03.17 Main and Branch Libraries Exterior Painting ��°�°��°� AGENDA ITEM
*� :.*
�:. :�
����a��� September 11, 2018
�
Reviewed/Verifie
TO: Honorable Mayor and City Manager
Members of the City Council Finance Dire to
To Be Presented By: Christopher Cash
TI�RU: R1Ck Otto X Cons Calendar City Mgr Rpts
City Manager Council Reports Legal Affairs
Boards/Cmtes Public Hrgs
1N'IZOM: Chrlstophel'Cash Admin Reports Plan/Environ
Public Works Director
1. SUBJECT
Award of Contract Bid No. 189-04, SP-4048; Exterior Painting—Main and Branch Libraries
2o SUMMARY
Eleven bids for SP-4048;Exterior Painting—Main and Branch Libraries were received and opened
on August 16,2018. The apparent low bidder is US National Corp of Pacoima, CA(US National)
in the amount of$54,200.
3. RECOMMENDED ACTION
Award the contract in the amount of$54,200 to US National, and authorize the Mayor to execute
and the City Clerk to attest the contract on behalf of the City.
4. FISCAL IMPACT �
The total expenditure for this contract is $54,200 and will be funded through Painting —Library
Buildings (Project 30055)through Library Impact Fee (573).
5. STRATEGIC PLAN GOAL(S)
3. Enhance and promotes quality of life in the community—
� a. Refurbish, maintain, develop and/or expand public use places and spaces. �
4. Provide outstanding public service—
b. Provide facilities and services to meet customer expectations.
6. GENERAL PLAN IMPLEMENTATION
Cultural Resources and Historic Preservation Goal 5.0: Meet the educational, cultural, civic,
information, recreation, business, and life-long learning needs of residents through the provision
of library resources.
ITEM 3• �1 1 09/11/18
Policy 5.5: Provide friendly and welcoming library facilities that support the creation of both
formal and informal neighborhood commons.
7. DISCUSSION and BACKGROUND
The Facilities Condition Assessment report completed in 2017 recommended repainting of the
exteriors of the library facilities due to deterioration. Phase I of this project would entail the
exterior painting of the three libraries. During the preparation of the bid,it was determined that the
El Modena Library would benefit from a power wash of the exterior only; therefore, it was not
considered during the bid solicitation and the City Maintenance division has completed this task.
The engineer's estimate for this project is $47,000.
The bid solicitation was advertised on July 30, 2018 for a period of three weeks, and bids were
opened on August 16, 2018. Eleven bidders submitted proposals as follows:
TOTAL BID
1) US National Corp; Pacoima, CA $54,200
2) New Dimension General Construction; Anaheim, CA $66,800
3) Color New Co.; Woodland Hills, CA $69 000
,
4) Harbor Coating and Restoration; Orange, CA $88,000
5) Tony Painting; Garden Grove, CA $90,080
6) Anemos Enterprises Inc.; San Diego, CA $100,560
7) European Style Painting Co.; Crestline, CA $115,000
8) Painting&Decor, Inc.; Orange, CA $120,300
9) K2 Painting; Fullerton, CA $133,800
10)CTG Construction, Inc.; Wilmington, CA $141,700
11)Piana Construction and Painting Inc., Granada Hills, CA $193,000
The scope of work involves cleaning, preparing, repairing, and painting per project specifications
for the following: City of Orange Public Library located at 407 E. Chapman Avenue and Taft
Branch Library located at 740 Taft Avenue.
8. ATTACHMENTS
o Location Map
o Bid Abstract. -
• Contract
ITEM 2 09/11/18
City of Orange - Location Map
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8/17/2018 3:07:34 PM 1:27,000
0 0.23 0.45 0.9 mi
0 0.35 0.7 1.4 km
Public Works
City of Orange:Summary of Bid Abstracts for:
1 2 3
Exterior Painting-Main and Branch Libraries
Bid No. 189-04;Project No.SP-4048
Date of Bid Opening: 8/16/2018
E\GINEER'S ESTIb1A"CE US National Corp New Dimension General Color New Co.
Construction
TeL No. (R1R)686-2166 TeL No. (714)34R-R081 TeL No. (RIR)A84-0856
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICG AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
ORANGE PUBLiC LTBRARY IMPROVF:MENTS
I Surface Preparation,inclusive of pressure
washing areas to be painted and
removing all cracked or loose chalky
paint,dirt,grime,grease,mildew,other
foreign matter,patching,stucco repair � LS $ 4,500.00 S4,500.00 $600.00 $600.00 $5,580.00 $5,580.00 $13,600.00 $13,600.00
and trimming back of vegetation per the
Specifications
2 Primer application to all areas to be � LS $ 8,600.00 $8,600.00 $6,000.00 $6,000.00 $9,300.00 $9,300.00 $9,400.00 $9,400.00
qainted per the Specifications
3 Exterior paint application per the
Specifications(2 Coat min).Color to � LS $ 22,000.00 $22,000.00 $28,000.00 $28,000.00 $28,400.00 $28,400.00 $2Q000.00 $2Q000.00
match existing and to be approved by the
C'iry
4 Anti-Graffiti resistant coating application � LS $ 4,500.00 $4,500.00 $4,000.00 $4,000.00 $3.720.00 $3,720.00 $4,000.00 $4,000.00
per the Specifications(D)
ORANGE PUBLIC LIBRARY IMPROVEMENTS TOTAL $39,600.00 $38,600.00 $47,000.00 $47,000.00
TAFT BRANCH LIBRARY IMPROVGMGNTS
5 Surface Preparation,inclusive of pressure
washing areas to be painted and
removing all cracked or loose chalky
paint,dirt,grime,grease,mildew,other l LS $ 1,000.00 $I,000.00 $600.00 $600.00 $3,6A0.00 $3,680.00 $7,000.00 $7,000.00
foreign matter,patching,stucco repair
and trimming back of vegetation per the
Specifications
6 Primer application to all areas to be I LS $ 2,300.00 $2,300.00 $3,000.00 $3.000.00 $4,9(,0.00 $4,960.00 $6,000.00 $6,000.00
painted per the Sqecifications
7 Exterior paint application per the
Specifications(2Coatmin).Colorto � LS $ 4,100.00 $4,100.00 $12,000.00 $12,000.00 $11,160.00 $11,160.00 $9,000.00 $9.000.00
match existing and to be approved by the
ca�
TAFT BRANCH LIBRARY 1MPROVF,MENTS TOTAL $7,400.00 $15,600.00 $19,800.00 $22,000.00
$47,000.00 $54,200.00 $66,800.00 $69,000.00
Page 1 of 3
City of Orange:Summary of Bid Abstracts for:
4 5 6 I 7
Exterior Painting-Main and Branch Libraries
Bid No. 189-04;Project No. SP-4048
Date of Bid Opening:8/16/2018 ,
Harbor Coating and Restoration Tony Painting Memos Enterprises,Ina Guropean Style Painting Company
Tel.No. (714)500-9264 Tel.No. (714)899-5303 Tel.Na (858)538-3801 Tel.Na (909)723-01 AS
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
ORANGE PUBLIC LIBRARY IMPROV�MENTS
1 Surface Preparation,inclusive of pressure
washing areas to be painted and
removing all cracked or loose chalky
paint,dirt,grime,grease,mildew,other
foreign matter,patching,stucco repair � LS $5,000.00 $5.000.00 $17,325.00 $17,325.00 $21,300.00 $21,300.00 $5,000.00 $5,000.00
and trimming back of vegetation per the
Specifications
2 Primer application to all areas to be � LS 530,000.00 $30,000.00 $17,325.00 $17,325.00 $21,300.00 $21,300.00 $20,000.00 $20,000.00
painted per the Sqecifications
3 Exterior paint application per the
Specifications(2 Coat min).Color to � LS S30,000.00 $30,000.00 $31,950.00 $31,950.00 $34,080.00 $34,080.00 $50,000.00 $50,000.00
match existing and to be approved by the
Citv
4 Anti-Graffiti resistant coating application � LS 59,000.00 $9,000.00 $12,480.00 $12,480.00 $3,300.00 $3,300.00 $5,000.00 $5,000.00
per the Specifications(D1
ORANGE PUBL[C LIBRARY IMPROVEMENTS TOTAL $74,000.00 $79,080.00 $79,980.00 $80,000.00
TAFT BRANCH LIBRARY IMPROVL'MLN7S
5 Surface Preparation,inclusive of pressure
washing areas to be painted and
removing all cracked or loose chalky
paint,dirt,grime,grease,mildew,other � LS $4,000.00 $4,000.00 $2,750.00 $2,750.00 $7,350.00 $7,350.00 $5,000.00 $5,000.00
foreign matter,patching,stucco repair
and trimming back of vegetation per the
Specifications
(i Primer application to all areas to be � LS $5,000.00 $5,000.00 $2,750.00 $2,750.00 $S,R80.00 $5,880.00 $10,000.00 $10,000.00
painted per the Specifications
7 Exterior paint application per the
Specifications(2 Coat min).Color to � LS $5,000.00 $5,000.00 $5,500.00 $5,500.00 $7,350.00 $7,350.00 $20,000.00 $20,000.00
match existing and to be approved by the
('itv
TAFT BRANCH LIBRARY IMPROVEMENTS 7'OTAL $14,000.00 $I 1,000.00 $20,580.00 $35,000.00
$88,000.00 $90,080.00 $100,560.00 $1 15,000_00
Page 2 of 3
City of Orange:Summary of Bid Abstracts for:
8 9 10 11
Exterior Painting-Main and Branch Libraries
Bid No. 189-04;Project No.SP-4048
Date of Bid Opening: 8/16/2018
Painting&Decor,Ina CTG Construction,Inc. K2 Painting* Piana Construction&Painting*
Tel.No. (949)888-2565 Tel.No. (310)834-8015 TeL No. (714)749-4558 Tel.No. (818)488-1740
NO. DESCRIPTION OP WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICG AMOUNT UNIT PRICL AMOUNT UNIT PRICE AMOUNT
ORANGE PUBLIC LIBRARY IMPROVEMF.NTS
I Surface Preparation,inclusive of pressure
washing areas to be painted and
removing all cracked or loose chalky
paint,dirt,grime,grease,mildew,other I LS $5,010.00 $5,010.00 $28,700.00 $28,700.00 $10,800.00 $10,800.00 $I5,000.00 $15,000.00
foreign matter,patching,stucco repair
and trimming back of vegetation per the
Specifications
2 Primer application to all areas to be � LS $27,700.00 $27,700.00 $28,700.00 $28,700.00 $26,500.00 $26,500.00 $35,000.00 $35,000.00
painted per the Specifications
3 Exterior paint application per the
Specifications(2 Coat min).Color to � LS $55,400.00 $55,400.00 $55,350.00 $55,350.00 $51,000.00 $51,000.00 $53,000.00 $53,000.00
match existing and to be approved by the
('itv
4 Anti-Graffitiresistantcoatingapplication � LS $9,190.00 $9,190.00 $3,850.00 $3,850.00 $17,000.00 $17,000.00 $35,000.00 $35,000.00
per the Specifications(D)
ORANUE PUBLIC LIBRARY IMPROVEMENTS TOTAL $97,300.00 $I 16,600.00 $105,300.00 $138,000.00
TAFT BRANCH LIBRARY IMPROVEMENTS
5 Surface Preparation,inclusive of pressure
washing areas to be painted and
removing all cracked or loose chalky
paint,dirt,grime,grease,mildew,other � LS $1,335.00 $1,335.00 $6,300.00 $6,300.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
foreign matter,patching,stucco repair
and trimming back of vegetation per the
Specifications
C, Primer application to all areas to be � LS $7,387.00 $7,387.00 $6,300.00 $6,300.00 $8,500.00 $8,500.00 $20,000.00 $20,000.00
painted per the Specifications
7 Exterior paint application per the
Specifications(2Coatmin).Colorto � LS 514.278.00 $14,27R.00 $12,500.00 $12,500.00 $15,000.00 $15,000.00 $30,000.00 �30,000.00
match existing and to be approved by the
Ciry
TAFT BRANCH LIBRARY IMPROVEMENTS TOTAL $23,000.00 $25,100.00 $28,500.00 $55,000.00
$12Q300.00 �141,700.00 �133,800.00 $193,000.00
Page 3 of 3
CONTRACT
[Exterior Painting—Main and Branch Libraries (Bid No. 189-04; SP-4048)]
THIS CONTRACT (herein referred to as the "Contract") is made and entered into as of
, 2018 (herein referred to as the "Effective Date") by and between the CITY OF
ORANGE, a municipal corporation ("City"), and US NATIONAL CORP., dba, JIMENEZ
PAINTING COMPANY, a California corporation (the "Contractor"), with its principal office for
purposes of this Contract at 10205 San Fernando Road in the City of Pacoima, State of
California.
ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City, and under the conditions expressed in the two (2) bonds
presented to the City with this Contract and incorporated herein by this reference, Contractor
hereby agrees to and shall do all the work and furnish all the labor, materials, tools and
equipment, except such as are mentioned in the specifications to be furnished by the City to the
Contractor, necessary to complete in good workmanship and substantial manner the work(herein
referred to as the"Work") described in:
(1) The latest edition of the "City of Orange Standard Plans and Specifications"
(herein referred to as the "Orange Book") with "Engineer", as used in the
Orange Book and in this Contract,to specifically include the City Engineer(or
his designee);
(2) The "Standard Specifications for Public Works Construction (herein referred
to as the "Green Book"), and all amendments thereto;
(3) The "City of Orange Standard Special Provisions" attached hereto as
Attachment No. 1 and incorporated herein by this reference (herein referred to
as the"Special Provisions"); �
(4) The Standard Plans attached hereto as Attachment No. 2 and incorporated
herein by this reference; and
(5) The Contractor's Proposal, which is on file with the City's Department of
Public Works.
The Contractor acknowledges that it has received the Plans from the City and that a
complete copy of the Plans are in its possession and axe hereby specifically referred to and by
such reference made a part hereof. The Orange Book and the Green Book axe on file with the
City's Public Works Director and are hereby specifically referred to and by such reference made
a part hereof. The Contractor hereby acknowledges that it has read, reviewed and understands
the Plans, the Standard Plans, the Orange Book, the Green Book, the Special Provisions, and the
City of Orange Special Provisions and Encroachment Permit as they relate to the Work, all of
which documents shall be referred to herein collectively as the "Plans and Specifications".
Contractor shall be aware of Chapter 8.28 of the Orange Municipal Code which requires, among
other things, that Contractor utilize the 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.
The Work is to be performed in conformity with the Plans and Specifications and the
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.
Unless and until otherwise notified in writing .by the City's Public Works Director,
Randy Nguyen, the City's Principal Civil Engineer (herein referred to as the "Authorized City
Representative"), shall be the person to whom the 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 of the Authorized City Representative or such other person as the
City's Public Works Director may designate from time to time, that Contractor shall coordinate
the Work hereunder with the Authorized City Representative to the extent required by the
Authorized City Representative, and that all performances required hereunder by Contractor
shall be performed to the satisfaction of the Authorized City Representative or the City's Public
Works Director.
ARTICLE II
Contractor agrees to commence the Work provided for in this Contract within fifteen
(15) days of the date of the issuance by the City of a Notice to Proceed and to diligently
prosecute completion of the Work within Ninety (90) calendar days from such date, unless legal
extension is granted in accordance with the terms set forth in the Green Book.
ARTICLE III
The Contractor agrees to receive and accept an amount not to exceed FIFTY FOUR
THOUSAND TWO HUNDRED DOLLARS and 00/100 ($54,200.00) as full compensation for
furnishing all materials and doing all the Work contemplated and embraced in this Contract; also
for all loss or damage arising out of the nature of the Work aforesaid, or from the acts of the
elements, or from any unforeseen difficulties or obstructions which may arise or be encountered
in the prosecution of the Work until its acceptance by the City, and all risks of every description
connected with the Work, also for all expenses incurred by or in consequence of the suspension
or discontinuance of the Work, and for 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.
ARTICLE IV
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of the Contractor, then this
2
instrument shall control and nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
ARTICLE V
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 VI ,
The Contractor guarantees the construction and installation of all work included in the
Plans and Specifications for which the Contractor has been awarded this Contract.
Should any of 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 furnished 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 specified in this Contract is accepted by the City, the Contractor
shall make repairs and furnish such materials and equipment as are necessary to be furnished and
installed within fifteen(15) calendar days after the receipt of a demand from the City.
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
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
In the event repairs are not made within fifteen (15) calendar days after the Contractor's
receipt of a demand from the City, the City shall have the unqualified option to make any needed
repairs or replacements itself or by any other contractor. The Contractor shall reimburse the
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.
It is understood that emergency repairs, by necessity, may be made by the City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
the City, the Contractor shall reimburse the City, upon demand, all expenses incurred.
Emergency repairs will be deemed as those repairs determined by the City's Director of Public
Works to be necessary due to an immediate detriment to the health, safety, welfare or
convenience of the residents of the City.
ARTICLE VII
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.
Prevailing wage determinations exist for certain crafts since 1977. To the extent that the
Contractor's employees will perform any work that falls within any of the classifications for
which the Department of Labor Relations of the State of California promulgates prevailing wage
3
determinations, the Contractor hereby agrees that Contractor, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workmen. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.�ov/DLSR). It is our understanding that it is the practice and
policy of the Department of Industrial Relations to refrain from enforcing prevailing wage
obligations for any work that falls outside the scope of work referenced for a particular craft or
classification. Additionally, to perform work under this Contract, Contractor must meet all State
registration requirements and criteria, including project compliance monitoring.
Attached hereto as Attachment No. 3 and incorporated 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 California Labor Code. The Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of the California Labor. Code and, accordingly, hereby agrees
to and shall prosecute and complete the Work under this Contract in strict compliance with all of
the terms and provisions contained in those provisions of the California Labor Code.
. ,
The Contractor hereby agrees to and shall secure the payment of compensation to its
employees in accordance with the provisions of Section 3700 of the California Labor Code.
Accordingly, and as required by Section 1861 of the California Labor Code, the 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."
The Contractor hereby agrees to and shall indemnify, protect, defend and hold harmless
the City and its officers, employees, contractors 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, court and litigation costs, and fees of
expert witnesses) which result or arise in any way from the noncompliance by Contractor of any
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, Contractor shall bear all risks of payment or non-payment of state
prevailing wages. "Increased costs" as used in this paragraph 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 VIII
Contractor shall procure and maintain for the duration of this Contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
4
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00
O1).
2. Insurance Services Office Form Number CA 00 O1 covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occunence 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
project/location or the general aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 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.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to the City, its officers, officials, and employees; or the
Contractor shall provide a fmancial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, agents and employees are to be covered as
additional insureds with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or
operations performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work or operations. General Liability coverage shall be
provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc.
Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor's
insurance policy, or as a separate owner's policy.
5
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance with respect to the City, its officers, officials, and employees. Any insurance
or self-insurance maintained by the City, its officers, officials, and employees shall be excess of
the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days' prior written notice
has been provided to the City.
The Contractor shall fumish the City with original certificates of insurance and
endorsements effecting coverage required by this clause. The endorsements should be on forms
acceptable to City. All certificates and endorsements are to be received and approved by the
City before work commences. However, failure to do so.shall not operate as a waiver of these
insurance requirements. The 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.
All insurance procured and maintained by the Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in the State of California and having
a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating
Guide.
Contractor shall immediately notify the City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by the City.
In such a case, the 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.
Contractor hereby agrees to waive subrogation which any insurer of the Contractor may
acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in
favor of the City for all work performed by the Contractor, its employees, agents and
subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE IX
Contractor agrees to and shall defend, indemnify and hold harmless the City and its
officers, employees, attorneys, contractors and agents from and against any and all claims,
liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and
court costs) which the 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
6
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 the 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 the City or its officers, employees, attorneys, contractors or agents.
The foregoing indemnity shall survive termination of this Contract.
ARTICLE X
Time is of the essence in this Contract. Contractor shall do all things necessary and
incidental to the prosecution of Contractor's work.
ARTICLE XI
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 or mental or physical disability.
Contractor shall ensure that applicants are employed and that employees are treated during
employment, without regard to their race, color, religion, sex, national origin, or mental or
physical disability. Such actions shall include,but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation and selection for training, including apprenticeship.
Contractor agrees to post in 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 for race, color, religion, sex, national origin, or mental or physical
disability.
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 XII
City, acting through its City Manager or his 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 the
City may withhold any disputed compensation. City shall not be liable for any claim of lost
profits.
7
ARTICLE XIII
In accordance with generally accepted accounting principles, Contractor shall maintain
reasonably full and complete records of the cost of and completion of services performed under
this Contract. During the term of this Contract and for a period of two years after termination or
completion of this Contract, City shall have the right to inspect and/or audit Contractor's records
pertaining to the performance of this Contract at Contractor's office. Contractor agrees to make
available all records for inspection or audit at its offices during normal business hours and upon
3 days' notice from City.
ARTICLE XIV
This Contract constitutes the entire agreement of the parties. No other agreement, 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. This Contract shall be
construed in accordance with and governed by the laws of the State of California and Contractor
agrees to submit to the jurisdiction of California courts.
ARTICLE XV
This Agreement 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 the same instrument.
Signatures transmitted via facsimile and electronic mail shall have the same effect as original
signatures. Except as otherwise provided herein, all notices required under this Contract shall be
in writing and delivered personally 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 may be sent by either e-mail or U.S. Mail. Notices shall be deemed received
upon receipt of same or within 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" "CITY"
US National Corp., dba Jimenez Painting City of Orange
Company, a California corporation 300 E. Chapman Avenue
10205 San Fernando Road Orange, CA 92866-1591
Pacoima, CA 91331
Attn: Mary Martinez Attn: Randy Nguyen
Telephone No.:818-686-2166 Telephone No.: 714-744-5531
E-Mail Address: maryg@usnationalcorp.com E-Mail Address: rnguyen@cityoforange.org
ARTICLE XVI
a. Contractor shall be knowledgeable 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.
8
b. Contractor represents and warrants that Contractor has complied and shall at all
times during the term of this Contract comply, in all respects, with all immigration laws,
regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration
Reform and Control Act of 1986 (IRCA). Contractor further represents and warrants that he 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. Contractor 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. Contractor has responded, and
shall at all times during the term of this Contract respond, in a timely fashion to any government
inspection requests relating to immigration law compliance 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. Contractor shall require all subcontractors and/or sub-
consultants to make these same representations and warranties when hired to perform services
under this Contract.
c. Contractor shall, upon request of the City, provide a list of all employees working
under this Contract and shall provide, to the reasonable satisfaction of the City, verification that
all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by the Contractor. Once such request has been made, Contractor may
not change employees working under this Contract without written notice to the 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 perform
services under this Contract.
d. Any Contractor, subcontractor, or sub-consultant who knowingly employs an
employee providing work under this Contract who is not authorized to work in the United States,
and/or fails to follow federal laws to determine the status of such employee shall constitute a
material breach of this Contract and may be cause for immediate termination of this Contract by .
the City.
e. The Contractor agrees to indemnify and hold the City, its officials and employees
harmless for, of and from any loss, including but not limited to fines, penalties and corrective
measures, the City may sustain by reason of the Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Contract.
ARTICLE XVII
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 the City or its contractors. In order to comply with the Permit requirements, the
County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing
Model Maintenance Procedures with Best Management Practices ("BMPs") that the City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention
and source control techniques to minimize the impact of those activities upon dry-weather urban
9
,
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.
The Pernut,the DAMP and the Model Maintenance Procedures are on file in the office of
the City's Director of Public Works, which is located at 300 E. Chapman Avenue in the City of
Orange. The Contractor hereby acknowledges that it has read, reviewed and understands the
Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and
hereby agrees to perform the Work in conformance therewith.
ARTICLE XVIII
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. 4, and
incorporated herein by this reference.
[Remainder of page intentionally left blank;signatures on next pageJ
10 '
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the date and year first above written.
"CITY"
CITY OF ORANGE, a municipal corporation
By:
Teresa E. Smith
Mayor of the City of Orange
CONTRACT,BONDS AND INSURANCE
APPROVED BY: ATTEST:
Wayne W. Winthers, City Attorney) Mary E. Murphy, City Clerk
"CONTRACTOR"
US NATIONAL CORP., dba JIMENEZ
dba, JIMENEZ PAINTING COMPANY,
a California Corporation
[Note: Signature of Chairman of the By:
Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also required] Title:
11
ATTACHMENT NO. 1
CITY OF ORANGE STANDARD SPECIAL PROVISIONS
[A copy is available at the Public Works front counter. Subsequent to finalization of the
contract, a copy will be kept on file with the City-Clerks office.]
ATTACHMENT NO. 2
STANDARD PLANS
[A copy is available at the Public Works front counter. Subsequent to finalization of the
contract, a copy will be kept on file with the City-Clerks office.]
ATTACHMENT NO.3
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
OF THE CALIFORNIA LABOR CODE
California Labor Code Section 1725.5. Registration of contractors; rgtandatory registration;
qualifications and application; fees; exem�t 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)Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by
the department and pay an initial nonrefundable application fee of three hundred dollars ($300) to qualify
for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The
annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial
registration and renewal fees may be adjusted no more than annually by the director to support the costs
specified in Section 17713.
(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 contractor 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 accordance 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
detertnination 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 payrnent
of any amount eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law
providing for the debannent 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
performance 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), whichever is earlier. 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:
Attachment No. 3
Page 1 of 11 -
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph
within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars
($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 1771.3 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 expiration 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 the amount of the renewal fee within 90
days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered
by the bid or contract is determined to be a public work to which Section 1771 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 awarding body of a determination by the Director 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 are 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) of this subdivision.
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and
any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.
California Labor Code Section 1771. Pavment of general prevailin�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
perfortned, 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.
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.
Attachment No. 3
Page 2 of 11
California Labor Code Section 1771.1. Re�istration as a contractor or subcontractor required prior
to bid submission; exceptions; substitutions; Internet listing of registered contractors
(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 contract 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 contract 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 after the bid opening, the subcontractor is registered and has paid the penalty
registration fee specified in subparagraph(E) of paragraph(2) of subdivision(a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to 5ection 4107 of the Public
Contract Code.
(d) Failure by a subcontractor 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 substitute a subcontractor who is registered to perform 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 are currently registered
to perform public work pursuant to Section 1725.5.
(fl A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be
subject to 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 section.
(g) 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.
California Labor Code Section 1771.4. Additional requirements when bidding and awardin� public
works contracts
(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.
Attachment No. 3 �
Page 3 of 11
(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 furnish 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 prescribed by the Labor Commissioner.
(4) The department 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) of this section 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)(1) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works
projects awarded on or after January 1, 2015.
(2) The requirements of paragraph (3) of subdivision(a) shall only apply to the following projects:
(A) Projects that were subject to a requirement to furnish records to the Compliance Monitoring Unit
pursuant to Section 16461 of Title 8 of the California Code of Regulations, prior to the effective date of this
section.
(B)Projects for which the inirial contract is awarded on or after April 1,2015.
(C) Any other ongoing project in which the Labor Commissioner directs the contractors or subcontractors
on the project to furnish records in accordance with paragraph(3) of subdivision(a).
(D)All projects,whether new or ongoing, on or after January 1, 2016.
California Labor Code Section 1775. Penalties 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 fifty dollars ($ 50) 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 consideration of
both of the following:
Attachment No. 3
Page 4 of 11 �
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a
good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention
of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
(B)(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay
the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and
voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
within the previous three years for failing to meet its prevailing wage obligations on a separate contract,
unless those penalties were subsequently withdrawn or overturned.
(iii) Ttie penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was
willful, as defined in subdivision(c) of Section 1777.1.
(C) When the amount due under this section is collected from the contractor or 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 the penalty imposed on that
contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar
day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to
each worker by the contractor or subcontractor, and the body awarding the 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
of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties
under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay
the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with
all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and
1815.
(2) The contractor shall monitor the payrnent 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,
Attachment No. 3
Page 5 of 11
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 subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury 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 5tandards 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 project to pay workers the general prevailing rate of per diem wages.
California Labor Code Section 1776. Pavroll records; retention; insnection; noncomuliance penalties;
rules and regulations
(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 connection with the public work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both 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 the contract, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards 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 inspection or for copies thereof. However, a request by the public shall be made
through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of
Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to
paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through which the request was made. The
public may not be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement
or shall contain the same information as the forms provided by the division.
Attachment No. 3
Page 6 of 11
(d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a)with
the entity that requested the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or
any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and 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 furnished to, a joint labor-management committee established pursuant to the
federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated
only to prevent disclosure of an individual's name and social security number. A joint labor management
committee may maintain an action in a court of competent jurisdiction against an employer who fails to
comply with Section 1774. The court may award restitution to an employee for unpaid wages and may
award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining
the action. An action under this subdivision may not be based on the employer's misclassification of the
craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available
remedies for a violation of this chapter.
(� The contractor shall inform the body awarding the contract of the location of the records enumerated
under subdivision (a), including the street address, city, and county, and shall, within five working days,
provide a notice of a change of location and address.
(g) 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 contractor or subcontractor fails
to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on
whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or 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.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i) 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)
governing the release of these records, including the establishment of reasonable fees to be charged for
reproducing copies of records required by this section.
California Labor Code Section 1777.5. Employment of registered apprentices; wages; standards;
number; apprenticeable craft or trade; ezemptions; contributions
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public
works.
Attachment No. 3
Page 7 of 11
(b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft.
or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that
have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 axe eligible to be
employed at the apprentice wage rate on public works. The employrnent 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 California Apprenticeship Council.
(d) When the contractor to whom the contract is awarded by the state or any political subdivision, in
performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the
contractor shall employ apprentices in at least the ratio set 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 area 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 apprenticeship 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) Prior to commencing work on a contract for public works, every contractor shall submit contract award _
information to an applicable apprenticeship program that can supply apprentices to the site of the public
work. The information submitted shall include an estimate of journeyman 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 awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to 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 that can supply apprentices to the area of the site of the public work shall
ensure equal employment and affirmative action in apprenticeship for women and minorities.
(g) The ratio of work performed by apprentices to journeymen 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 where the contractor agrees to be bound by those standards, but, except as
otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for
every five hours of journeyrnan work.
Attachment No. 3
� � Page 8 of 11 .
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during
the day by journeymen so employed. Any work performed by a journeyman 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 subcontract. 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. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the
Division of Apprenticeship Standards, 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 that has agreed to be covered by an apprenticeship program's
standards upon the issuance of the approval certificate, or that has been previously approved for an
apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of
apprentices to journeymen 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 journeyrnen, the Chief of the Division of Apprenticeship Standards
may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for
that 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 trade is replacing at least one-thirtieth of its
journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(4) Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the
public at large, or the specific task to which the apprentice is to be assigned is of a nature that training
, cannot be provided by a journeyman.
(1) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors
in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be
required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
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
Attachment No. 3 .
Page 9 of 11
for payrnents 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) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making
grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be
distributed as follows:
(A) 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.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft.or
trade and geographic area for which the training contributions were made to the council, the grant shall be
divided among those programs based on the number of apprentices registered in each program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the
future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the
Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the.contract stipulations to 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 contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
(p)All decisions of an apprenticeship program under this section are subject to Section 3081.
California Labor Code Section 1813. Forfeiture for violations; contract stinulation; renort 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 twenty- five dollars ($25) for each worker employed in the 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.
Attachment No. 3
Page 10 of 11
California Labor Code Section 1815. Overtime
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 sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2
times the basic rate of pay.
Attachment No. 3
Page 11 of 11
ATTACHMENT NO. 4
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
§ 9204. Legislative findings and declarations regarding timely and complete payment of contractors for
public works projects; claims process
Effective: 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 construction 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 not limited to, Article 7.1 (commencing with Section
10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 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 separate demand by a contractor sent by registered mail or certified mail with return
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 contract for a public works project and payment for which is not otherwise
expressly provided or to which the claimant is not otherwise entitled.
(C)Payrnent of an amount that is disputed by the public entity.
(2) "Contractor" 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 has entered into a direct contract with a
public entity for a public works project.
(3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division, bureau,board, or commission, the California State University, the University of
California, a city, including a charter city, county, including a charter county, city and county, including a
charter city and county, district, special district,public authority,political subdivision,public corporation, or
nonprofit 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 the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that deparhnent.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii)The Department of Parks and Recreation as to any project under the jurisdiction of that department.
Attachment No. 4
Page 1 of 4
(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.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) "Public works project"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 of the 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 contractor may, by mutual agreement, extend the
time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed portion 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, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day period, or
extension, expires to provide the claimant a written statement identifying the disputed portion 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, return 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 conference, 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 payrnent
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
Attachment No. 4
Page 2 of 4
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 selection 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.
(C) For purposes 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 board 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
axbitration or the Public Works Contract Arbitration Program, if inediation under this section does not
resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in
this subdivision or to otherwise meet the time requirements of this section shall result in the claim being
deemed rejected in its entirety. A claim that is denied by reason of the public entity'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 his
or her 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 subcontractor 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 subcontractor 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 forth in the plans or specifications for any public
works project that may give rise to a claim under this section.
(fl 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 arbitration, 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 contractual 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.
Attachment No. 4
Page 3 of 4
(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, 2020, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
Attachment No. 4
Page 4 of 4
CITY COUNCIL MINUTES SEPTEMBER 11, 2018
3. CONSENT CALENDAR(Continued)
3.12 Accept and appropriate into the City's revenue budget a disbursement of$7,408 from
the Santiago Library System ("SLS"). (C2500.I)
ACTION: Accepted in the City's revenue budget $7,408 from SLS to revenue account
100.2001.48390.19988 (Santiago Library System); and authorized the appropriation of
$7,408 to expenditure account 100.2001.53301.19988 - Library Books (Santiago Library
System).
3.13 Final Acceptance of Bid No. 178-17; Orangewood Avenue and Katella Avenue Water
Quality Storm Drain Improvement; and authorization to file the Notice of
Completion with the County Recorder. (A2100.0; AGR-6563)
ACTION: Accepted the Orangewood Avenue and Katella Avenue Water Quality Storm
Drain Project as complete; and authorized the Mayor and City Clerk to-execute the Notice
of Completion.
3.14 Final Acceptance of Bid No. 178-30; Annual Slurry Seal at Various Locations,Fiscal
Year 2017-2018 (FY18); and authorization to file the Notice of Completion with the
County Recorder. (A2100.0; AGR-6609)
ACTION: Accepted the Annual Slurry Seal at Various Locations Project FY18 as
complete; and authorized the Mayor and City Clerk to execute the Notice of Completion.
3.15 CLAIMS (C3200.0)
The following claim(s)have been received and investigated by the City Attorney's Office
and/or the Risk Manager. After a thorough investigation with the involved departments, it
is the recommendation of the City Attorney's Office that the claim(s)be denied.
a. Cristeen Segal on behalf of minor
b. James M. Turner
c. Daniel John Albarian
ACTION:Denied Claim(s)for damages and referred to City Attorney and Claims Adjuster.
3.16 Award of Contract to Big Ben, Inc. for Batavia Street & Railroad Crossing Pipeline
Renewal Project; Bid No. 189-01. (A2100.0; AGR-6652)
ACTION: Awarded a contract in the amount of$437,705 to Big Ben, Inc. and authorized
the Mayor and City Clerk to execute the contract on behalf of the City.
3.17 Award of Contract to US National Corp for Exterior Painting — Main and Branch
Libraries; Bid No. 189-04. (A2100.0; AGR-6653)
ACTION: Awarded the contract in the amount of $54,200 to US National Corp; and
authorized the Mayor and City Clerk to execute the contract on behalf of the City.
PAGE 5