AGR-6960 - FLOOR TECH AMERICA INC - FY 2019-20 CDBG ORANGE SENIOR CENTER FLOOR REPLACEMENT PROJECTsq R-b9 bo
CONTRACT
CDBG Orange Senior Center Flooring Replacement FP 2019-2020
Bid No. 190-15)]
THIS CONTRACT (the "ContracY') is made and entered into as of o2fc-V `0
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), and FLOOR TECH AMERICA, INC., a Califomia corporation ("Contractor"), who
agree as follows.
ARTICLE 1
Work PerFormed
a. For and in consideration of the payments and agreements hereinafter mentioned,to
be made and performed by City, Contractor hereby agrees to and shall do all the work and fumish
all the labor,materials, tools and equipment, except such as aze mentioned in the specifications to
be fumished by City to Conhactor, necessary to complete in good worlananship and substantial
manner the work(the"Work") described in:
1) Contractor's Bid Proposal (E ibit A), which includes scope of services and labor
compliance documentation,
2) The latest edition of the "City of Orange Standard Plans a d Specifications" (the
Orange Book") with the term "Engineer," as used in the Orange Book and in this Contract, to
specifically include the City Engineer(or his/her designee);
3) The "Standard Specifications for Public Works Construction"(the"Green Book"),
and all amendments thereto;
b. Contractor acknowledges that it has received the Plans from City and that a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereof. The Orange Book and Green Book are on file with City's Public
Works Director and are hereby specifically referred to and by such reference made a part hereof.
Contractor hereby acknowledges[hat it has read,reviewed and understands the Scope of Services,
Orange Book, and Green Book, all of which documents shall be referred to herein collectively as
the"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self-hauled construction and demolition waste. The terms and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and
the Bid Proposal and all applicable laws, including any and all applicable federal and state labor
laws and standards and applicable prevailing wage requirements and any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment.
e. Unless and until otherwise notified in writing by City's Community Services
Director, City's Park Supervisor Paul Miller ("Authorized City Representative") shall be the
person to whom Contractor will report for the performance of the Work hereunder. It is
understood that Contractor's performance hereunder shall be under the direction and supervision
ofthe Authorized City Representative or such other person as City's Community Services Director
may designate from rime to time, that Contractor shall coordinate the Work hereunder with the
Authorized City Representative to the extent required by the Authorized Ciry Representative, and
that all performances required hereunder by Contractor shall be performed to the satisfaction of
the Authorized City Representative or Ciry's Community Services Director.
f.It is expressly agreed by and between the par[ies hereto that should there be any
conflict beriveen the terms of this instrument and Contractor's Bid Proposal, then this instrument
shall conuol and nothing herein shall be considered as an acceptance of the said teims of said Bid
Proposal conflicting herewith.
ARTICLE 2
Commeucement of Work
Contractor shall commence the Work provided for in this Contract within fifteen(15)days
of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion
of the Work within thirty (30) working days from such date, unless legal extension is ganted in
accordance with the terms set forth in the Green Book. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed THIRTY-SIX
THOUSAND SEVEN IIUNDRED THIIZTY-NINE DOLLARS and 00/100 ($36,739.00) as
compensation for furnishing all materials and doing all the Work contemplated and embraced in
this Contract. Said compensation covers (1) all loss or damage arising ou[ of the nahue of the
Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the Work until its acceptance by City, other than as
provided below; (3) all risks of every description connected with the Work; (4) all expenses
incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and
faithfully completing the Work, and for the whole thereof, in the manner and according to the
Plans and Specifications, and requirements of the Authorized City Representative under them.
Retention amounts shall be withheld from progress payments as required by law unless Contractor
provides securities in lieu of retention.
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ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which are required under state or federal law to perform the Work contemplated by this
Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including
a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all work included in the
Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any o£the materials or equipment installed pursuant to this Contract prove
defective or should the Work as a whole prove defective, due to faulty equipment,workmanship,
materials fumished or methods of installations, or should said Work or any part thereof fail to
function properly, as designed, due to any of the above causes within twelve (12)months after the
date on which said Work is accepted by City, Contractor shall make repairs and fumish such
materials and equipment as aze necessary to be fumished and installed within fifreen(15) calendar
days after the receipt of a demand from City.
a Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as originally intended either by the Plans and Specifications of this
Conhact or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen(15)calendar days after Contractor's
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
Ciry, Confractor shall reimburse City,upon demand,for all expenses incurred. Emergency repairs
will be deemed as those repairs determined by City's Director of Community Services to be
necessary due to an immediate deh-iment to the health, safety, welfare or convenience of the
residents of City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
Permit"), which governs storm water and non-storm water discharges resulting from municipal
activities performed by City or its contractors. In order to comply with the Permit requirements,
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the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing
Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and
source confrol techniques to minimize the impact of those activities upon dry-weather urban
runoff, storm water runoff, and receiving water quality. Examples include: wash water from
cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped
areas.
b. The Permit, the DAMP and the Model Maintenance Procedures aze on file in the
office of City's Director of Public Works. Contractor hereby aclmowledges that it has read,
reviewed and understands the Pemilt,the DAMP and the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in confom ance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Conhactor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered pursuant to this Contract. CiTy shall not have the
right to control the means by which Contractor accomplishes services rendered pursuant to this
Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and
equipment which may be required for furnishing services pursuant to this Contract. Contractor
shall be solely responsible for,and shall indemnify,defend and save City harmless from all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security,withholding and all other wages,salaries,benefits,taxes,exactions,and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement Sys[em benefits, or health, life, dental, long-term disability or workers'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have
no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a"public work," as that term is
defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Deparhnent of Labor Relations of the State of Califomia promulgates
prevailing wage determinations, Contractor hereby agrees that Contractor, and any subwntractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Deparhnent
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of Industrial Relations (www.dir.ca.eov/DLSR). Additionally, to perform work under this
Contract, Contractor must meet all State regisfration requirements and criteria, including project
compliance monitoring.
b. Attached hereto as Attachment No. 1 and incoiporated herein by this reference is a
copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and
1815 of the Califomia Labor Code. Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of t6e Labor Code and shall prosecute and complete the Work
under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in
accordance with the provisions of Section 3700 of the Califomia Labor Code. Acwrdingly, and
as required by Section 1861 of the Califomia Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this contract."
d. Contractor shall indemnify,protect, defend and hold harmless City and its officers,
employees, conhactors and agents, with counsel reasonably acceptable to City, from and against
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attorney's fees, wurt and litigation costs, and fees of expert witnesses) which result or
arise in any way from the noncompliance by Contractor of auy applicable local,state and/or federal
law, including, without limitation, any applicable federal and/or state labor laws (including,
without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that,
in connection with the construction of the Work which is the subject of this Contract, Confractor
shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as
used in this pazagraph shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted, adopted or amended from time to time. The foregoing indemnity shall
survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruihnent or recruitment advertising,layoffor termination,rates ofpay or other forms
of compensation and selection for training, including apprenticeship. Contractor shall post in
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conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall,in all solicitations and advertisements for employees placed by, or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any o[her basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any work covered by this Contract, provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Con[ractor agrees that it shall not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Conhactor knows or
has reason to know that Contractor, its officers,partners, or employees have a financial interest as
defined in Section 87103 of the Government Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, employees, attorneys, and contractors from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses
including reasonable attorney's fees and court costs)which City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury, loss or
damage whatsoever caused to any person or the property of any person which shall occur on or
adjacent to the real property which is the subject of this Contract, or in connection with
performance of this Contract which may be directly or indirectly caused by the acts or omissions
of Contractor or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or
substance. Contractor shall not be responsible for (and such indemniTy shall not apply to) any
willful misconduct,negligence or breach of this Contract by City or its officers, officials, agents,
employees, attorneys, or contractors. The foregoing indemnity shall survive termination of this
Contract.
b. Any and all claims under workers' compensation acts and other employee benefit
acts with respec[to Contractor's employees or Conhactor's subcontractor's employees arising out
of Contractor's work under this Agreement, including any and all claims under any law pertaining
to Contractor's status as an independent contractor.
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ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to proper[y which may arise from or in connection
with the performance of the work hereunder and the results of that work by Contractor, its agents,
representatives, employees or subcontractors.
b. Contractor shall maintain the following minimum amount of insurance: the greater
of either the limits set forth in(1)through(4),below; or all of the insurance coverage and/or limits
carried by or available to Contractor.
1) General Liability 2,000,000 per occurrence for 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
projecUlocation or the general aggregate
limit shall be hvice the required
occurrence limit.
2) AutomobileLiabiliTy I,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of California.
4) Employer's Liability 1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required
coverage ancVor minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Contract are
sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to City, its officers, officials, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or
be endorsed to contain,the following provisions:
1) City, its o cers, officials, agents, and employees are declared to be additional
insureds under the terms of the policy,with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability
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arising out of work or operations performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such work or operations. A policy endorsement
to that effect shall be provided to City along with the certificate of insurance. In lieu of an
endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall
apply to City as an additional.
2) For any claims related to this project, Contractor's insurance coverage shall be
primary insurance with respect to City,its officers,officials,agents and employees. Any insurance
or self-insurance maintained by City, its o cers, officials, agents and employees shall be excess
of Contractor's insurance and shall not contribute with it.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
E Contractor shall fumish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements should be on
forms acceptable to City. All certificates and endorsements are to be received and approved by
City before work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete,certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications
at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by City. In
such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i.Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Contractor, its employees, agents and subcontractors. Contractor
shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j.Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
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ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate
this Contract for any reason by giving five (5) days' written notice of intent to terminate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City terminate this Contract, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract,unless such termination shall be for cause, in which event City may
withhold any disputed compensation. City shall not be liable for any claim of los[profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its
subcontractors shall maintain reasonably full and complete books, documents, papers, accounting
records and other information (collectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the term of this Contract and for a
period of three (3) years after termination or completion of this Contract, CiTy shall have the right
to inspect and/or audit Conttactor's records pertaining to the performance of this Contract at
Contractor's office. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City, and copies thereof
shall be fumished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be lmowledgeable of and comply with all local, state and federal
laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Conkactor represents and warrants that Contractor:
1) Has complied and shall at all times during the term of this Contract comply, in all
respects, with all immigra[ion laws, regulations, statutes, rules, codes, and orders, including,
without limitarion, the Immigration Reform and Conhol Act of 1986 (IRCA); and
2) Has not and will not knowingly employ any individual to perform services under
this Contract who is ineligible to work in the United States or under the terms of this Contract;and
3) Has properly maintained, and shall at all times during the term of this Contract
properly maintain, all related employment documentation records including, without limitation,
the completion and maintenance of the Form I-9 for each of Contractor's employees; and
4) Has responded, and shall at all times during the term of this Contract respond, in a
timely fashion to any govemment inspection requests relating to immigration law compliance
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and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security,the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or sub-consultants to make these
same representations and warranties required by this Article 15 when hired to perform services
under this Contract.
d. Contractor shall,upon request of City,provide a list of all employees working under
this Contract and shall provide, to the reasonable satisfaction of City, verification that all such
employees are eligible to work in the United States. All costs associated with such verification
shall be bome by Contractor. Once such request has been made, Contractor may not change
employees working under this Contract without written notice to City, accompanied by the
verification required herein for such employees. Contractor shall require all subcontractors and/or
sub-consultants to make the same verification when hired to pedorm services under this Contract.
e. If Contractor,or a subcontractor or subconsultant,knowingly employs an employee
providing work under this Confract who is not authorized to work in the United States, and/or fails
to follow federal laws to determine the status of such employee, such shall constitute a material
breach of this Contract and may be cause for immediate termination of this Contract by City.
f.Contractor shall indemnify and hold City, its officials and employees harmless for,
of and from any loss, including but not limited to fines, penalties and conective measures, City
may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in
connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State
of Califomia and Contractor shall submit to the jurisdiction of Califomia courts. Venue for any
dispute arising under this Con[ract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other ageement,
oral or written,pertaining to the work to be performed under this Contract shall be of any force or
effect unless it is in writing and signed by both parties. Any work performed which is inconsistent
with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. The
City Manager is authorized to execute amendments to this Contract up to the amounts specified in
Chapter 3.08 of the Orange Municipal Code.
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ARTICLE 18
NoHce
Except as otherwise provided herein, all notices required under this Contract shall be in
writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of
deposit in the U.S.Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on
the date of the e-mail transmission.
CONTRACTOR" CTTY"
Floor Tech America, Inc. City of Orange
125 Mercury Circle 300 E. Chapman Avenue
Pomona, CA 91768 Orange, CA 92866-1591
Attn: Karrie Roarick Attn: Paul Miller
Telephone: 909-598-6328 Telephone: 714-532-6472
E-Mail: chris@floortechamerica.com E-Mail: pmiller@cityoforange.org
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the work provided herein shall be subject to the procedures set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and [he same instrument. Signahues
transmitted via facsimile and electronic mail shall have the same effect as original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS WHEREOF, the parties have entered into this Confract as of the date and
year fust above written.
CITY"
CITY OF ORANGE, a municipal corporation
BY. I /Y
Mark A. Murphy
Mayor of the City of Orange
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CONTRACT, Sf IV S AND INSURANCE
APPROVED BY: ATTEST:
V (11 1.+ 1/1 iL,l/la
Mary E. B ing Pamela Coleman, City Clerk
Senior Assistant City Attorn
CONTRACTOR"
FLOOR TECH AMERICA, INC.,
a Califomia corporation
Note: Signature of Chairman of the By:
Board, President or Vice President is Printe ame:
required] Title: C V!
Note: Signature of Secretary,Assistant By
Secretary, Chief Financial OfPcer or Printed Name: S//l/i G %
Assistant Treasurer is also required] Title: P2/'//
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EXHIBIT"A"
CONTRACTOR'SPROPOSAL
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L'•.,'oRc;j`gro"'"" CITY OF ORANGE
COMMUNINSERVICESDEPARTMENT www.cityoforange.org PHONE: (714)744-7274 • FAX:(714)744-7251
REQUEST FOR BID (RFB)
Bid No. 190-15
CDBG ORANGE SENIOR CENTER
FLOORING REPLACEMENT FY 2019-2020
CITY OF ORAPIGE
COMMUNITY SERVICES DEPARTMENT
230 E. Chapman Ave.
Orange, CA 92866
714) 744-7274
Date: October 31, 2019
PROJECT NAME: CDBG ORANGE SENIOR CENTER FLOORING REPLACEMENT FY 2019-2020
Location Address: 170 S. Olive Street, Orange, Ca. 92866
Contact Name: Paul Miller, Park Maintenance Supervisor,
Phone: 714-532-6472
E-Mail Address: pmiller@cityoforange.org
PROJECT DESCRIPTION: The City of Orange, CA, a Municipal Corporation, is requesting
qualified contractors to provide bids to replace Carpet and Vinyl Composition Tile in various
rooms. All work shall conform to City of Orange codes, ordinances and standards. The
work will generally include, but not be limited to:
1. Provide, deliver, and install all job related material to the jobsite.
2. Demo and remove carpet tiles in the entry, lobby, hallway, and lounge.
3. Install approximately 560 square yards of Carpet — Mohawk Iconic Earth Drifted
Ground.
4. Purchase and install approximately 3600 square feet of Armstrong Vinyl
Composition Tile in the in the main dining room over existing tile.
5. Purchase and install approximately 360 square feet of Armstrong Vinyl
Composition Tile in hallways and small side rooms.
6. Purchase and install approximate 2200 linear feet of 4"Burke rubber base molding
throughout.
7. All floor preparation, transition material, metal truck reducers, and reducer caps
to be inciuded.
8. All materials for this project must be approved by City representative prior to
purchase and installation.
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GENERAL PROVISIONS:
This project is federally funded by the Community Development
Block Grant (CDBG) requiring conformance to Federal Guidelines.
All the Federal requirements, the Davis Bacon Act, in particular,
shall apply for this project. If Federal and State wage rates are
applicable, then the higher of the two will prevail.
The Contractor shall be registered with the Department of Industrial
Relations. The contractor shall pay prevailing wages per the current
Department of Industrial Relations wage rate (including all scheduled
increases) and furnish Certified Payroll Reports for all workdays. This
project is subject to compliance and enforcement by DIR.
NOTE: All const uction work shall be performed in adherence to City of
Orange Standards and Specifications (available at the Public Works counter
for NON-REFUNDABLE charge of $12.00 ($15.00 if mailed), the current
edition of the CalTrans "Green Book" and the City of Orange Public Works
Standards and Specifications.
Contractor shall, at all times, carry valid insurance which meets all City of
Orange insurance requirements.
Contractor shall be required to provide a $1,000.00 deposit for use of a City
water meter on a City fire hydrant if needed for the project. Contractor
shall be charged $2.00/day for water meter rental and shall be responsible
for all water charges associated with project.
Existing site amenities (ex. building, sidewalks, walls, etc.) are to be
protected from all construction work. Any damage to any existing site
amenities outside of the work area and within the associated work area that
may be affected by this work will be repaired or replaced at the contractor's
expense to the satisfaction of the City of Orange.
All work shall conform to the specifications contained in the Request for
Bids and any subsequent Agreements.
Work for this project is tentatively scheduled to begin in May 2020.
Exhibit A
Page 3
SCOPE OF WORK AND PROJECT SPECIFICATIONS:
SITE PREPARATION:
1. Supply all equipment and labor necessary for all work to be performed
under this Request for Bids.
2. The contractor is responsibie for making him/herself familiar with all existing
site conditions at the work site within the boundaries detailed of this project
including, but not limited to terrain, utilities, point of connection/supply,
parking.
3. All furniture to be moved to a different location within the facility prior to
work commencing, and all furniture will be replaced to original location after
flooring replacement is complete by the contractor.
4. The contractor is to at all times during construction maintain/keep the job
site in a safe condition. This will include, but not be limited to, securing all
components and the removal of construction equipment/tools from the job
site.
5. At the conclusion of each day's work, the contractor shall remove all tools
and equipment and secure the work site to ensure safety. The project site
shall be leR each day in a clean, neat and safe condition.
SPECIALINSTRUCTIONS:
All demolition and construction work to be completed within 30 working
days from Notice to Proceed from the City of Orange. A "working day" is
considered to be Monday through Friday, excluding weekends, holidays and
rain delays.
Contractor and crew shall be on project daily until completion.
All questions, request for clarification, and comments shall be sent to the
City by e-mail, and must be clearly titled "Written Questions". All such e-
mails shall be sent to Paul Miller, Park Maintenance Supervisor at
emillerC citvoforanae.orq by Thursday, November 21, 2019 at 9
a.m. The City shall not be responsible for its failure to respond to e-mail
questions that have not been titled as such, and that have not been sent
directly to Mr. Miller.
Interpretation of Documents.The City Representative shall be promptly
notified, in writing, of any discrepancies, omissions, ambiguities, or
requirements that are likely to cause disputes between trades and similar
matters. When appropriate, the City shall issue Addenda. No
communication by anyone as to such matters except by Addenda, affects
the meaning or requirements of the Contract Documents.
Addenda. The City reserves the right to issue addenda to the Contract
Documents at any time up to 24 hours prior to the bid due time. Each
potential bidder shall leave their name at the job walk to ensure they
Exhibit A
Page 4
receive addenda. The City shall post addenda on the City website and shall
email copies of addenda to potential bidders that attended the job walk.
Engineer's estimate for this project is $40,000.
A MANDATORY pre-bid walk-through has been scheduled for Monday,
November 18, 2019 starting at 9:00 a.m. at the Orange Senior Center
170 S. Olive Street, Orange, Ca. 92866).
BID SUBMISSION:
Sealed bids are being invited under our Bid No. 190-15, CDBG Orange
Senior Center Flooring Replacement FY 2019-2020.
Please respond to the above REQUEST FOR BIDS on attached Bid
Sheet and return all pages of the RequestforBidsandaddenda (if
app/icab/e). P/ease submit THREE copies of the bid packet. Bids
must be submitted to the City Clerk at 300 E. Chapman Ave.,
Orange, CA 92866.
The contractor shall provide with this bid, a minimum of three(3) references
of commensurate/equai work with cities and/or municipalities.
References shall include:
o Flooring work completed within last (3) years.
o A description and location of said flooring work.
o An approximate cost of said flooring work.
o A contact person and phone number to verify flooring work.
Sealed bids will be received until 2:00 o.m..Thursday, December 5, 2019.
Responses may be submitted by mail or in person to the above
address. Bids will be publically opened and read in Conference
Room C, by the Purchasing Officer.
The City reserves the right to reject any contractor who they feel
does not meet a qualifying work experience or satisfying references.
The City reserves the right to reject at any time any or all bids, or
parts thereof, and to waive any variances, technicalities, and
informalities which do not impair the quality, or performance of the
project.
Eachibit A
Page 5
BID SHEET for Bid No. 190-15
CDBG ORANGE SENIOR CENTER FLOORING REPLACEMENT FY 2019-2020
Date: 12/04/2019
Bid Submitted by: Chris Roarick
Company Ndme:Flonr Tarh America
Address: 1 5 M r iryCirde
Pnmona. CA 9176R
Phone #: 9091598-6328
E-mail Address: chrisC Floottechamerica.com
Contact Name: Chris Roarick
Vice President Karrie Roarick
Signature of Responsible O cer or Employee Print Name
PRO]ECT
PROJECT NAME: CDBG ORANGE SENIOR CENTER FLOORING REPLACEMENT FY 2019-2020
Location Address: 170 S. Olive Street, Orange, Ca. 92866
Contact Name: Paul Miller, Park Maintenance Supervisor
E-Mail Address: pmillerCalciNoforanae.org
Phone:714-532-6472
The stated bid amount below constitutes the total dollar amount to perform the
work described in the above scope of services to include all that is required to
provide the work product and/or install all materials required to complete the work
to a professionai workmanship standard, and to install and apply all materials per
the approved plans and all manufacturer's specifications and recommendations.
Contractor represents and warrants that it has thoroughly investigated and
considered the scope of services and fully understands the difficulties and
restrictions in perForming the work. Contractor represents that it is experienced
in pertorming the work and will follow professional standards in pertormance of
the work. All services provided shall conform to all federal, state and local laws,
rules and regulations and to the best professional standards and practices.
Bid may be submitted on company form in place of this bid sheet.
Estimated working days needed to complete project: '$ Working Days
Total bid amount: $ 36,739.00
Page 5
Exhibit A
Page 6
Part 2—Recent Projects Completed
NOTE: ContractorshallprovidelnformaHnnforaminimumofthree 3Jmostrecently
completed public works projects wltbin thelast three(3)years. Names and references must
be cunent and verijlable. Use separate sheets thot contain ALL of the following information
or use[hfs form to list all project informatlon.
PROJECT INFORMATION
P o;e Name:
Lowell ES - HVAC Modernization
P o;en o at o: 5201 E Broadway, Long Beach, CA 90803
oW e iP b Age v: Long Beach USD
OwnerContactName:
Gaf,/ NeIlBCIaI T tie/Pos t o:
Superintendent
Emall Address:
GNenadal@Balfour6eaUyus.com
Current Pho e:
310)415-6655
P o eaoes r Pt on: Supply and install carpet, VCT, and wall base
Scope of Work)
contractAmount: $
3,933.00 Final Project Cost: $
119,567.03
Scheduled Completion:
OS/ZO 9 Actual Completion:
ZO 9
Additional Comments:
Contractor may dupl7cote this form os many tlmes as necessory to Ilst all proJects.J
Page 1 of 3
Exhibit A
Page 7
Part 2—Recent Projects Completed
NOTE: 6ontractorshall provlde fnfarmation for a minimum of fhree(3J most recently
completed public works praJecu within the last three(3J years. Names and references must
becurrentandverifiable. UseseparatesfieetsthotcontainALCofthefollowinglnformatlon
or use this form to Iist a!1 prajed information.
PROJECT INFORMATION
P o;e Name:
Etiwanda HS Auditorium
P o e o ac o:
3500 Victoria St. Rancho Cucamonga, CA 91739
oW e P b Age: Chaffey Joint Union High School District
OwnerContactName: `
Oe Wlnke Title/Posi[ion: SUp@flllt0fld@Ilt
emailaddress: jwinkel@tilden-coil.com
CurrentPhone:
909-939-2549
Supply and insiall carpet, LVT, rubber stair treads, and wall base
Project Description:
Scope of Work)
Contract.4mount: g
371,368.00
Final Project Cost: $
992 852.00
Scheduledcompletion: OrJ ZO J q ualCompletion:
O7/ZO 9
AddRtonal Comments:
Controctor may duplicote thls form as many tlmes as necessary to list oll proJects.J
Page 2 of 3
Exhibit A
Page 8
Part 2—Recent PrqeMs Completed
IVOTE: Contractorshall provlde information for a minimum of three(3J most recen[/y
comp/eted pu6lic works profects wlthin the last three(3)yeors. Names and references must
be current and verifiable. Use seporate sheets thot contain ALL of the following(nformation
or use ihis form to list all proJect information.
PROJECT INFORMATION
ProjectName: Tr p e Cr Wn E`S MPR
P o;e o at o:
530 Orange Ave. Perris, CA 92571
Owner/PublicAgency:
Va VerUe U`S
OwnerContactName: GC@g Wllltt011 r tieiPas,t o:
M&O Director
ema iaddre55: 9Whitton@valverde.edu
currentPhone:
951-259-3572
Pro]ea oescriPtion:
Supply and install Mondo rubber flooring and wall base.
Scope of WorkJ
rJJ OOO.00
FinalProeacost:
59,000.0
ContractAmount: $ ' j
ScheduledCompletion:
OBI2O 9 ActualCompletion:
OC LO 9
Additional Comments:
Contractor may duplicate this(orm as many times as necessary to Iist al!projects.J
Page 3 of 3
Eachibit A
Page 9
Attachment 1
U.S. Deparhnent of Housing and Urban Development
Office of Labor Relations
Federal Labor Standards Provisions
Form 4010
Exhibit A
Page 10
Applicability 1) The work lo be performed by the classification
The Project or Program to which the construction work requested is no[ performed by a classification in tha wage
covered by this contrect pertains is being assisted by the determination; and
United S[ates of America and the following Federal Labor 2) The classification is utilized in the area by the
Standards Provisions are included in this Contract conslruction industry; and
pursuant to the provisions applicable to such Federal 3) The proposed wage rete, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (IJ Minimum Wages. All laborers and mechanics wage rates contained in the wage determinalion.
employed or working upon the site o( lhe work, will be paid b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a weak, and employed in the classification (if known), or iheir
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
except such payroll deductions as are permit[ed by classification and wage rate (including the amount
regulations issued by lhe Secretary of Labor under Ihe designated for fringe benefi[s where appropriate), a reporl
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designae to
and bona fide fringe benefits (or cash equivalents Ihereof) he Administrator of ihe Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Adminisiration, U.S. Department of
those contained in the wage determinalion of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and mada a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or noti(y HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by [he Office of
under Section I(b)(2) of the Davis-Bacon Act on behalt of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subjecl to the provisions of 29 CFR
n the event lhe conUactor, [he laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more lhan a weekly period (but not less often
to be employed in the classitication or their
than quartedy) under plans, funds, or programs, which
representalives, and HUD or its designee do not agree on
cover he particular weekly period, are deemed to be the proposed classification and wage rate (including the
consiructively made or incurred during such weekly period.
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to ihe Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within lhe 30-day period that
each classification for [he time actually worked therein: additional time is necessary. (Approved by the Otfice of
Provided, That the employer's payroll recortls accuretely Managemenl and Budget under OMB Control Number
set forth the [ime spent in each classification in which 7p 5-0140.)
work is performed. The wage determination (including any d) The wage rate (including fringe benefits where
additional classification and wage ra[es conformed under
29 CFR 5.5(a)(i)(ii) and [he Davis-Bacon poster (WH-
appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its ii)(b) or (c) of this pare9raph, shall be paid lo all
subcontractors at the site of the work in a prominenl and orkers performing work in ihe classification under Ihls
accessible, place where it can be easily seen by the
contract from the first day on which work is performed in
workers.
the classification.
ti) (a) Any class of laborers or mechanics which is not Whenever the minimum wage rete prescribed in the
listed in the wage determination and which is to be
ontract for a class of laborers or mechanics includes a
employed under the contract shall be classifietl in fringe benefit which is not expressed as an hourly rate, lhe
conformance with lhe wage determination. HUD shall contrector shall either pay the benefit as stated in the
approve an additional classification and wage rate and age determination or shall pay another bona fide fringe
fringe benefi s therefor only when the following criteria
benefit or an hourly cash equivalent thereof.
have been met: iv) I(the contrector does not make payments to a trustee
or other third person, the contrector may consider as part
fortn HUD-0010(O6/2009)
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
Exhibit A
Page 11
of the wages of any laborer or mechanic [he amount of any communicated in writing to [he laborers or mechanics
costs reasonably anticipated in providing bona fide fringe a(fected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That lhe the actual cost incurred in providing such benefits.
Secretary of Labor has (ound, upon the written request of Contractors employing apprentices or Irainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been meL The Secre[ary of Labor may registretion of apprenticeship programs and certification of
require Ihe contractor to set aside in a separate account lrainee programs, the registretion of the apprentices and
assets for the meeting of obligations under the plan or lrainees, and the ratios and wage rates prescribed in Ihe
program. (Approved by the Office of Management antl applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management antl 8udget untler OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an authorized ii) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy o( all
cause to be withheld from the conlrector under lhis payrolls to HUD or its designee if the agency is a party lo
contract or any other Federal contract with the same prime the contrect, but if the agency is not such a party, the
contrector, or any other Federally-assisted contract conirector will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as lhe case may be, for transmission lo
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitled shall set out
accrued paymenls or advances as may be considered accurately and completely all of the informa[ion required
necessary to pay laborers and mechanics, including lo be maintained under 29 CFR 5.5(a)(3)(i) except that full
apprentices, irainees and helpers, employed by the social security numbers and home addresses shall not be
contrector or any subcontractor the full amount of wages included on weekly transmittals. Instead tha payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number (or
laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's
helper, employed or working on Ihe site of the work, all or social security number). The required weekly payroll
parl of ihe wages required by the contrect, HUD or ils information may be su6miUed in any form desired.
designee may, after wNtten notice to the conUactor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, fake such ac[ion as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further htto://www.dol.qov/esa/whd/forms/wh347instr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after he submission of copies of payrolls by all subcontrectors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the tull
withheld for and on account of the contractor or social security number antl current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in ihe case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the payrolls to the appliwnt
3. (i) Payrolls and 6asic records. Payrolls and basic sponsor, or owner, as the case may be, for Iransmission to
records relating thereto shall be maintained by the HUD or its designee, the conirector, or the Wage and Hour
contractor during tha course of ihe work preserved for a Division ot the Department ot Labor for purposes of an
period o( three years thereafter for all laborers and investigation or audi of compliance with prevailing wage
mechanics workinq at the site of Ihe work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
clessification, hourly rates of wages paitl (inclutling rates contractor for its own records, without weekly su6mission
of contributions or cos[s anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis-bacon Act), daily and 2 5-0149.)
weekly number of hours worked, deductions made antl b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary o( Labor has Statement of Compliance," signetl by the contraclor or
found under 29 CFR 5.5 (a)(1)(iv) that Ihe wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic indude the amount of any costs he payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- That the payroll for lhe payroll period contains the
Bacon Act, the contractor shall maintain records which information requirad [o be provided untler 29 CFR 5.5
show that the commitment to provitle such benefits is a)(3)(ii), lhe appropriate information is being maintained
enforceable, that the plan or progrem is financially under 29 CFR 5.5(a)(3)(i), and Ihal such information is
responsible, and that lhe plan or program has been correct and complete;
Previous editions are obsolete fortn HUDd01U(O6/2009)
Page 2 of 5 ref.Handbook 1344.1
Exhibi[A
Page 12
2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be Daid nol less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and per(ormed. In addition, any apprenlice pertorming work on
lhat no deductions have been made either directly or he Job site in excess of the retio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than ihe
permissible deductions es set forth in 29 CFR Part 3; applicable waga rate on the wage determination for the
3) That each laborer or mechanic has been paid not less o k actually performed. Where a contrector is pertorming
han the applicable wage retes and tringe benefits or cash construction on a project in a locality other ihan that in
equivalents for [he classification o( work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination expressed in percentages of [he journeyman's hourly
incorporatetl into ihe contract. rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
c) Tha weakly submission of a properly executed
must be paid at not less than the rale specified in thecerti(ication set forth on the reverse side of Optional Form
re istered
WH347 shall satisfy the requirement for submission of the
9 Progrem for the apprentice's level of progress,
Statement of Compliance' required by subparagraph expressed as a percantage of the journeymen hourly rate
specified in the applica6le wage determination.
A.3.(ii)(b).
Apprentices shall be paid fringe benefits in accordance
tl) The falsification of any ot Ihe above certifications may with the provisions of ihe apprenticeship program. If the
subject the contraclor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 0(the United States Code. listed on the wage determination for the applicable
iii) The contractor or subcontractor shall make the classification. I( the Adminislretor determines that a
records required under subparagraph A.3.(I) available for diffarent prectice prevails for he applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Depariment determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a Stale
interview employees during working hours on ihe jab. If Apprenticeship Agency recognized by the Office,
the contractor or su6contractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contrector will no longer be permitted to utilize
may, af[er written notice to the conlractor, sponsor, apprentices at less than the applicahle predetermined rate
applicant or owner, take such action as may be necessary for the work performetl un[il an accep[ahle program is
to cause Ihe suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, tailure lo submit the ii) Trainees. Except as provided in 29 CFR 5.16,
requiretl records upon request or to make such records trainees will not be permitted to work at less Ihan lhe
available may be grounds for debarment action pursuant to predetermined rate (or the work performed unless they are
29 CFR 5.12. employed pursuant ',to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidancad by
i) Apprentices. Apprentices will be permitted to work at formal certifica[ion by the U.S. Depariment ot Labor,
less than the predelermined rete for Ihe work they Employment and Training Adminisiration. The ratio of
performed when they are employed pursuant to and rainees to journeymen on the job site shall not be grealer
individually registered In a bona fitle apprenticeship than permitteA untler ihe plan approvetl by the
program regis[ered with Ihe U.S. Department of Labor, Employment and Training Administretion. Every trainee
Employment and Training Administration, Office of must be paid at not less than ihe rate specified in the
Apprenllceship Training, Employer antl Labor Services, or approved program for ihe trainee's level ot progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of he journeyman hourly rate
Office, or it a person is emplayed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paitl (ringe 6enefits In accordance with the
an apprenticeship program, who is not individually Provisions of the trainee program. It the trainee program
registered in the pro9ram, but who has been certified by does not menHon fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefils Iistad on the wage
Services or a State Apprenticeship Agency (where
determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division tletermines that ihere is an apprenticeship
an apprentice. The allowable ralio of apprentices to Program associated with the corresponding joumeyman
journeymen on lhe job site in any craft classification shall wage rate on ihe wage determina[ion which provides for
not be greater than the ratio permitted to the conUactor as
less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rete who is nol
worker listed on a payroll at an apprentice wage rata, who registered and participating in a training plan approved by
Previous editions are ohsolete fortn HUD-0O70(06/2009)
Page 3 of 5 ref.Handbook 1344.1
E chibit A
Page 13
the Employment and Training Administration shall be paid awarded HUD contracls or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
datermination for the work actually performed. In addition, ii) No part of [his contract shall be subcontracted to any
any trainee performing work on Ihe job site in excess of person or firm ineligible for award of a Government
the retio permitted under Ihe registered program shall be con[ract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contrac s or
determina[ion for the work actually performed. In the participale in HUD programs pursuant l0 24 CFR Part 24.
event the Employment and Training Administretion
withdraws approval of a training program, the contractor
The penalty tor making false statements is prescribed
will no longer be permitted lo utilize trainees at less [han
n the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
the applicable predetermined rete for the work per(ormed
U.S. Criminal Code, Section 1 Ot 0, Title 18, U.S.C.,
until an acceptable program is approved. Fetleral Housin9 Administratlon transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
iii) Equal employment opportunity. The utilization of way Ihe action of such Administration..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same [o be false.....
shall be in conformity with the equal employment shall he (ined not more than $5,000 or Imprisoned not
opportunity requirements of ExecuHve Order 11246, as more than lwo years, or both."
amended, and 29 CFR Part 30.
17. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic lo whom the wage,
contractor shall comply with the requiremenis of 29 CFR salary, or other labor standards provisions of[his Contract
Part 3 which are incorporaled by reference in this contrac are applicable shall be discharged or in any other manner
6. Subcontracts. The conirector or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts ihe clauses contained in subcontractor because such employee has filed any
su6paragraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has lestified or is about to testify in any
instructions require, and a copy of ihe applicable proceeding under or relating to the labor standards
pravailing wage decision, and also a clause reqWring the applicable under this Contract to his employer.
subcontrectors to include ihese clauses in any lower tier g, Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paregraph B are appiicable where the amount of ihe
tor the compliance by any subcontrac[or or lower tier prime contract exceeds $100,000. As used in this paragraph, ihe
subcontractor with all the contract clauses in this erms°laborers"and"mechanics'include watchmen and guards.
paragraph.1) Overtime requlrements. No wniractor or subconiractor
7. Contrect termination; debarment. A breach of the contracting for any part of Ihe contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the coniract and for debarment as a pertnit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided In 29 CFR individual is employed o such work lo work in ezcess of 40 hours in
5.2. such workweek unless such laborer or mechanic receives
S. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less[han one and one-haif times the basic
All rulings and interpretations of the Davis-Bacon and rate o! pay tor all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 ara workweek.
herein incorporated by reference in this contrect 2) Violation; liability for unpaitl wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation ot the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall nol be subject to the general dispu[es and any subcon[ractor responsible therefor shall be liable
clausa of Ihis contracL Such tlisputes shall be resolved in for Ihe unpaitl wages. In addi ion, such contractor and
accordance with the procedures o( the Department of subcontrector shall ba liable to the United Slates (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contracl for the District of
within lhe meaning of this clause include disputes between Columbia or a territory, o such District or to such
the conlractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department o! Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (ij Certification of Ellgibility. By entering into Ihis employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (7) of this paragraph, in hesumof$70foreach
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contreclor's firm is a person or firm ineligible lo be workinexcessofthestandarclworkweekof40hourswithoutpayment
awarded Govemment contracls by virtue of Section 3(a) of of Ihe overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) ofthis paragraph.
Previous edilions are obsolete fortn Hl1D-001U(06/2009)
Page 4 of 5 ref.Handhook 1344.1
Exhibit A
Page 14
3) Wtthholding for unpaid wages antl Iiquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative oi
the Department of Labor wi[hhold or cause [0 6e withheld, -
from any moneys payable on account of work performed by
the conlractor or subcontractor under any such contract or
any other Federal contract wilh ihe same prime con[ract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) ofthis paragraph.
4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forlh in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractore lo include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontrector with the clauses
set forth In subparagraphs (1) through (4) ot this
paragraph.
C. Health and Safety. The provisions of this paregraph C are
applicable where ihe amount of the pnme wntract exceeds$100,0 0.
1) No laborer or mechanic shall be required lo work In
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety antl health
slandards promulgated by the Secretary of Labor by
regulation.
2) The Contractor shall comply with all regulations
issued by Ihe Secretary of Labor pursuanl lo Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to ihe Contrect Work Hours and Safely
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
3) The contractor shall Include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontrectoa The contractor shall
take such action with respect lo any subcontractor as the
Secre[ary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of entorcing
such provislons.
Previous editions are obsolete form HUD-0010(O6/2009)
Page 5 0(5 ref.Handbook 1344.1
Exhibit A
Page 15
Attachment 2
System for Award Management
Wage Determination
As of September 17, 2019
PAIN1247-002 01/01/2019
Rates Fringes
SOFT FLOOR LAYER... . . . .. ... ......$ 35.35 14.56
httpsJl6ete.sem.gwMagedelartNnellonlCA20180024/dfdacument
U.S. De artment of Labor l(nA
Wage and Hour Division For Contractor's Optional Use;See Ins tlons t www.dol.govlwhdlformslwh347instr.htm) U.S.Wage anJ Hour Di ision
Persons are not required to 2spond to fhe collecfion ol inlormafion unless it displays a currently valid OMB canfrol num6et Rev.De0.2008
NAMEOFCONTRACTOR ORSUBCONTRACTOR RO RESS OMB No.:1235-0008
Expires:04l30/2021
PAYROLL N0. FOR WEEK ENDING PROJECT M1D LOCATION PROJECT OR CONTRACT NO.
1) 2) 3) 01DAVPND ATE 51 (fi) li)9)
8)
OEDIICTIONS
o NET
NNMEMlD NDIVIOUALIOENTIFYINGNUMBER ia GROSS WITH- WAGES
e.g.,LASTFOl1RDIGITSOFSOCIALSECURITV °y WORK o TOTALI RATE AMOUNT HOLDING TOTAL PAID
NUMBEROFWORI(ER 3u QASSIFICATION HOURSWORKEDEACHOAY HOURS OFPAV EqRNEO FICA TF% OTHER EDUCTIONS FORWEEK
0
s
0
s
0
s
0
s
0
s
0
s
0
s
0
s
W ile wmple4on of Foim WH341 is op4onal,i Is mantlalory lo coveretl conVadors and¢ubconVaclon peRo ming waM on FeCerally financetl or aaais eE wnsWtlion wntracls b respontl o Ihe infarma4on collection con ainetl in 29 GF.R.§§3.3,SS e).The CoOeland M
40 U.S.C.§3145)conlractors anE suEmnVacbrs perlorming work on Fetlerelty fnancetl or assisteE mnslructiom m tacb to'(umis woeWy e alatemanlwiN reapetl to 1M1e weges paitl eacM1 employee tlunng Ne precetling weak.' U.S.OepaNnenl ot Lebo 00L)regulations at
29 GF.R.§5.5(a 3 i1)requlre canVetlors lo suEmltweekly e wpy ai all payrolls lo iM1e Fetlerel e9ency wnVecYng lar o financing Na consW dian pmleC,accampanletl by a slgneE'Stakmen of Compllance'ntllwling Nat Ue pay olls a e cartect entl complefa anE Nal eac IaCore
o mechanic as been palE nol less Nan Ihe pmper Davis-Bacon prevailing wage 21e b 1he woB peKo metl.OL entl(eEeral conVacting agencies recelving M1is inlo mation review Ne inlo mation o tlelermine 0at employees have receiveE legally requireE wages antl Nnpe bene(6.
Publlc Burtlen SUtement
We estimate IFat is will Gke an average of 55 minWes b wmplele I is wllacllan,inGUEing 4me far reviewing insWCGons,searching ews in9 da a sourtes,gaNetln9 anE main alnln9 Ne Ea s naetled,antl wmpleling anE evlewing Ne wllection ot Inbrmalion.It you pave
eny mmmenU regaMing ihase est mates or any otM1er espect ot015 wllacHon,IncluEing aug9estlons tar retlucing IM1I%Cukeq sentl Nem ro he AtlminlsVa oy Wege entl Hour OiNslon,U.S.Departmen o laLor,ftoam 53503,200 LonStiNtion Avenue,N.W.
Weshin9an,D.0.20210
over)
Exhibit A
Page 17
ate b)WHERE FRINGE BENEFITS ARE PAID IN CASH
I.Each laboreror mechanic listed in lhe a6ove referenced payroll has been paid,
Name of Signalory Party) Tille) as intlicated on Ihe payroll,an amount not less than the sum of ihe applicabte
do hereby slate: basic hourlyvra9e rate plus the amount of the required iringe benef4s as listed
In the contract,except as noted in section 4(c)below.
1)Thal I pay or supervlse ihe payment of lha pereons employed by c)E%CEPTIONS
on the
ConVac[or or SLbcontractor) EXCEPTION(CRAFT)EXPLANATION
lhat during lhe payroil period commencing on lha
Buildin9 or Work)
y of antl ending lhe_day of
all persons employed on said projecl have been paid the full weeklywages earnetl, lhat no rebales have
6een or will be made either direclly or indireclly to or on behalf of said
from the full
Contractor or SubconVactor)
weekly wages eamed by eny person and hat no deductions hava been made either directly or indirectly
from[he Full wages eame0 by any person,other Ihan permissible detluctions as defned in Regulalions,Part
3(29 C.F.R.Subtitle A),issued by lhe Secretary of Lebor underihe Copeland Acl,as amanded(48 Stat.948,
63 Stat.108,72 Stat.967;76 Stat.357;40 U.S.C.§3145),antl tlescribed beiow:
REMNRKS:
2)Thal any payrolls olherwise under this contracl required to ba submitled Forthe above period are
wrrecl antl complele;lhal Ihe wage rates for laborers or mechanics contained therein are not less Ihan Ihe
applica6le wage rates contained in any wa9e tleterminalian inwrporeled inlo lhe wniract,Ihat Ihe classifca lons
setforih lherein for each laborer or mechanic confofm wiih lhe vrork he pertormed.
3)Thal any apprentices employed in ihe above period are tluly re9istered in a bona fde apprenliceship
progam regislered wiN a State apprenticeship agency recognizetl by ihe Bureau otApprenticeshlD antl
Training,United States Departmenl of Labor,or if no such recognized agency exisis in a State,are registered
vnth Ihe Bureau of ApD enliceship and Training,Uni etl Staies Departmenl of Labor.
4)That:
a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS NAMEANDTIRE SIGNqNRE
in addilion to the basic houdy wage rates paid to each laborer or mechanlc Ilsted In
the ahove referenced payroll, payments otfringebenefts as listedin the conVact THE WILLFUL FALSIFICATIONOFANYOFTHEPBOVESTATEMEMSMAYSU&IECTTHECONTRACTOROR
hBV0b88f10IW111bBT2dBI03PPfOPfl2[BPfOJf2RIS Of hBbEfIB¶OISIIChBItIPI0YCC5, SU9COMRNCTORTOCIVILORCRIMINALPROSECUTION.SEESECTION10010FTIREIBAN SECTION2310FTRLE
CXcepI 2S fl0l2d ifl 5¢C 10114 C)bEIOW.
31 OF THE UNITED STATES CODE.
E chibit A
Page 18
ADDENDUM #1
For
Request for Bid (RFB)
Bid No. 190-15
CDBG Oranae Senior Center Flooring Replacement
November 27, 2019
This addendum serves as written notice of the following corrections,
clarifications, additions and/or deletions to any and all copies of the
Request for Bid (Bid No. 190-15).
Regarding the floor plan:
Attached to this letter is a copy of the floor plan for the carpeting and
vinyl work discussed at the job walk. It describes the various project areas
and product type required for those areas.
Regarding the baseboard and cove base:
Install standard rubber baseboard in carpeted rooms rather than carpet
base and use a contrasting color from the carpet.
Use a cove base with a contrasting colorfor the vinylflooring.
Respectfully Submitted,
Paul Miller
Parks Supervisor
pmiller @cityoforange.org
714-532-6472
COMMUNITY SERVICES DEPARTMENT•230 E.CHAPMAN AVENUE •OR4NGE,CA 92866
Exhibit A
Page 19
EXIT EXIT
REST
ROOM
EXIT
EXIT
EXIT
SR. CENTER N.T.S.
ENTRY
ATTACIIMENT#1
Behind this page.]
ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registraHon; qualiticafions and applicarion;
fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on,be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any
public work contract that is subject to the requirements of this chapter. For the purposes of this section,
contractor"includes a subcontractor as defined by Section 1722.1.
a) To qualify for registration under this section, a contractor shall do all of the following:
1)(A) Register with the Deparhnent of Industrial Relations in the manner prescribed by the depadment and
pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify £or registration under
this section and an annual renewal fee on or before July 1 of each yeaz thereafter. The annual renewal fee
shall be in a uniform amount set by the D'uector of Industrial Relarions,and the initial registration and renewal
fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual
increments up to three years from the date of registration. Contractors who wish to do so will be required to
prepay the applicable nonrefundable application or renewal fees to qualify£or the number of years for which
they wish to preregistec.
2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section
3200) and includes sufficient coverage for any worker whom the conhactor employs to perform work that is
subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or
certification of self-insurance required under Section 7125 of the Business and Professions Code.
B)If applicable,the contractor is licensed in acwrdance with Chapter 9 (commencing with Section 7000) of
the Business and Professions Code.
C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or
determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration
award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment,
order, or determination that is under appeal, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
D) The confractor is not currently debarred under Section 1777.1 or under any other federal or state law
providing for the debarment of contractors from public works.
E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the
perfonnance of a contract for public works without being lawfully registered in accordance with this section,
within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e),
Attachment No. 1 ponv
Page 1 of 13
whichever is eazlier. If a contractor is found to be in violation of the requirements of this paragraph,the period
of disqualification shall be waived if both of the following are true:
i)The contractor has not previously been found to be in violation of the requirements of this paragraph within
he preceding 12 months.
ii)The contractor pays an additional nonrefundable penalty registration fee of two thousand dollazs($2,000).
b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 17713 and shall be used only for the purposes specified in that section.
c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision(a) on or before
the exp'uation of any prior period of registration shall be prohibited from bidding on or engaging in the
performance of any contract for public work until once again registered pursuant to this section. If the failure
to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an
additional nonrefundable penalty renewal fee equal to [he amount of the renewal fee within 90 days of the
due date of the renewal fee.
d) If, aRer a body awarding a contract accepts the contractor's bid or awards the contract, the work covered
by the bid or conhact is deteanined to be a public work to which Section ]771 applies, either as the result of
a determination by the director pursuant to Section 1773.5 or a court decision,the requirements of this section
shall not apply, subject to the following requirements:
1)The body that awarded the contract failed, in the bid specification or in the contract documents,to identify
as a public work that portion of the work that the determination or decision subsequently classifies as a public
work.
2) Within 20 days following service of notice on the awazding body of a determination by the D'uector of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subcontractors are registered under this section or are
replaced by a contractor or subcontractors who aze registered under this section.
3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal,
contract, or work performed after the awarding body is served with notice of the determination or decision
referred to in paragraph(2).
e) The requirements of this section shall apply to any bid proposal submitted on or afrer March 1, 2015, to
any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work
performed under a contract for public work on or after January 1, 2018, regardless of when the contract for
public work was executed.
This section does not apply to work performed on a public works project of[wenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work perfomied on a public works project of fiReen thousand dollars($15,000) or less when the project is for
maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work 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 holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
Attachment No. I ponv
Page 2 of 13
This section is applicable only to work performed under contract,and is not applicable to work carried
out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission;
exceptions; violations; penalHes
a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the conuact is awarded.
b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public
works contracts, and a bid shall not be accepted nor any confract or subcontract entered into without proof of
the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
1) The subcontractor is registered prior to the bid opening.
2)Within 24 hours afrer the bid opening,the subcontractor is registered and has paid[he penalty registration
fee specified in subparagraph(E) of pazagraph (2) of subdivision(a) of Section 1725.5.
3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public
Contract Code.
d) Failure by a subconfractor to be registered to perform public work as required by subdivision (a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor,with the consent of the awarding
authority, to substi[ute a subcontractor who is registered to perfoan public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
e) The department shall maintain on its Internet Web site a list of contractors who aze currently registered to
perform public work pursuant to Section 1725.5.
A contract entered into with any contrac[or or subcontractor in violation of subdivision(a) shall be subject
ro cancellation,provided that a contract for public work shall not be unlawful, void, or voidable solely due to
the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section
1725.5 or this secrion.
g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged
in the performance of any public work contract without having been registered in accordance with this section,
the contractor or subcontractor shall forfeit, as a civil penalty to the state,one hundred dollazs ($100) for each
day ofwork performed in violation of the registration requirement,not to exceed an aggregate penalty of eight
thousand dollars ($8,000) in addition to any penalty registrarion fee assessed pursuant to clause (ii) of
subparagraph(E) of paragraph (2) of subdivision (a) of Section 1725.5.
AttachmentNo. 1 onv
Page 3 of 13
h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
tiered public works contractor or subcontractor who is found to have entered into a subcontract with an
unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section
1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state,of one hundred dollars($100)
for each day the unregistered lower tier subcontractor performs work in violation of the registration
requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of
subdivision(a)of Section 1775 when determining the severity of the violation and what penalty to assess, and
may waive the penalty for a first time violation that was unintenrional and did not hinder the Labor
Commissioner's ability to monitor and enforce compliance with the requirements of this chapter.
3)A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant
to paragraph (1) if the lower tier subcontractor's perfomiance is in violation of the requirements of Section
1725.5 due to the revocation of a previously approved registration.
4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works
contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or
subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any
penalties pursuant to paragraph(1).
i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in
accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g)
and subparagraph (B) of pazagraph (1) of subdivision (h). Review of a civil wage and penalty assessment
issued under this subdivision may be requested in accordance with the provisions of Secrion 1742. The
regulations oF the Director of Industrial Relations, which govern proceedings for review of civil wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Article 2 (commencing with Section 1770), shall apply.
j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without
having been registered in violation of the requirements of Section 1725.5 or this section, the Labor
Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the
unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor
is registered. The stop order shall not apply to work by registered con[ractors or subcontractors on the public
work.
2) A stop order may be personally served upon the conhactor or subcontractor by either of the following
methods:
A) Manual delivery of the order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public
work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or
subcontractor at one of the following:
i) The address of the conhactor or subcontractor on file with either the Secretary of State or the Confractors'
State License Board.
Attachment No. 1 panv
Page 4 of 13
ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors'
State License Board, the address of the site of the public work.
3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party
contracting with the unregistered confractor or subcontractor,by the unregistered contractor or subcontractor,
or both. The appeal, hearing, and any further review of [he hearing decision shall be governed by the
procedures, time limits, and other requirements specified in subdivision(a) of Section 238.1.
4)Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered
by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage
rate by that employer£or any hours the employee would have worked but for the work stoppage,not to exceed
10 days.
k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or
subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty
of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding
ten thousand dollars ($1Q000), or both.
1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for
public work entered into on or after April 1, 2015. This section shall also apply to the performance of any
public work, as defined in this chapter, on or afrer January 1,2018,regardless of when the contract for public
work was entered.
m)Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 17713 and shall be used only for the purposes specified in that section.
n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition,installation, or repair work or to
work perfonned on a public works project of fifteen thousand dollazs ($15,000) or less when the project is for
maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contrac[s
a) All of the following are applicable to all public works projects that are otherwise subject to the
requirements of this chapter:
1)The call for bids and contract documents shall specify that the project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by
regulation.
3) Each contractor and subcontractor shall fumish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A)At least monthly or more frequently if specified in the contract with the awarding body.
B) In a format prescdbed by the Labor Commissioner.
4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on
a project for which registration is not required because of subdivision( of Section 1725.5, the unregistered
Attachment No. 1 ioirv
Page 5 of 13
contractor or subcontractor is not required to fiunish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years after
completion of the work.
5) The deparhnent shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision(a) if either of the following occurs:
1)The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on
all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December 31, 2011.
2)The awarding body has entered into a collective bargaining agreement that binds all contractors performing
work on the project and that includes a mechanism for resolving disputes about the payment of wages.
c) The requirements ofparagraph(1)of subdivision(a)shall only apply to contracts for public works projects
awarded on or after January 1, 2015.
d) The requirements of pazagraph (3) of subdivision(a) shall apply to all contracts for public work,whether
new or ongoing, on or after January 1, 2016.
SecNon 1775. PenalHes for violations
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 two hundred dollars($200)
for each calendar day, or portion thereof, for 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 considerarion of
bo[h 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
contrac[or or subcontractor.
ii) Whether the contractor or subwntractor has a prior record of failing to meet its prevailing wage
obligations.
B)(i) The penalty may not be less than forty dollars ($40) 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 eighty dollars ($80) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
Attachment No. 1 mav
Page 6 of 13
within the previous three years for failing to meet its prevailing wage obligations on a separate contract,unless
those penalties were subsequently withdrawn or overhuned.
iii) The penalty may not be less than one hundred [wenry dollars ($120) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section 1777.1.
C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding
wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor
or subcontractor shall be satisfied before applying that amount to [he penalty imposed on that contractor or
subcontractor pursuant to this section.
D) The detern ination 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 subcon[ractor,and the body awarding the contract 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 prevailing rate
ofper diem wages by the subcontractor,the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime conhactor 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:
I) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5,
1813, and 1815.
2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the
subcontractor 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 limited to,retaining sufficient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to the subcon[ractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalry of pequry from the subcontractor 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 complaint of the failure of a
subcontractor on that public works projec[[o pay workers the general prevailing rate of per diem wages.
SecHon 1776. Payroll records; retenHon; inspecrion; redacted informafion; agencies enHtled to receive
nonredacted capies of cerHfied records; noncompliance penalNes; rules
Attachment No. 1 raav
Page 7 of 13
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or
her in coanection with the public work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of pe{jury, stating both of the following:
1)The information contained in the payroll record is true and correct.
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 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 available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
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 for inspection
or furnished upon request to a representative of the body awarding [he contract and the Division of Labor
Standards Enforcement oF the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision(a) shall be made available upon request
by the public for inspecrion or for copies thereo£ However, a request by the public shall be made through
either the body awarding the contract or the Division of Labor Standards Enforcement. Ifthe requested payroll
records have not been provided pursuant to pazagraph (2), the requesting party shall, prior to being provided
the records,reimburse the wsts 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 office of the
contractor.
c) Unless required to be fumished directly to the Labor Commissioner in accordance with paragraph (3) of
subdivision(a) of Section 1771.4, 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 payroll 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 aze verified in
the manner specified in subdivision(a).
d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a)with
the entity that requested[he records within 10 days aRer receipt of a written request.
e) Except as provided in subdivision (, any copy of records made available for inspection as copies and
fumished upon request to the public or any public agency by the awarding body or the Division of Labor
Standards Enforcement shall be marked or obliterated to prevent disclosure of 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 obliterated. Any copy of records made available for inspection
by, or fumished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the purposes of allocating contributions to participants shall be marked or obliterated only to
prevent disclosure of an individual's full social security number, but shall provide the last four digits of the
social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-
management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29
Attachment No. 1 onv
Page 8 of 13
U.S.C. Sec. 175a) shall be mazked or obliterated only to prevent disclosure of an individual's social security
number.
fl(1)Notwithstanding any other provision of law, agencies that are included in the Joint Enforcemen[Strike
Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance
Code and other law enforcement agencies investigating violations of law shall, upon request, be provided
nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for
inspection and fiunished upon request to the public by an agency included in the Joint Enforcement Strike
Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be
marked or redacted to prevent disclosure of an individual's name, address, and social security number.
2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in
good faith in compliance with this subdivision.
g)The contractor shall inform the body awarding the con[ract 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 o£location and address.
h) The 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 confractor or subconhactor 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 con[ract is made or awarded, forfeit one hundred dollars ($100) £or each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards 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.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
j)The director shall adopt rules consistent with the California Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) goveming the
release of these records, including the establislunent of reasonable fees to be chazged for reproducing copies
of records required by this section.
SecHon 1777.5. Employment of registered appren6ces; wages; standards; number; apprenHceable
craft or trade; exemprions; contributions; compliance program
a)(1) This chapter does not prevent the employment upon public works of properly registered
apprentices who are active par[icipants in an approved apprenticeship program.
2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of[he
Califomia Apprenticeship Council established pursuant to Section 3070.
b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the[rade 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.
Attachment No. 1 ponn
Page 9 of 13
2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch
of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice
to fill out an application or undergo testing, training, an examination, or other preemployment process as a
condition of employment, the apprentice shall be paid for the time spent on the required preemployment
activity,including travel time to and from the required activity, if any, at the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective
bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment dnig or alcohol test and he or
she fails to pass tha[test.
c)Only apprentices, as defined in Section 3077, who aze in training under apprenticeship standards that have
been 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 employment 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.
d) If the contractor to whom the contract is awarded by the state or any political subdivision, in perfonning
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 forth in this section and may apply to any apprenticeship program
in the craft 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 azea or
industry affected. However,the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs,upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenriceship program's standards shall not be required to submit any additional application in order
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 accordance 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) Before commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship progam that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of joumeyman hours to be performed under the contract,
the number of apprentices proposed to be employed, and the approximate dates the apprentices would be
employed. A copy of this information shall also be submitted to the awarding body, if requested by the
awazding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit ro the awarding body, if requested, 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 apprenticeship programs shall retain this information for 12 months.
fl The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
Attachment No. 1 poiro
Page 10 of 13
g) The ratio of work performed by apprentices to joumeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates if the contractor agees to be bound by those standazds. However, 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 ofjourneyman work.
h) This ratio of apprentice work to joumeyman work shall apply during any day or portion of a day when
any joumeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day byjourneymen so employed. Any work per£ormed by a joumeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor 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 subconhact. However, the contractor shall endeavor,to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a particular crafr or trade, the Administrator
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each five journeymen in a craft or trade classification.
i)A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval cer[ificate, or who has been previously approved for an apprenticeship
program in the craft or trade,shall employ the mtmber of apprentices or the ratio of apprentices to joumeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision(g).
j)Upon proper showing by a contractor that he or she employs apprentices in a particular 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 Administrator of Apprenticeship may grant a certificate
exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, 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 percent.
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 craft or hade is replacing at least one-thirtieth of its joumeymen
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 property of fellow employees or the public
at lazge, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a joumeyman.
1) If 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 contractors shall not be required
to submit individual applications for approval to local joint apprenticeship committees, if they aze already
covered by the local apprenticeship standards.
Attachment No. 1 ronv
Page 11 of 13
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs joumeymen or apprentices in any apprenticeable craft or trade shall contribute to the Califomia
Apprenticeship Council the same amount that the director determines is the prevailing 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 contractor may add the amount of the
contributions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal yeaz thereafter, the Califomia
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Department of Industrial Relations for administering this subdivision, by making
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program shall
be made.
ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade
and county for which the training contributions were made to the council, the grant shall be divided among
those programs based on the number of apprentices from that counry registered in each program.
iii) All fraining contributions not distributed under clauses (i) and (ii) shall be used to defray the future
expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship
and preapprenticeship standards and requirements under this code.
B)An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the
apprenticeship program agrees,prior to the receipt of any grant funds,to keep adequate records that document
the expenditure of grant funds and to make all records available to the Department of Industrial Relations so
that the Department of Industrial Relations is able to verify that grant funds were used solely for training
apprentices. For purposes of this subparagraph, adequate records include, but aze not limited to, invoices,
receipts, and canceled checks that acwunt for the expenditure of grant funds. This subparagraph shall not be
deemed to require an apprenticeship program to provide the Department of Industrial Relations with more
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C)The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used
solely to fund fraining apprentices. If an apprenticeship program is unable [o demonstrate how grant funds
aze expended or if an apprenticeship program is found to be using grant funds for purposes other than training
apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of
tbe apprenticeship program.
3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the Sta[e Treasury. Upon appropriation by the
Legislahue, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of
carrying out this subdivision and to pay the expenses of the Deparhnent of Industdal Relations.
Attachment No. 1 ponv
Page 12 of 13
n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with 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 general contrac[ors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
p)An awazding body that implements an approved labor compliance program in accordance with subdivision
b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this sec[ion under
the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit riventy- five dollars ($25) for each worker employed in[he execution of
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article. In awarding any contract for public work, the awarding
body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take
cognizance of all violations of this article committed in the course of the execution of the contract, and shall
report them to the Division of Labor Standards Enforcement.
Section 1815. OverHme
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted in any contract pursuant to the requirements of said sec[ions, 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 1 '/z
times the basic rate of pay.
AttachmentNo. 1 ionv
Page 13 of 13
ATTACHMENT#2
Behind this page.]
ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislarive findings and declarations regarding Hmely and complete payment of
contractors for public works projects; claims process (Eff: January 1, 2017)
a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that
all cons[ruction business performed on a public works project in the state that is complete and not in dispute
is paid in full and in a timely manner.
b)Notwithstanding any other law,including,but no[limited to,Ar[icle 7.1 (commencing with Section 10240)
of Chapter 1 of PaR 2, Chapter 10 (commencing with Section 19100)of Part 2,and Ar[icle 1.5 (commencing
with Section 20104) of Chapter 1 of Part 3,this section shall apply to any claim by a contractor in connection
with a public works project.
c) For purposes of this section:
1) "Claim" means a sepazate demand by a conhactor sent by registered mail or certified mail with retum
receipt requested, for one or more of the following:
A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by a public entity under a contract for a public works project.
B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the conuact for a public works project and payment for which is not o[herwise expressly
provided or to which the daimant is not otherwise entitled.
C) Payment of an amount that is disputed by the public entity.
2) "Contractor" means any type of confractor within the meaning of Chapter 9 (commencing with Section
7000)of Division 3 of the Business and Professions Code who has entered into a direct contract with a public
entity for a public works project.
3)(A) "Public entiry" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division, bureau, boazd, or commission, the Califomia State University,the University of
Califomia, a city, including a charter city, county, including a charter county, city and county, including a
charter ci[y and county, district, special district, public authority,political subdivision,public corporation, or
onprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
B) "Public entity" shall not include[he followi g:
i)The Department of Water Resources as to any project under the jurisdiction of that depar[ment.
ii) The Department of Transportation as to any project under the jurisdiction of that department.
iii)The Department of Pazks and Recreation as to any project under the jurisdiction of that department.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
Attachment No. 2
Page 1 of 3
v)The Military Depadment as to any project under the jurisdiction of that depar[ment.
vi)The Department of General Services as to all other projects.
vii)The High-Speed Rail Authority.
4) "Public works projecY'means the erection, construction, alteration,repair, or improvement of any public
structure,building, road, or other public improvement of any kind.
5)"Subcontractor"means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or
is a lower tier subcontractor.
d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall
conduct a reasonable review ofthe claim and,within a period not to exceed 45 days,shall provide the claimant
a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon
receipt of a claim, a public entity and a conhactor may,by mutual agreement, extend the time period provided
in this subdivision.
B)The claimant shall fumish reasonable documentation to suppor[the claim.
C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed por[ion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, rehun receipt requested, the public entity shall have up to t}uee days
following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension,
expires to provide[he claimant a written statement identifying the disputed por[ion and the undisputed portion.
D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after
the public entiTy issues its written statement. If the public entity fails to issue a written statement, paragraph
3) shall apply.
2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail or certified mail, retum receipt requested, the public entity shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
B) Within 10 business days following the conclusion of the meet and confer confereuce, if the claim or any
portion of the claim remains in dispute, the public entity shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment
due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity
issues its written statement.Any disputed portion of the claim,as identified by the contractor in writing,shall
be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs
equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each
party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selecrion of the neutral mediator. If inediation is unsuccessful, the parts of
the claim remaining in dispute shall be subject to applicable procedures outside this section.
Attachment No. 2
Page 2 of 3
C) For putposes of this section, mediation includes any nonbinding process, including, but not limited to,
neutral evaluation or a dispute review board, in which an independent third party or boazd assists the parties
in dispute resolution through negotiation or by issuance of an evaluation.Any mediation utilized shall conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation
has been commenced.
E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if inediation under this section does not resolve
the par[ies' dispute.
3) Failure by the public en[ity to respond to a claim from a contractor within the time periods described in
this subdivision or to otherwise meet [he time requirements of this section shall result in the claim being
deemed rejected in its entirety.A claim that is denied by reason ofthe public en[ity's failure to have responded
to a claim, or its failure to otherwise meet the time requirements of this section,shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
5)If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity
because privity of contract does not exist,the contractor may present to the public entiTy a claim on behalf of
a subcontractor or lower tier subcontractor.A subcontractor may request in writing,either on their own behalf
or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public entity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcon[ractor in
writing as to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim,provide the subconfractor with a statement of the reasons for not having done so.
e) The text of this section or a summary of it shall be set foRh in the plans or specifications for any public
works project that may give rise to a claim under this section.
A waiver of the rights granted by this section is void and contrary to public policy,provided,however,that
1)upon receipt of a claim,the parties may mutually agree to waive,in writing,mediation and proceed directly
to the commencement of a civil action or binding azbitration, as applicable; and (2) a public entity may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contracmal provisions do not conflict with or otherwise impair
the timeframes and procedures set forth in this section.
g) This section applies to contracts entered into on or after January 1, 2017.
h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
Attachment No. 2
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