville St . , Ste A 300 Seminary Ave. Petaluma, CA 94952 Ukiah, CA. 95482 FAX: 707-763-3167 FAX: 707-463-6204 Service by telefa3c shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Either party may change the address to which notices must be sent by ;I S:u\aSZtms06\short `.orm cons[xvc[ion concracc I Decembec 10, 2012 14 I , • I � i providing notice cf that change as erovided in ±his paragraph. 15. PARAGRAPH HEADINGS. The paragraph }:eadincs �oncair.ed �erein are for conver,ie.^.ce and reference only and are not ir.tended t-o defi::e or limit the scope of this aqreement . 16. DUPLICATE ORIGINALS. This Agreemer.t may be exec��ced ir. one cr more d��splicat2 origina�s bea:ing the orig'_nai signature of both parties and when so executed any such duplicate oriainal shall be admissible as proof of the existence and terms of the Agreement beriaeer. the oarties . I wH�RE?ORE, �!:e oarties have entered this P.greemer.t on the date first written above. , WILDCAT ENGINEERIGN CITY j � / C �/ gy;���" ByL-- GG� l�✓�� Tit1e :�_�_c���.tiT Tit�: � �iC�4 , ��7LCL(/L'C. California Contractor' s License Number 951203 � z -, y -� z , , , �5 - - - - _ - - ' . . � i CITY of UKIAH ������ � , 300 Seminary Avenue Ukiah CA. 95482 Phone 707463-6233,Fax 7073I3-3621 REQUEST FOR BID FAX AN�EMAIL RESPONSE WILL BE ACCEPTED � RETURN THIS FORM AATE: 11/30/2012 i THIS IS NOT AN ORDER __ , E3 5 � �� Company Name I,✓ �� r . �__ .. , ,� -,,,-, ,.. B[pS W[I.L BE RECEIVED UNTIL � &Address: 1:30 p.m.,December]0, 20]2 ', ` j �} ATTHEOFFICEOFTNEPURCHASINGSOPEftVISOR � r�G `P„i.(o���� �_ S� '�!{� 300 SEMINARV AVF..CITY oNK1AH BY: Mary Horger EmaiL mhorgerLciryofukiah.com ��.�.,.� ca 9yss� BI�SAREREQl1ESTEUFORTHEFOLLOWINfIT6MS: A}.L B�DS SHALL BE F.O.B. UKIAH� CA. QUANTI'PY DESC !ON PRICE: 1 Furnish all labor,materials,tools, equipment and incidentals, and doing $ Z � �_ Lump al(work invofved with the installation of the Manor Oaks and Gobbi Street .ump um SUlr1 Electric Substructure Project as per City of Ukiah Specification E32582 _ dated_Nov_ember 30,2012. , Please call Mary Horger at(707)463•6233 with any questions. ThanK you. Fill out inJ'ormation completely ix box 6e/ow. TERMS: TERMS: ]V$T 3� 1.Right is reserved to reject any and atl bids. DEL.TO: 2.Right is reserved to accep[separate items unless specifically denied by bidder. F.O.6• UKIAH 3.Right is reserved to rejecl a 6id fmm any bidder who has previousfy failetl lo per(orm LEAD TIME ARO: N/A atlequatey for the Ciry of IJklah. ��� C�O� MfPANY NAME: 4.In CASE OF DEFAULL the City of Ukiah may prowre the ifems quoted on from other �' l6✓ " � sources and hold the original bidder liable for any increased costs. , �GNnruRF.: - 5.The price,terms,delivery point,and delivery tlate may individually or collectively be the Rwr NAME: � basis of the awarding of the bid. IT6e: 6.ALL BIDS MUST 8E SIGNED. � PMpNE: 7 0>—l6 �r.c� 7.In submitting the bid,bitlder agrees that the bid shall remain open and may not be revoketl ', FAX: 7 0� _ or withdrawn for 60 days from the bitl due date,unless a different time periad is specifietl '�, I ATe: ���� ,/ Z in RFB. ��.. 8. Bitlder agrees to peAorm accordinq to ifs bid,if the City's acceptance is communicatetl to the bidder within the time specified in number 7 above. �� , , � REQUEST FOR BID City of Ukiah MANOR OAKS AND GOBBI STREET ELECTRIC SUBSTRUCTURE PROJECT Specification No. E32582 ' November 30, 2012 Bid Due Date 1:30 PM on December 10, 2012 'i i i � -- � . i Cely of Uktah Manor Oaks& Cobbi Stree!Electric Substruc[ure Projecl,Spec. E32582 I I. Introduction � Ciry of Ukiah is seeking bids from qualified Contractors to remove and replace concrete sidewalk, concrete driveway and asphalt concrete for the installation of underground electric substructure. The installafion of underground electric subsfmcture shall conform to Ciry of Ukiah Electric Utility Department specifica[ions, project drawings (kt201) and City of Ukiah Public Works Department specifications. The project location is in the700 Block ofEast Gobbi Streetand ManorOaks Mobile Estates in Ukiah,Catifomia. Il. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid(RFB)is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state!aw governing RFB's for Public Projects. The procedures goveming open market purchases are at the discretion of the Purchasi�g O�cer and may vary from bid to bid, depending on the City's needs. The Ciry Code encourages the Purchasing Ofticer to use modern communications, including the telephone,e-mail and the intemet,to obtain[he lowest possible price,consisient with the Ciry's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer ifyou would like[o be placed —_ _, on the Ciry's bidder's_list. 111. Contact Person ., The City has designated Mary Horger, Purchasing Supervisor, as the contact person for questions related to the work requested.Questions are to be submitted in writing and can be done so by far at(707)3 I 3- 3621,or by e-maii at mhor e�r(2citvofukiah.com. � IV. Bidder's Examination oP Site I Each bidder shall visit the site of[he proposed work and fully acquaint himself with local conditions, � cons[ruction and labor required so thal he or she may fully understand the facilities,difficulties and reshictions attending the execution ofthe work as reyues[ed in this Request for Bid.Bidders shall thoroughly examine and be familiar with these specifications.The failure of any bidder to receive or examine any form,addendum,or other document,or io visit the site and acquaint himself with conditions Yhere existing,shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract.The drawings for the work show the locations of the trees to be ramoved; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constiYUte a representation by the City or its officers that such condi[ions are actually existent,nor shall the Ciry,or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the wnditions shown on the drawings and the condi[ions actually revealed during the progress of the work or otheiwise. The bidder's attention is directed to the possible existence of obstructions within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. The bidder shall investigate to his or her satisfaction the conditions to be encountered,the character, quality and quantities of work to be perfortnad and materials to be furnished and the requirements of the Request for Bid documents.The submission of a bid shall be considered conclusive evidence that the bidder has made such examina[ion and has accepted the project workplace as a safe workplace to perform[he work of the Contract. 7 � � I I ' I � Cet o Ukiah y f Manor Oaks& Gobbi Slreet Electric Subst�ucture Project,Spec. E325B2 IV. Bid Submittallnstructions I Bids can be submitted in hardcopy,fax,or by email. Bids are due on or before 1:30 PM,December 10,20t2 to: - City of Ukiah � Attn: Mary Horger I, 411 West Clay Street � Phone: (707)463-6233,Fax: (707)313-3621 i Email: mhor er cityofukiah.com It will be the sole responsibility of the bidders to have their bids dalivered to the City before the closing ' � hour and date.Late bids will not be considered and wiil be retumed unopened to the sendec The City will not ' be responsible for any cost incurred by the Contractor in preparation of their bid response. V. SconeofWork � Work requested under this bid shatl, in general,consist of;trenching Tpprnximately 40'tn insta113" Schedule 40 conduits; excavate, install, backfill and compact for one(l) 504LA vault(Provided by City); Pxrav�,�inetall a kfili com actforone 1 moduleenclosurebox ad(ProvidedbyCity);includingsaw cut, removc and replace existing asphalt conerete (25' 1�, sidewalk (16' I�, and other incidental work as — '' shown on the project drawing and as necessary[o complete the project.All work shall also be in accordance with City of Ukiah Electric Utility Department(UEUD)and Public Works Depanment specificationsand the project drawi�g. The UEUD will assist the Contactor with the layout of work area. Work shall be completed at the project site within 30 working days from the Notice to Proceed. Work schedu]e should be based on working Monday t6ru Friday, 7:00 a.m. through 4:00 p.m., excluding Ciry holidays. i On a daily 6asis,the Contrnctor shal I keep the site of work and adjacent premises safe and as free from ' material, debris, and rubbish as prectical. All construction debris created by project must be cleaned �p, � removed,artd be disposed of properly and recycled if praciical.Hauling and dump Fees are the responsibility of the Contractor. . Work shall be completed at the project site within 30 working days from the Notice to Proceed. Contractor will pay to Ihe City the sum of five hundred dollars($500.00)per day for each and every calendar days delay beyond the time prescribed(please see attached Short Form Consiruction Contract for detaifs), j V!. MeasurementandPavment ' I Measurement–Installation of electric substructures witl be measured by the lump sum bid. Paymen[– The iump sum price shall include full compensation for fumishing all labor, materiats, tools, equipment and incidentals, and doing all the work involved installation of electric substructure as � designated by the project scope and plans,and no additional compensation will be allowed therefore. VIL Terms The Ciry asks that vendors specify their desired paymen[preferences in their bid response.The actual payment terms of the contract will be open for negotiation during the contract phase.Ifno special payments aze requested prior to issuing the work, thc City will assume net 30 terms. I 3 I I� � — — — — — _ __ i i � � Gty of Uktah Manor Oaks& Gobbi Street Eleetric Substructure Project,Spec. E32582 � � The Ciry reserves the right fo award to the lowest,responsible biddec The Cify also reserves the right � to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do I so, The price, terms, deiivery point, and delivery date may individually or cotlectively be the basis of the i awarding of the bid. In addition,the City reserves the right to make the selection of specific paRs of a bid,or I multiple proposals that will best meet the needs of the Ciry as defined in this RFB. In addition, the Ciry reserves the right to reject any or all bids. � The awarded contractor will enter a"Shott Form Construction Contract",sample attached. � Vlfl. BidderOualifieatinns iThe Ciry will satisfy itself that the potential contractors are reputable firms with a proven track rewrd I and a proven product. Contractors are asked to provide the information requested under Work Performance Historv Capabilitv, References are to be those who you have performed similar scope of work as asked for in , this RFB. References are to include the contact name and phone number.A minimum of three references are � requested. 1X. Igsurance Renuirements I� Bidder's attention is directed to the insurance requirements — see attached detailed insurance ' requirements (two pages). Contractors shall furnish to the Ciry, upon award ojcontract, certificates of ; insurance covering full liability under W orker's Compensation laws of the State of Califomia,Comprehensive _ General Liabili and Business Auto Insurance with policy limits oFnot�ess than$2,OOQ000 naming the Ciry as an additional insured party. -- I It is highly recommended that contrac[ors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and e�dorsements as prescribed and provided herei��. If an apparent awarded contractor fails to comply with the insurance requirements,that contractor may be disqualified from award of tha contract.lf you have questions regarding the CiTy's requiremen[s,please wntact the City's Risk Manager at 707-463-6287. X. License and Additional Reauiremenfs 1) Compliance with L aws and Re ulations: All materials, paRS and equipment furnished pursuant to these specifications shal!be in compljance wlth the laws and regulations of the State of Califomia and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) L�e al Reauirements and Permits: The contractor agrees to fully comply with all local,Ciry,State and Federal laws,regulations and ordinances goveming performance oFcontractual services required,and it will be the responsibility of the contractor to ob[ain any and all necessary licenses,pertniu orclearances,includingthe ac[ual cost of licenses. 3) License Requirements: Bidder/Contractor must possess a current State of Calii'ornia contractoPs � IicenseandaCetyof!lkiahbusinesslicense. (Forinformationbusinesslicense,pleasecontactKathyNorris, City of Ukiah Finance Department at 707-463-6202.) a) The Conhac[or shall possess a valid State of California Class A Gcense.Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perfortn the work.Employees actually performing the tasks shall provide proof of proper certificates of registration for same. ' b) 'fhe bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used, bidder shall provide ihe City with proof of proper licenses, certificatas and proof of insurance for work performed. , 4 ' -- � , . � City of Ukiah Manor Oaks& Cobbi Street E[ectric Substructure Project,Spec E32582 �I 4) Notice to Bidders-Prevailing Wa¢es-Each Iaborer or mechanic of Contractor or any I subcontractor engaged in work on the project under this contract shall be paid,pursuant to provisions of I Section 1770, including amendments thereof,of the Labor Code of the State of Califomia,the Director of , the Department of Industrial Relations,State of Califomia,has ascertained the general prevailing rate of wages for straight time,overtime Saturdays,Sundays and Holidays including employer payment for health and welfare, vacation,pension and similar purposes,copies ofthe General Prevailing Wage Determination (applicable to the work), for[he locality in which the work is to be done can be reviewed at Website: www dir ca. ov� /dlsr/pwcUnorthem.html . I INDEMPIIFY AND HOLD HARMLESS AGREEMENT ' ' Contractor agrees to accept all responsibility for loss or damage to any person or entiry,and to defend, indemnity,hold harmless and release the Ciry,its officers,agents and employees,from and against any and all actions,claims,damages,disabilities,or costs of litigation that may be asserted by any person or entity,arising I out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, ; whether or not there is concurrent,passive or active negligence on the part of the City,but excluding liability due to the sole active negligence or willful misconduct of the Ciry. This indemnification obligation is not �, - IimiYed m any way by a�-iniiafion�amou�type oF�mages�r�,`ompensatian payable to orfor - -- , Contractor or its agents under Workmeds Compensation acts, disabiliry benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to Ciry property arising from or in connection with Contractor perPormance hereunder. The undersigned acknowledges that this document, [ogether with the resulting purchase order issued by the Ciry,the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties. The undersigned declares they are familiar with the items specified and have carefully read the RFB specification/requirements,checked all of the figures stated on the specifications and accepts full responsibility I for any error or omission in the preparation of this bid. This bid is submitted by,(check one) I _ Individual Owner _Partnership �Corporation _Other I Legal Name of Bidder�/e.�r.. 1 � 1 �, ,x -�, lt� (,�� 1�P� -� ' �-i�,�j„�, Address of Bidder� /�y,Qr .. �,� � �� S yv � �.fZi.l�nti-_ C� �/ y -/r;5`z Tax ID# Z7 �.�v'3o ZS7 Phone Number � �U 7-76 L-S So� Fax Number_�,j7-"763--3167 California State Contractor's License#: eiSl Lo 7 Expiration Date: ° 3� �i II gy; � Date �Z-._�U` �Z- I ' S� ature 7 Print or Type Name: � �6 'L �j•-� , �r-. / I`c.f .�s�i , Title 5 - - - - — _ J I City of Ukiah Mnnor Oaks& Gobbi Street Electric Substructure Project,Spec. E32582 WORK PERFORMANCE DATA HISTORY AND CAPABILITY:Provide lhe name,locations and a narrative statement on the work performed. � WORKPERFORMED 1. COMPANY NAME:_ CONTACT:__ ADDRESS: i PHONE � ) ���, 2 COMPANY NAME: `1 CONTACT ADDRESS - I PHONE: _ _ — - — �U 3. COMPANY NAME: . ' CONTACT: ADDRESS — PHONE: 4. COMPANY NAME: II CONTACT: ADDRESS: PHONE: — 5. COMPANY NAME: CONTACT: A�DRESS: PHONE: ( � � i City of Ukiah Manor Oaks& Gobbi Streer Electrtc Substructure Project,Spec, E32582 SUBCONTRACTORS: The bidder must submit a list ot subcontractors whom he proposes to employ on the work with � proper(irm name and 6usiness address o/each. Subcontractor's Name Work to be performed Address I i City/State/Zrp Phone Number Fax Number i� License NumbediypelExpiration Date Subcanhactors Name Work to be performed � Add�ess } i i Cify/Sfate2ip Phone Number Faz Number � License Number/TypelExpiration Date Subcontractors Name Work to be performed Address � CirylState/Zip Phone Number Fax Number License Number/Type/Expiration�ate 7 I . City of Ukiah Manor Oaks& Gobbi Street Electric Subs[ructure Project,Spec. E31582 I B[DDER/CONTRACTORSTATEMENT REGARDINGINSURANCECOVERAGE (Submit with Bid) PROPOSER/CONTRACTOR I-�REBY CERTIFI�S that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: . 'v1ANOR OAKS&GOBBI STREET ELECTRiC SUBSTRUCTURE PROIECT SPEC E31324 I Should we/1 be awarded the contract,we/f certify that we/I can meet the specified requirements for insurance,including I insurance coverage of the subcontractors,and agree Yo name Ihe City of Ukiah as AddiGonal lnsured for the work ' specified. And we/[will comply with[he provisions of Section 3700 ofthe La6orCode,which require every employerto i be insured against liabiliry for worker's compensation or to undertake self-insurance!n accordance with the provisions oF that code,before commencing the performance of the work specified. /`7 f t�sA�.,�a f.�� i 1 tQ[_r.?.��1 /, /i�r..-1 ��c,i ?�:S�j� ---- -- Please Print (Person,Firm,or Corporation) � / / v� � —� Signature ofAuthorized Representative / r 1— ( . F.n� f�-iAn u n SfJ✓� �r—fi ..1..:�.A Please Print (Name&Title ofAuthorized Kepresentative) � �i 6/ � 7 ���7�Z�SjOU Date Phone Number 8 � — — — -- � , _ I RISER CONDUCTOR REQUIRES 18 ft. OF CONDUCTOR INSI�E SWRCH l i i PADMOUNT SWITCH GROUNDING DEfAIL GROUND ROD �� _ _ _ 30 . _ . '—-- _ . ._—_ __ GROUND BUS 4/0�� STR B.4RE CU. LAY IN BOTTOM_/ OF TRENCH NOTES: 1. 4/0 STR. BARE CU GROUND SHALL BE ONE CONTINUOUS PIECE. 2. GROUND BUS SHALL BE INSTALLED AT THE BOTTOM OF THE TRENCH. 3. LAY 4/0 STR CU GROUND BUS IN BOTTOM OF VAULT PERIMETER AS SHOWN, SEE SHEET 1. 4. RISER CONDUCTOR SIZE TO BE: a. 4/0 STR BARE CU FOR PRIMARY CABLE LARGER THAN 2/0. �b. #2 STR BARE CU FOR PRIMARY CABLE 2/0 AND SMALLER. � 5. 4/0 STR BARE CU RISER CONDUCTOR TO BE TAPPED WITH #2 STR I BARE CU TO GROUND THE 600 AMP MODULES. , 6. GROUND BUS AND GROUND ROD INSTALLED AT TRANSFORMER SITES TO RISE IN THE SECONDARY PULL SECTION. 7. GROUND BUS AND GROUND ROD INSTALLED AT SWITCH SITES SHALL � RISE IN THE PRIMARY PULL SECTION AT ONE SIDE OF THE SWITCH ' AND THEN THE GROUND BUS SHALL CONTINUE TO THE PRIMARY PULL , SECTION AT THE OPPOSITE SIDE OF THE SWITCH. Pav.n C'JC..n=.:�. n�M'�>m.� . -. _ . P":,=)�4'�Eyw� <nt - ..>>-iew� Pa[[a1�.F[bI�.ECII-3'.aP�� I No. REVISIONS DATE 8Y CK'D APP'D I CONSTF2UCTION STANDARD CITY OF UKIAH VAULT AND PADMOUNT ELECTRIC UTILIlI' DEPARTMENT EQUIPMENT GROUNDING �I 04JAN11 AMS AMS SHEET z oF 2 3 � 4 � �07 DATE DRAWN DESIGNEO CHECKED APPROVAL REVISION - 4/0 GROUND �CONDUCTOR COIL . GROUND ROD I� ��CLAMP I I I GROUND ROD� i 30' GROUND BUS 4/0� . STR. BARE CU. � PLACE IN BOTfOM � I OF TRENCH GROUNDING DETAIL NOTE: 1 . A COIL OF GROUND CONDUCTOR SHALL BE LEFT BEYOND THE GROUND I ROD CLAMP ATTACHMENT. THE LENGTH OF GROUND CONDUCTOR I NEEDED AT EACH TYPE OF EQUIPMENT LOCATION IS AS FOLLOWS: � MODULE ENCLOSURE — 6 ft. TRANSFORMER — 6 ft. VAULT — 16 ft. SWITCH — 18 ft. 2. WHERE GROUND BUS IS TO BE INSTALLED AT PRIMARY VAULT LOCATIONS, THE GROUND ROD SHALL BE DRIVEN OUTSIDE OF THE PRIMARY VAULT. THE COIL OF GROUND CONDUCTOR SHALL BE PLACED INSIDE THE VAULT THROUGH A SEALED OPENING IN THE VAULT (SIDE). j 3. THE GROUND ROD SHALL BE GALVANIZED STEEL OR COPPER CLAD , STEEL NOT LESS THAN 5/8" IN DIAMETER AND 8 ft. IN LENGTH. I 4. A GROUND ROD CLAMP SHALL BE USED TO CONNECT THE GROUND CONDUCTOR TO THE GROUND ROD. THE GROUND ROD CLAMP SHALL BE A 3/4", #8— 1/0 STR COPPER CLAMP, JOSLYN CAT. N0. J8493AB OR APPROVED E�UAL. p�amm[c.ucc.C�aum.n�s mJ S.:nmgaNl9maA�`.A¢uCAD Ytl.�Cu;ol 1ku19LkiaM1 OH CG Gng SP��*\LnJao+nun�SPi=`E4mpm,x:Gaun�n�^31<IOOfl�wg PImmC Aue JI 2012.139am CONSTRUCTION STANDARD CITY OF UKIAH PADMOUNT EQUIPMENT GROUNDING ELECTRIC UTILITY DEPARTMENT I 30APR 12 AMS AMS sHE� 1 oF , 31 4 � ��8 I DATE DRAWN DESIGNED CHECKED APPROVAL REVISION �, I � I �,I ' SOIL AROUND REMAINDER I OF BOX PAD TO MATCH I FINISHED GROUND GRADE I MODULE ENCLOSURE MAXIMUM 4-5" HEIGHT OF I �BOX PAD SOIL AT BACK OF BOX PAD II FRONT BACK i ��—���—���—� � �—���—���I I� 3"_���—���—��� ��—��I—���—I� I ��_�� �_���= ��� ���—�I�= — II ��� ���= min. 6" �2�� � - ^ " _ _ ��tl�; - I 1=1 I1=1I I'-1 I 1=1I I- 1=1 I -I1=1I1-111=1I I, �'' I 'I 1=1 I 1=1 I 1=1 I 1=1 I 1=1 I I_ I 1=1 I I_ I-I I 1-i�'- �ii=i��='�i=111,;,111,;,111_ lil=iu-� HEIGHT OF CONDUITS INSIDE BOX PAD CRUSHED ROCK PER ASTM C38 HEIGHT OF SOIL GRADIENT #67 �3/4" TO N0. 4 INSIDE BOX PAD WELL GRADED) NOTES: 1 . MODULE ENCLOSURE BOX PAD SHALL BE LEVEL. 2. MODULE ENCLOSURE BOX PAD SITE TO BE COMPACTED TO 90% COMPACTION � (HYDRO—HAMMER IS NOT TO BE USED AROUND BOX PAD). No. REVISIONS DATE BY CK'D APP'D CONSTRUCTION STANDARD C I TY O F U K I A H MODULE ENCLOSURE BOX PAD ELECTRIC UTILITY DEPARTMENT CONDUIT AND BOX PAD INSTALLATION DETAIL �� aauc, z aMS AMS SHEEf , �F � 317 2431 DATE DRAWN DESIGNED CHECKED APPROVAL REVISION �i, I _ _— .___— - _ . _ __ — —__ _ _ _ .—I - - � , � / �42° �I �48 � 35" 29 -- -- - _ 3 '� - I � „ 45" 51 " � 54 60" NOTE: 1. MANUFACTURER REFERENCE: PROGLASS, INC. N0. TX484232 FOR I MALTON ENCLOSURE. �I ENGINEERING STANDARD I CITY OF UKIAH ELECTRIC UT�LITY DEPARTMENT MODULE ENCLOSURE BOX PAD 7JULY12 AMS AMS s�E� 1 oF 1 g22 5405 � ppTE ORRWN 061GNE0 CHECKEO APPfVOVP1 RWISION I � . i 4 'C' CHANNELS � PULL IRON — TYP 4 PLACES 24 In. LONG (ONE IN FACH CORNER). 50� 50' RATEO 10,000 Ib. MINIMUM. i VAULT N0. L001 506-1A � " \ � �0 0� 0 ��J OU � B-2• .ERMRD��T FACH SIOE SEE CONDUIT OEfAIL 12��2 �' Q 0 � ;' 38' O O� � —_ _ —' — _ . ___ _ � SUM�x4') 0 _ _ — ____ ._ — '_. � Sfi' 1-4" TERMPDUCT 56' � EACH SI�E SEE �/ CONDUIT DEfNL 12' 13.5" ] 9.5' 3' 3.5' L%LJ �J �� � „�, o �.O�J � ,z� � L �;�;�� 9' 13' T ���� 1 ,0- � `����J � ;� �JO � ; ALTERNATE CONDUIT DETAIL STANDARD CONDUIT DEfAIL B-2" AND 1-4" 1-2" AND 4-4" No. REVISIONS DATE BY CKD APPD I ENGINEERING STANDARD CITY OF UK1 ,4H PRIMARY VAULT ' ELECTRIC UTILITY DEPARTMENT UKIAH 504-LA 2aoEC,o aMS AMS SHEEf 2 oF z g22 5679 A DATE DRAWN DESIGNED CHECKED APPROVAL REVISION �, i i i I P.o. coNCa� LIRING INSERT CODE N0. P-36—T ttP (4 PLCS) � � RISER N0. UKIAH 55R � �� � �I ❑.ru��k���nc.CPDucun.n+unJSvirpWSne��k.�\i�mGDF'n\G.yofl'klahWAIaM1OHUGEn�SF'����6���� e5�an�w6iLN.prwiWlKiAH51W1{�, �yyy.SftOAwgP'.uw�J-,\i' _:?�II�IZwpm I CONSTRUCTION STANDARD i C I TY O F U K i A H PRIMARY VAULT - ACCESSORY RING ELECTRIC UTILITY DEPARTMENT UKIAH SO4—LA 2,o�T�o RF AMS SHEET , �F � g22 5680 DATE OR4WN DESIGNED CHECKED APPROVAL REVISION I , , � II HINGEO DIPMOND PLATE COVER WITH LOCKINC LATCH AND KICK STAND � ^ � ` / \ RECESSm � UFTING HAN�LE 33 11/16� \ / 36 3/8� p,D. CONCREfE LIFTING INSERr CODE N0. P-36—T �. TYP (4 PLCS) COVER N0. UKWi 55-332P I TO BE FULL TRAFFlC RATED (A45lir0 H-20) ° � II / i � / �/ / � I l� � II -- -- - - _ --- --- - � I I Notes: Lid assembly to be constructed and supplied with the following: I — One piece design, hinged on one side i� — Open 180 degrees and be equipped with latching mechanism � (Kick Stand) to hold the lid securely in place at slightly over I 90 degrees. — Galvanized steel, diamond plate or Allgrip material — Full traffic (AASHTO H-20) rated — Minimum opening 33"x36" — P.D. Concrete Lifting Inserts, Code No. P-36—T — Pentahead Bolt 0 w- uC L mIN o-ftm?.>.Po a iYOiAUKI�AH40GL��OVERJ .d .� g PlacoaSaP��L01:-999:m CONSTRUCTION STANDARD C I TY O F U K I A H HINGED VAULT COVER ' ELECTRIC UTILITY DEPARTMENT UKIAH `J04—LA 14AUG12 AMS AMS SHEEf 1 oF , g22 5681 DATE DRAWN DESIGNED CHECKED APPROVAL REVISION i I I . . i ♦ 'C' CH4NNEL5 PULL IRON - 1VP 4 PtACES 26 In. LONG (ONE IN EACH CORNER). 50" 50' AATEO 10,000 Ib. MINIMUM. I vnu�r r+o. �ooi soa-u � �� �U 0 I : ��o 00 o I B-2'TEftAIADUCT I FACM SIDE SEE �Z , CONpUR DEfAIL 2� �y- 0o U '• Se� 0 �0 I _. _ . _" _ " _ _ � _ — _. SUNP (� " _""_—.__ _- _ — . � • 56' 1-4' TERMPDUCr 55� � EACM SIOE SEE �` CONDUR DEfNL \\ \y/ 12� 13.5' �. ] 9.5' 3' 3.5' I ll LJ �� �1 � t2• ,— c%c% �� 13' T `%O �� —� , L �,�,�� � �� � 1 �o� � �i���J ' �J <- � L � ALTERNATE CONDUIT DETAIL STANDARD CONDUIT DETAIL 8-2" AND 1-4" 1-2" AN� 4-4" No. REVISIONS DATE BY CKD APPD ENGINEERING STANDARD CITY OF UKIAH PRIMARY VAULT ELECTRIC UTILITY DEPARTMENT UKIAH 504—LA 28DEC10 AMS AMS SHEEf 2 oF 2 � � � ��7� ' � � � � -,,-� .�„� � �� � � �� , " �, o � � i ' � '{�. � `o� � � � �,� n _ � , , ,a � a���A � � � � �� _. � _�.T n�Cf „�.. � � / �;o �,, ' ' �� �� - � � �dds � � � ..e i � i�� / � , < / )\ \`��` f111�' i� , . . aE, '� � � i ii� -� � � 'I 6 � .�e';::,°" '�:�:�°';'.,.. , �� ,x� x� � i���, • r- _..__d„�._. ,. � S io '�-�T}7%' �� ��,w � c�l �QI� � � .. ..,.. \� �� I 1 �. - �J ��� S�u�l � ,. 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'"°°`° SUBSTRUCTURE c�loeuwev ozm.x �ic.ec.eo uwiv � PROJECI' , . I Page l EXHIBIT B 1 of 5 DOCUMENTS DEERING'S CALIFORNIA CODES ANNOTATED Copyright (c) 2010 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS �_g *** � 7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES- SION LABOR CODE Division 2. Employment Regulation and Supervision Part 7. Public Works and Public Agencies ! -- C�r 1. Pub i�r� ' Article 2. Wages � GO TO CALIFORNIA CODES ARCHIVE DIRECTORY Cal Lab Code,¢ 1771 (2009) I § 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 work of a similar character in the locality in which the � public wark is performed, and not less than the general prevailing rate of per diem wages for holi- day and oveRime work fixed as provided in this chapter, shall be paid to all workers employed on public works. , This section is applicable only to work performed under contract, and is not applicable to work I canied out by a public agency with its own forces. This section is applicable to contracts let for �il maintenance work. 2 of 5 DOCUMENTS DEER[NG'S CAL[FORNIA CODES ANNOTATED Copyright (c) 2010 by Matthew Bender& Company, lnc. a member of the LexisNexis Group. All rights reserved. I I I I . . Page 2 Cal Lab Code§ 1775 *** TH[S DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS 1_5 *** 7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES- SION LABORCODE Division 2. Employment Regulation and Supervision Part 7. Public Works and Public Agencies Chapter 1. Public Works Article 2. Wages GO TO CALIFORNIA CODES ARCHIVE DIRECTORY i I Cal Lab Code,¢ 1775 (2009) I § 1775. Forfeiture for paying less than prevailing wage rates; Amount of penalty; Payments _ to workers; Liabili of rime contractor;_Notification of com Ip aint _ _ _ � (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than tifty dollars ($50) for each calendar day, or portion thereof, foc each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. �2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (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 the contractor or subcontractor has a prior record of failing to meet its pre- vailing wage obligations. (B) (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 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)The penalty may not be less than twenty dollars ($20) for each calendar day, or poRion thereof, for each worker paid less than the prevailing wage rate, iFthe contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage �I � �I , • Page 3 Cal Lab Code§ 1775 obligations on a separate contract, unless those penalties were subsequently withdrawn or over- tumed. (iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner deter- mines that the violation was willful,as defined in subdivision (c) of Section 1777.L (C) When the amount due under this section is collected from the contractor or subcontrac- tor, any outstanding wage claim under Chapter 1 (commencing with Section 1720)of Part 7 of Di- vision 2 against that contractor or subcontractor shall be satisfied before applying that amount to the 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 reviewable only for abuse of discretion. (E) 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 shall be paid to each worker by the contractor or subcontractor, and the body awarding the con- tract shall cause to be inserted in the wntract 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 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 requirements: (1) The contract executed between the contractor and the subcontractor for the performance of I work on the public works project shall include a copy of the provisions of Sections 1771, 1775, �i 1776, 1777.5, 1813, and 1815. (2) The contractor shall monitor the payment of the specified general prevailing rate of per di- em wages by the subcontractar to the employees, by periodic review of the certified payroll records of the subcontractor. (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 Iimited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (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 or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor 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- vailing rate of per diem wages. 3 of 5 DOCUMENTS � - . , . Page 4 II Cal Lab Code § 1776 DEERfNG'S CALIFORNIA CODES ANNOTATED II Copyright (c) 2010 by Matthew Bender& Company, Inc. a member of the LexisNexis Group. All rights reserved. *** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS 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 Part 7. Public Works and Public Agencies i Chapter 1. Public Works ARicle 2. Wages I GO TO CALIFORNIA CODES ARCHIVE DIRECTORY ' Cal Lab Code,¢ 1776(2009) § 1776. Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and oveRime hours worked each day and week, and the actual per diem wages paid to each joumeyman, apprentice,worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both I of the following: (1) The information contained in the payroll record is true and wrrect. (2) The employer has complied with the requirements of Sections 1771, 1811, and 181� for 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- I ble for inspection at all reasonable hours at the principal office of the contractor on the following I basis: (1) A certified copy of an employee's payroll rewrd shall be made available for inspection or I 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 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 De- partment of Industrial Relations. I (3) A certified copy ofall payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereo£ However, a request by the public I . . ' Page 5 � Cal Lab Code § 1776 �I I shall be made through either the body awarding the contract, the Division of Apprenticeship Stand- ards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting 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 rewrds at the principal of- �i fice of the contractor. I (c) The certified payroll records shall be on forms provided by the Division of Labor Standards ' Enforcement or shall contain the same information as the forms provided by the division. The pay- roll records may consist of printouts of payroll data that are maintained as computer records, if the ' printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). (d)A contractor or subcontractor shall file a ceRified copy of the records enumerated in subdi- vision (a) with the entity that requested the records within 10 days after receipt of a written request. I (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 - - �he-Divisien-ef-ba�ier--SEa+adardsE��fersgtineni-sha�l-b�markedAr--ebliterated-to-}�ce_uenidisclesureo� an individual's name, address, and social security number. 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, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 17,ia) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor mana�ement committee may maintain an action in a court of competentjurisdiction against an employer who fails to comply with Section 1774. The couR may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the crafr of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a viola- tion of this chapter. (� The contractor shal] inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (g) "Che 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 il ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectu- , ated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Stand- ards Enforcement, these 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. j (h) The body awarding the contract shall cause to be inseRed in the conuact stipulations to ef- I fectuate this section. � ---� i . ti . Page 6 Cal Lab Code§ 1776 ! (i) The director shall adopt rules consistent with the California Public Records Act(Chapter 3.5 ' (commencing with Section 62>0)of Division 7 of Title 1 oJ the Government Code) and the Infor- mation Practices Act of 1977 (TiUe t.8 (commencing with Section 1798) ofPart 4 ofDivision 3 of the Civil Code) goveming the release of these records, including the establishment of reasonable j fees to be charged for reproducing copies of records required by this section. , 4 of 5 DOCUMENTS � DEERING'S CALIFORNIA CODES ANNOTATED �I Copyright (c) 2010 by Matthew Bender& Company, Inc. a member of the LexisNexis Group. All rights reserved. *** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS 1_5 *+* 7, AND 8, AND URGENCY LEG[SLATION THROUGH CH 12 OF THE 2010 REGULAR SES- S ION LABOR CODE Division 2. Employment Regulation and Supervision � Part 7. Public Works and Public Agencies I Chapter 1. Public Works I Article 2. Wages GO TO CALIFORNIA CODES ARCHIVE DIRECTORY Cal Lab Code§ 1777.5 (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 crafr or trade to which he or she is registered. I (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and ; who are parties ro written apprentice agreements under Chapter 4 (commencing with Section 3070) I 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 agreements under which he or she is training. (2) The rules and regulations of the Califomia Apprenticeship Council. I i I . . . Page 7 Cal Lab Code§ 1777.5 �' (d) When the contractor to whom the contract is awarded by the state or any political subdivi- sion, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set foRh in this section and may apply to any apprenticeship program in the crafr or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship 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 program's standards shall not be required to submit any additiona] 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 ao- cordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who perForms any public works not excluded by subdivision (o). (e) Prior to commencing work on a contract for public works, every contractor shall submit con- -- tr-acE-award-ifafr�atiori�e-an-a�}�Iisable-a�flre-r�Eiceship-progearci-tlaat-caa-sup�ly-a{�prgn�iees te-t}a� — site of the public work. The information submitted shall include an estimate ofjoumeyman hours to be performed under the contract the number of apprentices proposed to be employed, and the ap- proximate dates the apprentices would be employed. A copy of this information shall also be sub- mitted to the awarding body if requested by the awarding body. W ithin 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if re- quested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The ap- prenticeship programs shall retain this information for 12 months. (� The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and mi- norities. (g) The ratio of work performed by apprentices to journeymen employed in a particular crafr or trade on the public work may be no higher 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 ofjoumeyman work. (6)This ratio of apprentice work to joumeyman work shall apply during any day or poRion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day byjoumeymen so employed. Any work performed by a joumeyman in 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 of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contrac- I, tor shall endeavor, to the �-eatest extent possible, to employ apprentices during the same time peri- 'i od that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly ap- ' prenticeship ratio is not feasible for a paRicular crafr or trade, the 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 for each five joumeymen in a crafr or trade classification. �I , . , Page 8 Cal Lab Code§ 1777.5 (i) A contractor covered by this section that has agreed to be covered by an apprenticeship pro- gram's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft 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-toS ratio required by subdivision (g). (j) Upon proper showing by a contractor that he or she employs apprentices in a paRicular craft or trade in the state on all of his or her contracts on an annual average 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-5 hourly ratio, as set forth in this section for that crafr or trade. I (k) An apprenticeship program has the discretion to grant to a participating contractor or con- tractor association a certificate, 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 of the following conditions is met: (1) Unemployment for the previous three-month period in the area exceeds an average of 15 _ oercent. — - (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable crafr or trade is replacing at least one-thirtieth of its journeymen 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 contract would create a condition that would jeopardize his or her life or the life, safety, or propeny of fellow em- ployees or the public at large, or the specific task to which the apprentice is to be assigned is of a namre that training cannot be provided by a joumeyman. (1) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member con- tractors shall not be required to submit individual applications for approval to local joint appren- ticeship committees, if they are already covered by the local apprenticeship standards. I (m) � (1) A conh-actor to whom a contract is awarded, who, in performing any of the work under the contract, employs joumeymen or appre�tices in any apprenticeable crafr or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevail- ing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor 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. I (2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafrer, the California �� Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training ap- prentices. The funds shall be distributed as follows: I ' � > e Page 9 CaI Lab Code§ 1777.5 (A) If there is an approved multiemployer apprenticeship program serving the same crafr or i trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade 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 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 of 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- fectuat�this�t�6n.—Th�stiputa�ans shatrfix tts�respaersitsilityaf co�tiance�ith this section for — - all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of gen- eral contractors or those specialty contractors involve less than thirty thousand dollars($30,000). (p) All decisions of an apprenticeship program under this section are subject to Section 3081. 5 of 5 DOCUMENTS DEERING'S CALIFORNIA CODES ANNOTATED Copyright (c) 2010 by Matthew Bender& Company, Inc. a member of the LexisNexis Group. All rights reserved. *** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS �_j **r 7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES- SION LABOR CODE Division 2. Employment Regulation and Supervision Part 7. Public Works and Public Agencies , Chapter l. Public Works Article 3. Working Hours GO TO CALIFORNIA CODES ARCHIVE DIRECTORY , I I � � � � Page 10 , Cal Lab Code§ 1815 �� il Cal Lab Code§1815 (2009) § 1815. Work performed in excess of specified hour limitations; Compensation Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwith- standing any stipulation inserted 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 hours per day at not less than I 1/2 times the basic rate of pay. I i I li I � I I I I I — — - - - - --- - - - - —