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RPVCCA_CC_SR_2013_04_16_D_RPV_CA_Coastal_Trail_Project_ContractCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: Staff Coordinator: HONORABLE MAYOR AND CITY COUNCIL MEMBERS LES JONES,INTERIM DIRECTOR OF PUBLIC WORKf= APRIL 16,2013 ''-. AWARD CONTRACT FOR RPV CALIFORNIA COASTAL TRAIL PROJECT (SUPPORTS 2013 CITY COUNCIL GOAL No.10,CITY TRAIL SYSTEM ENHANCEMENT) CAROLYN LEHR,CITY MANAGER 09-. Siamak Motahari,Senior Engineer ~ RECOMMENDATIONS: 1.Adopt Resolution No.__a Resolution of the City Council of the City of Rancho Palos Verdes,amending Resolution 2012-43,the budget appropriation for Fiscal Year 2012-13,for a budget adjustment to the City's Parks,Trails and Open Space Improvements Program in the Capital Improvement Projects Fund,in the amount of $69,041 authorizing expenditure of this amount for additional construction costs of Rancho Palos Verdes California Coastal Trail project. 2.Award a construction contract for the Rancho Palos Verdes California Coastal Trail Improvement project to Jeff Tracy,Inc.dba Land Forms Construction in the amount not to exceed $461,978.05 and authorize staff to spend an additional 10%contingency in the amount of $46,197.80 for unforeseen conditions for a total authorization of $508,175.85. D-1 3.Authorize the Mayor to execute the construction contract with Jeff Tracy,Inc. dba Land Forms Construction. BACKGROUND The California Coastal Act,Public Resources Code section 31000 et seq.,calls for the California Coastal Conservancy (Conservancy)to have a principal role in the implementation of a system of public access ways to and along the State's coastline, including development of the California Coastal Trail (CCT).The Conservancy pursues this mandate in part by awarding grants to public agencies and nonprofit organizations to acquire land,or any interest therein,or to develop,operate,or manage lands for public access purposes to and along the California coastline.The CCT,once completed, will extend 1,200 miles from the Oregon to Mexico boundary lines,including a segment through the City of Rancho Palos Verdes. According to the City's Conceptual Trails Plan and the Council-adopted Vision Plan,the City's segment of the CCT extends the entire length of the City's coastline between the boundary lines of the City of Palos Verdes Estates and the City of Los Angeles.The total length of the RPV segment of the CCT is approximately 9 miles.This project will improve 2.5 miles of this segment.The rest of the trail length has either been improved previously or is part of the naturally compacted surface trails which exist in the preserve. On May 17,2011,the Council adopted Resolution No.2011-31 acknowledging the terms of a California Coastal Conservancy grant in the amount of $500,000,which required the City's matching fund of $60,000.The total amount of $560,000 stated in the grant application submitted to the State was based on a conceptual scope of work. Furthermore,this estimate did not account for engineering or other soft costs such as preparing a labor compliance program and a storm water pollution prevention program (SWPPP). When bids were opened on September 18,2012,the lowest bid received was significantly above the engineer's estimate.Accepting this bid would have resulted in an overall project budget shortfall of $429,865.Thus,on November 7,2012,the City Council rejected all bids and directed Staff to modify the scope of work to the extent possible,with the goal of decreasing construction costs,however without impacting the essential elements of the project.The Council also directed staff to prepare revised plans,specifications and cost estimates for the Council's review and consideration of a possible increase in the City's fund contribution for this project. On the January 15,2013,the City Council approved the revised plans and authorized staff to re-bid the project,subject to the approval of the Council-adopted labor compliance program by the State Director of Industrial Relations.The Director of Industrial Relations approved the City's labor compliance program on February 12, 2013. D-2 DISCUSSION The project was advertised and sealed bids were received and opened at 10:00 a.m.on Monday April 1,2013.Jeff Tracy,Inc.dba Land Forms Construction was determined to be the lowest responsive bidder,and its bid is $98,022 under the engineer's cost estimate of $560,000.The following table summarizes the bids received: RPV California Coastal Trail Project Bid Opening on Monday,April 1,2013 Bidder Bid Jeff Tracy,Inc.dba Land Forms $461,978.05Construction Environmental Construction Inc.$556,314.50 STL Landscape Inc.$588,000.00 Staff has contacted Land Forms Construction references and found that they have performed satisfactory work on their previous jobs.They possess General Contractors'Class "A"and Class "C"licenses,which are current. AtTERNATIVE An alternative recommendation is to reject all construction bids and re-advertise the construction project.This alternative may delay the project up to 4 months which can jeopardize the grant's deadline and may not result in obtaining lower bids. CONCLUSION Construction of the City's segment of the California Coastal Trail (CCT)is considered a high priority project for the public's benefit as reflected in the Council-adopted Capital Improvement Program (CIP).Council's action will move the project toward completion and making the trail available for public use and enjoyment.Completion ofthe project is expected to be in late summer of 2013.The State has extended the project's completion deadline to December 30,2013. FISCAL IMPACT Prior to modifying the scope of work the total project budget shortfall was $429,865. With the modified scope of work the budget shortage is reduced to $69,041.The table below summarizes the project's budget status. D-3 Budget Spread Sheet Based on April 1,2013 Lowest Responsible Bid Received Description Budget Appropriation Obligation Budget Balance State Grant Fund $500,000 RPV Matching Fund (GF)$60,000 Engineer/Architect Fee $86,302 PVPLC Fee for Work in the $25,000Preserve Storm Water Pollution Prevention $543Program(SWPPP)Fee Labor Compliance Program Fee $9,020 Subtotal (Engineering Cost)$120,865 Lowest Bid received on April 1,$461,978.052013 10%Construction Contingency $46,197.8 Subtotal (Construction Cost)508,175.85 Total $560,000 629,040.85 ($69,041) Staff therefore requests the City Council's approval of the attached Resolution, adjusting FY 12-13 budget for appropriation of $69,041 to cover this shortage. Annual Maintenance and Utility Costs The cost for providing landscaping maintenance services and occasional repairs to the decomposed granite (DG)trail surface is estimated to be $42,600 annually.The annual cost of water consumption for irrigation is estimated to be $4000.Therefore, beginning from FY 13-14,a bUdget increase in the City's Parks,Trails &Open Space Maintenance Program will be necessary to cover the aforementioned maintenance and water utility costs. Attachments: 1.Resolution 2013-__ 2.Contract Form D-4 RESOLUTION NO.2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION 2012-43,THE BUDGET APPROPRIATION FOR FISCAL YEAR 2012-1,3,FOR A BUDGET ADJUSTMENT TO THE CITY'S PARKS,TRAILS AND OPEN SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT PROJECTS FUND WHEREAS,Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council;and .WHEREAS,on June 19,2012,the City Council of the City of Rancho Palos Verdes adopted Resolution 2012-43,approving a spending plan and authorizing a budget appropriation for the 2012-13 fiscal year;and WHEREAS,the City's segment of the California Coastal Trail project is considered a high priority project for the public's benefit as reflected in the Council-adopted Capital Improvement Program (CIP);and WHEREAS,the total cost of the City's segment of the California Coastal Trail project including construction and engineering is $629,040.85;and WHEREAS,the City has acquired a California Coastal Conservancy grant in the amount of $500,000 and allocated the matching fund of $60,000 for a total approved budget of $560,000;and, WHEREAS,a bUdget increase of $69,041 in the Parks,Trails &Open Space Improvements fund is therefore necessary to authorize the expenditure for this work;and WHEREAS,the revised estimate of Capital Improvement Fund balance at June 30,2013will be $6,822,270;and BE IT,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: The following adjustment(s)be made to the following fund(s): Resolution No.2013- Page 1 of 2 D-5 Parks,Trails &Open Space Improvements Program in the Capital Improvement Projects Fund: Parks,Trails &Open Space Improvements 330-3033-461-73-00 $69,041 Verified by Finance:(CO PASSED,APPROVED,AND ADOPTED THIS 16th DAY OF APRIL 2013. MAYOR ATTEST: CITY CLERK State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I,CARLA MORREALE,City Clerk of The City of Rancho Palos Verdes,hereby certify that the above Resolution No.2013-was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 16,2013. CITY CLERK CITY OF RANCHO PALOS VERDES Resolution No.2013- Page 2 of 2 D-6 CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER: D D D o D D D [J o o o o D D D Two Executed Notarized Copies of the Contract (Attached) Payment Bond in Amount of Contract (Attached) Performance Bond in Amount of Contract (Attached) Workers Compensation Certificate (Attached) Liability Insurance Certificate in the Amount of $1 Million,Naming the City as a Co- insured Automobile Insurance Certificate in the Amount of $1 Million,Naming the City as a Co- insured General Aggregate Insurance Certificate in the Amount of $2 Million,Naming the City as a Co-insured Agreement to Comply with California Labor Law Requirements (Attached) Business License with the City of Rancho Palos Verdes Indemnification and Hold Harmless Agreement (Attached) Additional Insured Endorsement -Comprehensive General Liability (Attached) Additional Insured Endorsement -Automobile Liability (Attached) Additional Insured Endorsement -Excess Liability (Attached) Drug-Free Workplace Certification Nondiscrimination Certification D-7 CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT THIS AGREEMENT ("Agreement")is made and entered this_day of ,20_,by and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation ("City")and _________("Contractor").Contractor's license number is _ In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows: 1.Scope of Services.Contractor shall perform the work and provide all labor,materials,equipment and services in a good and workmanlike manner for the project identified as Rancho Palos Verdes California Coastal Trail ("Project"),as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids,the Instructions to Bidders,the General Provisions,the Special Provisions,the Proposal,Appendices I through VI,and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents),which are incorporated herein by this reference,including miscellaneous appurtenant work.All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"),including supplements,prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"),which is incorporated herein by this reference.In the event ofany conflict between the terms ofthis Agreement and incorporated documents,the terms of this Agreement shall control. 2.Extra Work.Extra work,when ordered in writing by the Director of Public Works and accepted by the Contractor,shall be paid for under written work order in accordance with the terms therein provided.Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works.All extra work shall be adjusted daily upon report sheet furnished by the Contractor,prepared by the Director of Public Works,and signed by both parties,and said daily report shall be considered thereafter the true records of extra work done. 3.Effective Date.This Agreement is effective as of the date listed above,and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4.Time.Construction must commence pursuant to this Agreement by ,'20_. Time is of the essence in this Agreement. 5.Force Majeure.Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control,including but not limited to acts of God, acts of the public enemy,acts of the Government,fires,floods or other casualty,epidemics, earthquakes,labor stoppages or slowdowns,freight embargoes,unusually severe weather,and supplier delays due to such causes.Neither economic nor market conditions nor the fmancial condition of either party shall be considered a cause to excuse delay pursuant to this Section.Each party shall notify the other promptly in writing of each such excusable delay,its cause and its expected delay,and shall upon request update such notice. 6.Compensation.In consideration ofthe services rendered hereunder,City shall pay Contractor a not to exceed amount of dollars ($)in accordance with the prices as submitted in Contractor's Proposal,attached hereto as Exhibit "A"and incorporated herein by this reference. 7.Payments.Unless payroll records are delinquent or inadequate,City shall make payments within thirty (30)days after receipt of an undisputed and properly submitted payment request from Contractor.City C-l R6876.0001\1480617v5 D-8 shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable,but not later than seven (7)days after receipt,and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council.However,progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage ofthe value ofmaterial delivered on the ground or stored subject to,or under the control of,the City,and unused.The City shall withhold not less than five percent (5%)of the Agreement price until final completion and acceptance of the Project.However,at any time after fifty percent (50%)of the work has been completed,if the City Council of the City fmds that satisfactory progress is being made,it may,at its discretion,make any of the remaining progress payments in full for actual work completed. 8.Substitute Security. a.At the written request and expense of Contractor,securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City,or with a state or federally chartered bank in the State of California as the escrow agent,that shall then pay those moneys to Contractor.Upon satisfactory completion of the Agreement,the securities shall be returned to Contractor. b.Alternatively,Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor.At the expense of Contractor,Contractor may direct the investment of the payments into securities,and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor.Upon satisfactory completion of the Agreement,Contractor shall receive from the escrow agent all securities,interest,and payments received by the escrow agent from the City,pursuant to the terms of this Section. c.Securities eligible for investment shall include those listed in California Government Code Section 16430,bank or savings and loan certificates of deposit,interest-bearing demand deposit accounts,standby letters of credit,or any other security to which Contractor and the City mutually agree in writing.Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d.If Contractor elects to receive interest on moneys withheld in retention by the City,it shall, at the request of any subcontractor performing more than five percent (5%)of Contractor's total bid,make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor.Further mandatory details are provided in Public Contract Code Section 22300(d),which is incorporated herein by this reference. e.The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f),which is incorporated herein by this reference. 9.Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension and other taxes imposed by local,State of California and federal law.These payments are included in the total amounts in Exhibit "A." 10.Audit.Contractor shall maintain for a minimum of four (4)years after final payment under this Agreement all fmancial accounts,documents and records (collectively,"records")relating to this Agreement,in accordance with the guidelines of "Generally Accepted Accounting Principles" ("GAAP")published by the American Institute of Certified Public Accountants.The records shall include,without limitation,evidence sufficient to reflect properly:the amount,receipt and deposit of C-2 R6876.000 1\1480617v5 D-9 all funds related to the construction and implementation ofthis Project;Contractor's determinations in preparing its billings;and the use,management,operation and maintenance of the real property upon which the Project occurs.Time and effort reports are also required.The City,the State Coastal Conservancy ("Conservancy"),and either of their agents may review,inspect,obtain,copy and audit all records relating to the performance of the Agreement as a condition precedent to any payment to Contractor.Contractor shall promptly furnish the City,the Conservancy,or either oftheir agents with any relevant information or records requested,copying the City,and shall permit the City,the Conservancy,or either of their agents access to the premises upon reasonable notice,during normal business hours,to interview employees and inspect and copy any books,records,accounts,and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement and any applicable laws and regulations.Additionally,Contractor shall be subject to Conservancy and State Auditor examinations and audits for a period of four (4) years after final payment under this Agreement.Contractor shall cause all of the terms ofthis Section to apply to all subcontractors and be included in all agreements with subcontractors. 11.Inspection.Throughout the term of this Agreement,the City or the Conservancy shall have the right to inspect the Project area for any reason or for no reason at all. 12.Unresolved Disputes.In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ,involve hazardous waste,or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work,Contractor shall not be excused from any scheduled completion date provided for by the Agreement,but shall proceed with all work to be performed under the Agreement.Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties.In the event of any dispute or controversy with the City over any matter whatsoever,Contractor shall not cause any delay or cessation in or of work,but shall proceed with the performance of the work in dispute.This includes disputed time extension requests and prices for changes.The disputed work will be categorized as an "unresolved dispute"and payment,if any,shall be as later determined by mutual agreement or a court of law.Contractor shall keep accurate,detailed records of all disputed work,claims and other disputed matters.Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City")shall govern the procedures of the claim process,and these provisions are incorporated herein by this reference. 13.Termination!Suspension.The City may terminate or suspend this Agreement at any time with or without cause and without penalty upon seven (7)days written notice.In the event of termination or suspension,Contractor shall immediately stop work under the Agreement and take all reasonable measures to prevent further costs to the City.Any notice suspending work under this Agreement shall remain in effect until further written notice from the City authorizes work to resume.In the event of termination without fault of Contractor,City shall pay Contractor for all services satisfactorily rendered prior to date of termination up to the maximum limit of the compensation listed in Section 6 above,and such payment shall be in full satisfaction of all services rendered hereunder. 14.Incorporation by Reference.All of the following documents are attached hereto and incorporated herein by this reference:City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract;Workers' Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution;Additional Insured Endorsement (Comprehensive General Liability);Additional Insured Endorsement (Automobile Liability);Additional Insured Endorsement (Excess Liability);the Drug-Free Workplace Certification;and the Nondiscrimination Certification. 15.Antitrust Claims.In entering into this Agreement,Contractor offers and agrees to assign to the C-3 R6876.0001\1480617v5 D-10 City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.Sec.15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of the California Business and Professions Code)arising from purchases of goods,services,or materials pursuant to the Agreement.This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 16.Trenching and Excavations.If the project involves trenching more than four (4)feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:material that Contractor believes may be material that is hazardous waste,as defined in California Health and Safety Code Section 25117,that is required to be removed to a Class I,Class IT,or Class III disposal site in accordance with provisions of existing law;subsurface or latent physical conditions at the site differing from those indicated;or unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.The City shall promptly investigate the conditions,and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work,the City shall issue a change order. 17.Utilities.The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 18.Location of Existing Elements.The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility.Accuracy of information furnished,as to existing conditions,is not guaranteed by the City.Contractor,at its sole expense,must make all investigations necessary to determine locations of existing elements, which may include,without limitation,contacting U.S.A.Alert and other private underground locating frrm(s),utilizing specialized locating equipment and/or hand trenching. 19.Independent Contractor.Contractor is and shall at all times remain,as to the City,a wholly independent contractor.Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons,firms,or corporations at the Contractor wishes except as expressly provided in this Agreement.Contractor shall have no power to incur any debt, obligation,or liability on behalf ofthe City,bind the City in any manner,or otherwise act on behalf of the City as an agent.Contractor shall not,at any time or in any manner,represent that it or any of its agents,servants or employees,are in any manner agents,servants or employees of City.Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement,and to indemnify and hold the City harmless from any and all taxes,assessments, penalties,and interest asserted against the City by reason of the independent contractor relationship created by this Agreement.Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees.Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws.The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 20.Prevailing Wages;Labor Compliance Program.City and Contractor acknowledge that this project is a public work to which prevailing wages apply.The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference.Eight hours C-4 R6876.000 1\1480617v5 D-11 of labor constitutes a legal day's work. The City has adopted a labor compliance program that has been approved by the Department of Industrial Relations,which is attached hereto as Exhibit "B"and incorporated herein by this reference.·Contractor must comply with all provisions of this labor compliance program.The City shall not make payments when payroll records are delinquent or inadequate. 21.Workers'Compensation.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to ~ecure the payment of compensation to its employees.In accordance with the provisions of California Labor Code Section 1861,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 under take self- insurance in accordance with the provisions of that code,and 1 will comply with such provisions before commencing the performance of the work of this contract." 22.Subcontracting.Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act,Public Contract Code Section 4100 et seq.,which is incorporated herein by this reference. 23.Debarred,Suspended or Ineligible Contractors.Contractor shall not be debarred throughout the duration of this Agreement.Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 24.Compliance with Laws.Contractor shall comply with all applicable federal,state and local laws, ordinances,codes and regulations in force at the time Contractor performs pursuant to this Agreement. 25.Bonds.Contractor shall obtain faithful performance and payment bonds,each in an amount that is not less than the total compensation amount of this Agreement,and nothing in this Agreement shall be read to excuse this requirement.The required forms entitled Payment Bond (Labor and Materials)and Performance Bond are attached hereto and incorporated herein by this reference. 26.Contractor's Representations.Contractor represents,covenants and agrees that:a)Contractor is licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement;b) there are no obligations,commitments,or impediments of any kind that will limit or prevent its full performance under this Agreement;c)there is no litigation pending against Contractor,and Contractor is not the subject of any criminal investigation or proceeding;and d)to Contractor's actual knowledge,neither Contractor nor its personnel have been convicted of a felony. 27.Conflicts of Interest.Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12)months after completion of the work under this Agreement which is or may likely make Contractor "fmancially interested,"·as provided in Government Code Section 1090 and 87100,in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 28.Third Party Claims.City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time.City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement.City shall be entitled to recover its reasonable costs incurred in providing this notice. C-5 R6876.000 1\1480617v5 D-12 29.Non-Assignability;Subcontracting.Contractor shall not assign or transfer any interest in this Agreement nor any part thereof,whether by assignment or novation,without the City's prior written consent.Any purported assignment without written consent shall be null,void,and of no effect,and Contractor shall hold harmless,defend and indemnify the City and its officers,officials, employees,agents and representatives with respect to any claim,demand or action arising from or relating to any unauthorized assignment. 30.Applicable Law.The validity,interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules.Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 31.Attorneys'Fees.If any legal action or other proceeding,including action for declaratory relief,is brought for the enforcement of this Agreement or because of an alleged dispute,breach,default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to which the party may be entitled. 32.Titles.The titles used in this Agreement are for convenience only and shall in no way define,limit or describe the scope or intent of this Agreement or any part of it. 33.Authority.The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34.Entire Agreement.This Agreement,including any other documents incorporated herein by specific reference,represents the entire and integrated agreement between City and Contractor.This Agreement supersedes all prior oral or written negotiations,representations or agreements.This Agreement may not be modified or amended,nor any provision or breach waived,except in a writing signed by both parties which expressly refers to this Agreement. 35.Construction.In the event of any asserted ambiguity in,or dispute regarding the interpretation of any matter herein,the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement.In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant,or any default which may then exist on the part of Contractor,and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37.Notice.Except as otherwise required by law or this Agreement,any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b)on the third business day following deposit in the United States mail,postage prepaid,to the addresses listed below,or at such other address as one party may notify the other: To CITY: C-6 R6876.0001\1480617v5 D-13 Mr.James B.Hendrickson,Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 To CONTRACTOR: The address listed in Exhibit "A." 38.Counterparts.This Agreement may be executed in counterpart originals,duplicate originals,or both,each of which is deemed to be an original for all purposes. 39.Severability.If any term or portion of this Agreement is held to be invalid,illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. IN WITNE;SS WHEREOF,the parties hereto have executed the within Agreement the day and year ftrst above written. CITY OF RANCHO PALOS VERDES By:_ Mayor ATTEST: By:---.,..-__ City Clerk Dated:_ R6876.0001\1480617v5 C-7 APPROVED AS TO FORM: By:_ City Attorney ("CONTRACTOR") By:_ Printed Name:--------- Title:------------ By:_ Printed Name:--------- Title:------------ D-14 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY -IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1.By an Individual.The individual must sign the instrument,and if he/she is doing business under a fictitious name,the fictitious name must be set forth.The signature must be acknowledged before a Notary Public,using the proper form of acknowledgment. 2.By a Partnership.The name of the partnership must be set forth followed by the signatures of less than all ofthe partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership.The signatures must be acknowledged before a Notary Public,using the proper form of acknowledgment. 3.Bya Corporation.The name of the corporation must be set forth,followed by the signatures of the President or Vice President and Secretary or Assistant Secretary.The signatures must be . acknowledged before a Notary Public,using in substance the following form of acknowledgment. 4.By a Surety.The name of the surety must be set forth,followed by an authorized signature.The signatures must be acknowledged before a Notary Public,using the proper form of acknowledgment. STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) On ,20_,before me,the undersigned,appeared _ known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary ofthe corporation that executed the within instrument,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) C-8 R6876.0001\1480617v5 D-15 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all times during the term of this Agreement carry,maintain,and keep in full force and effect:(1)a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury,death,lose,or damage as a result of wrongful or negligent acts by the Contractor,its officers,representatives,volunteers,employees,agents,and independent contractors in performance of services under this Agreement;(2)property damage insurance with a minimum limit of $1,000,000.00;(3)automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00;and (4)workers'compensation insurance with a minimum limit of$1 ,000,000.00 or the amount required by law,whichever is greater. 1.Acceptable insurance coverage shall be from an admitted corporate surety insurer licensed in the State of California,approved by the City,and with a rating of,or equivalent to,A:vn by A.M.Best &Company.Any deviation from this rule shall require specific approval,in writing,from the City. 2.All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled,reduced,or otherwise modified (except through addition ofadditional insured to the policy)by the insurance carrier without the insurance carrier giving the City and the State Coastal Conservancy ("Conservancy")thirty (30)days prior written notice thereofby certified mail,return receipt requested.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 3.The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost,the City may take out the necessary insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 4.The Contractor shall submit to the City (1)insurance certificates indicating compliance with the minimum workers'compensation insurance requirements above,and (2)insurance policy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. 5.Any deductibles must be declared to and approved by the City and the Conservancy. 6.The general liability and automobile liability policies must contain or be endorsed to contain the following provisions:"The State of California,the City ofRancho Palos Verdes,and both oftheir officers,agents,employees,and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned,leased,hired or borrowed by or on behalf ofthe contractor;and with respect to liability arising out of work or operations performed on behalf of the City of Rancho Palos Verdes including materials,parts or equipment furnished in connection with the work or operations." 7.The insurance provided by Contractor shall be primary to any coverage available to the City or the State. 8.The Contractor shall furnish the City with original certificates,in the form attached to this Agreement,and amendatory endorsements effecting coverage required herein.All certificates and endorsements are to be received and approved by the City before work commences.The City or Conservancy may require,at any time,complete,certified copies of all required insurance policies,including endorsements affecting the coverage. C-9 R6876.0001\1480617v5 D-16 R6876.0001\1480617v5 (Insert State Coastal Conservancy Certificate of Insurance) C-10 D-17 Bond No._ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the -.,-_ ("Public Agency"),has awarded to _ (Name and address ofContractor) ("Principal"),a contract (the "Contract")for the work described as follows:RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and _ (Name and address ofSurety) ("Surety")a duly admitted surety insurer under the laws ofthe State ofCalifornia,as Surety,are held and firmly bound unto the Public Agency in the penal sum of _ Dollars ($),this amount being not less than one hundred percent (100%)ofthe total contract price,in lawful money ofthe United States ofAmerica,for the payment ofwhich sum well and truly to be made,webind ourselves,our heirs,executors,administrators,successors,and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,ifthe hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 ofthe Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond.In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. Further,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or ofthe work to be performed thereunder,or the specifications for the same,shall in anyway affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms ofthe Contract or to the work or to the specifications thereunder.Surety hereby waives the provisions of California Civil Code 2845 and 2849. C-ll R6876.0001\1480617v5 D-18 IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated:_ "Principal" By:_ Its By:_ Its (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT By:_ Insurance Administrator "Surety" By:-...,-_ Its By:_ Its (Seal) APPROVED AS TO FORM: RICHARDS,WATSON &GERSHON A Professional Corporation By:_ Public Agency Attorney Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence ofthe authority ofany person signing as attorney-in-fact must be attached. C-12 R6876.0001\1480617v5 D-19 Bond No.----- PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the _ ("Public Agency"),has awarded to _ (Name and address ofContractor) ("Principal"),a contract (the "Contract")for the work described as follows:RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and _ (Name and address ofSurety) ("Surety")a duly admitted surety insurer under the laws ofthe State ofCalifornia,as Surety,are held and firmly bound unto the Public Agency in the penal sum of _ Dollars ($),this amount being not less than the total contract price,in lawful money ofthe United States ofAmerica,for the payment ofwhich sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,ifthe hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency,its officers,agents,and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder.Surety hereby waives the provisions of California Civil Code'2845 and 2849.The City is the principal beneficiary of this bond and has all rights of a party hereto. C-13 R6876.0001\1480617v5 D-20 IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name ofeach corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated:--------------- "Principal" By:_ Its By:_ Its (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT By:_ Insurance Administrator "Surety" By:_ Its Its (Seal) APPROVED AS TO FORM: RICHARDS,WATSON &GERSHON A Professional Corporation By:_ Public Agency Attorney Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence ofthe authority ofany person signing as attorney-in-fact must be attached C-14 R6876.000 1\1480617v5 D-21 WORKERS'COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the City of Rancho Palos Verdes and the State Coastal Conservancy has required certain insurance to be provided by: NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1.This certificate is issued to both of the following: City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 2.The insureds under such policy or policies are: State Coastal Conservancy 1330 Broadway,13 th Floor Oakland,CA 94612 3.Workers'Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date 4.Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits of liability,unless and until thirty days'written notice thereof has been served upon the State Coastal Conservancy and upon the City Clerk of the City of Rancho Palos Verdes By:_ Its Authorized Representative C-15 R6876.0001\1480617v5 D-22 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1.Contractor acknowledges that this contract is subject to the provisions ofDivision 2,Part 7,Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2.Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment oftravel and subsistence payments to each worker needed to execute the work to the extent required by law. 3.Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars ($50)for each calendar day,or portion thereof,for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1)keep accurate payroll records,(2)certifY and make such payroll records available for inspection as provided by Section 1776,and (3)inform the Agency ofthe location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects,and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6.Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours.The Contractor shall,as a penalty to the Agency,forfeit twenty-five dollars ($25)for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours in anyone calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees.In accordance with the provisions ofCalifornia Labor Code Section 1861,Contractor hereby certifies as follows: "1 am aware ofthe provisions of Section 3700 ofthe Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions ofthat code,and 1will comply with such provisions before commencing the performance of the work of this contract." Date _ R6876.0001\1480617v5 Signature _ C-16 D-23 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/LicenselPermit No.or description:_ Indemnitor(s)(list all names): To the fullest extent permitted by law,Indemnitor hereby agrees,at its sole cost and expense,to defend, protect,indemnify,and hold harmless the State Coastal Conservancy,the City of Rancho Palos Verdes,and both of their elected officials,officers,attorneys,agents,employees,volunteers,successors,and assigns (collectively "Indemnitees")from and against any and all damages,costs,expenses,liabilities,claims, demands,causes of action,proceedings,expenses,judgments,penalties,liens,and losses of any nature whatsoever,including fees of accountants,attorneys,or other professionals and all costs associated therewith (collectively "Liabilities"),arising or claimed to arise,directly or indirectly,out of,in connection with, resulting from,incidental to,or related to any act,failure to act,error,or omission of Indemnitor or any of its officers,agents,servants,employees,subcontractors,materialmen,suppliers or their officers,agents,servants or employees,arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or related to the above-referenced contract,agreement,license,or permit (the "Agreement")or the performance or failure to perform any term,provision,covenant,or condition of the Agreement,including this indemnity provision.This indemnity provision is effective regardless of any prior,concurrent,or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.This indemnity provision shall survive the termination ofthe Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,and an entry ofjudgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.Notwithstanding the foregoing,nothing in this instrument shall be construed to encompass (a) Indemnitees'sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a)or (b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all obligations,liabilities,covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name _ By:_ Its R6876.0001\1480617v5 C-17 Name _ By:_ Its D-24 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address ofnamed insured ("Named Insured''): Name and address ofInsurance Company ("Company''): General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The City ofRancho Palos Verdes ("City"),the State Coastal Conservancy ("State"),and their officials,officers,attorneys,agents,employees,and volunteers are additional insureds (collectively the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third- party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liabilityinsurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to both the City and the Conservancy,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereof.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. C-18 R6876.0001\1480617v5 D-25 9.This endorsement and all notices given hereunder shall be sent to the City and Conservancy at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Executive Officer State Coastal Conservancy 1330 Broadway,13 th Floor Oakland,CA 94612 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverages.Includes: o Contractual Liability o OwnerslLandlords/Tenants o Manufacturers/Contractors o Products/Completed Operations o Broad Form Property Damage o Extended Bodily Injury o Broad Form Comprehensive General Liability Endorsement o Explosion Hazard o Collapse Hazard o Underground Property Damage o Pollution Liability o Liquor Liability o o o 12.A 0 deductible or 0 self-insured retention (check one)of $_ applies to all coverage(s)except:_ (if none,so state).The deductible is applicable 0 per claim or 0 per occurrence (check one). 13.This is an 0 occurrence or 0 claims made policy (check one). 14.This endorsement is effective on at 12:0 I a.m.and forms a part of Policy Number _ I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,'20 _ Signature of Authorized Representative Telephone No.:(,,)_ R6876.0001\1480617v5 C-19 (Original signature only;no facsimile signature or initialed signature accepted) D-26 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnamed insured ("Named Insured"):_ Name and address ofInsurance Company ("Company ''):_ General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The City ofRancho Palos Verdes ("City"),the State Coastal Conservancy ("State"),and their officials, officers,attorneys,agents,employees,and volunteers are additional insureds (collectively the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subj ect to the terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s) or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to both the City and the Conservancy,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. C-20 R6876.0001\1480617v5 D-27 9.This endorsement and all notices given hereunder shall be sent to both the City and Conservancy at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Executive Officer State Coastal Conservancy 1330 Broadway,13 th Floor Oakland,CA 94612 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABllJTY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverages.Includes: I Any Automobiles I All Owned Automobiles I Non-owned Automobiles I Hired Automobiles I Scheduled Automobiles I Garage Coverage I Truckers Coverage I Motor Carrier Act I Bus Regulatory Reform Act I Public Livery Coverage I I 12.A 0 deductible or 0 self-insured retention (check one)of $_ applies to all coverage(s)except:arnone,sostate).The deductible is applicable G per claim or G per occurrence (check one). 13.This is an 0 occurrence or 0 claims made policy (check one). 14.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20__ Telephone No.:(,,)_ R6876.0001\1480617v5 C-21 Signature of Authorized Representative (Original signature only;no facsimile signature or initialed signature accepted) D-28 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address ofnamed insured ("Named Insured''): Name and address ofInsurance Company ("Company''): General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto,it is agreed as follows: I.The City ofRancho Palos Verdes ("City"),the State Coastal Conservancy ("State"),and their officials, officers,attorneys,agents,employees,and volunteers are additional insureds (collectively the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for the paYment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insur<?ds. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result ofthe payment of claims),or non-renewal except after written notice to both the City and the Conservancy,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope oftheir duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. C-22 R6876.0001\1480617v5 D-29 9.This endorsement and all notices given hereunder shall be sent to both the City and Conservancy at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Executive Officer State Coastal Conservancy 1330 Broadway,13 th Floor Oakland,CA 94612 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES o Following Form o Umbrella Liability o POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11.Applicable underlying coverages: INSURANCE COMPANY POLICY NO.AMOUNT 12.The following inclusions,exclusions,extensions or specific provisions relate to the above coverages: 13.A 0 deductible or 0 self-insured retention (check one)of $_ applies to all coverage(s)except:_ (ifnone,so state).The deductible is applicable 0 per claim or 0 per occurrence (check one). 14.This is an 0 occurrence or 0 claims made policy (check one). 15.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20__ Telephone No.:( )_ R6876.0001\1480617v5 C-23 Signature of Authorized Representative (Original signature only;no facsimile signature or initialed signature accepted) D-30 DRUG-FREE WORKPLACE CERTIFICATION The Drug-Free Workplace Act of 1990,Government Code Section 8350 et.seq.(the "Act")requires that every person or organization awarded a State contract or grant shall certify that it will provide a drug-free workplace by doing all of the following,as listed in California Government Code section 8355: (l)Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensation,possession,or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition. (2)Establishing a drug-free awareness program to inform employees about all of the following: (A)The dangers of drug abuse in the workplace. (B)The person's or organization's policy of maintaining a drug-free workplace. (C)Any available drug counseling,rehabilitation,and employee assistance programs. (D)The penalties that may be imposed upon employees for drug abuse violations. (3).Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required in this certification and that,as a condition of employment on the contract or grant,the employee agrees to abide by the terms of the statement. The persons executing this certificate on behalf of the Contractor warrant and represent that they have the authority to execute this certificate on behalf of the Contractor and have the authority to bind the Contractor to the performance of its obligations hereunder. We,the undersigned,understand that the project for which the Contractor is being awarded a contract is funded in whole or in part by a State grant,and we agree to fulfill the terms and requirements of Government Code Section 8355 listed above.We further understand that ifthe City or State determines that we have either made a false certification herein or violated this certification by failing to carry out the requirements of Government Code Section 8355,the contract awarded herein is subject to termination,suspension ofpayments, or both,and we or the Contractor may be subject to debarment in accordance with the requirements of Government Code Section 8355 et.seq. We,the undersigned,acknowledge that the Contractor is aware ofthe provisions ofGovernment Code Section 8350 et.seq.,and we hereby certify that the Contractor will adhere to the requirements of the Drug-Free Workplace Act of 1990. Date:_ Signature Printed Name Title R6876.0001\1480617v5 Contractor:_ Signature Printed Name Title C-24 D-31 NONDISCRIMINATION CERTIFICATION Contractor shall not,and shall ensure that its subcontractors shall not,unlawfully discriminate against,harass, or allow harassment against any employee or applicant for employment based on sex,gender,race,color, ancestry,religious creed,national origin,ethnic group identification,physical disability (including HIV and AIDS),mental disability,medical condition,marital status,age or sexual orientation.Contractor shall not,and shall ensure that its subcontractors shall not,unlawfully deny a request for or take unlawful action against any individual because of the exercise of rights related to family-care leave. The persons executing this certificate on behalf of the Contractor warrant and represent that they have the authority to execute this certificate on behalf ofthe Contractor and have the authority to bind the Contractor to the performance of its obligations hereunder. We,the undersigned,certify that Contractor will not,and will ensure that its subcontractors will not, unlawfully discriminate against,harass,or allow harassment against any employee or applicant for employment based on sex,gender,race,color,ancestry,religious creed,national origin,ethnic group identification,physical disability (including HIV and AIDS),mental disability,medical condition,marital status,age or sexual orientation.We further certify that Contractor will not,and will ensure that its subcontractors will not, unlawfully-deny a request for or take unlawful action against any individual because of the exercise of rights related to family-care leave.We ensure that the evaluation and treatment of Contractor's employees and applicants for employment are free of such discrimination,harassment and unlawful acts.We certify that Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.)and the applicable regulations (California Code ofRegulations Title 2,section 7285.0 et seq.).The regulations regarding the Fair Employment and Housing Commission regarding contractor nondiscrimination and compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated into this certification by this reference. We understand and agree that Contractor is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. We certify that Contractor shall include this certification in all contracts with subcontractors,employees or anyone else performing work related to this Agreement. Date:_ Signature Printed Name Title R6876.0001\1480617v5 Contractor:-------------------- Signature Printed Name Title C-1.5 D-32 Exhibit "A":Contractor's Proposal D-33 PROPOSAL CITY OF RANCHO PAlOS VERDES RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL PROJECT TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PAlOS VERDES The undersigned,as bidder.declares that:(1)this proposal Is made Without collusIon with any other person,firm or corporation.and that the only persons or parties Interested as principals are those named herein;(2)bidder has carefully examined the project plans.specifications,Instructions to bidders,proposal, notioe to contractors and all other information furnished therefore and the site of the proposed work;(3) bidder has investIgated and is satisfied as to the conditions to be encountered,the character.quality and quantities of work to be performed and materials to be fumlshed.Furthermore.bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees.in the event this contract be awarded to bidder,to enter into a contract with the CITY OF RANCHO PALOS VERDES,to perform said proposed work in accordance with the plans.if any.and the terms of the specifications,In the time and manner therein prescribed.and to fumlsh or provide all materials,labor,tools,equipment.apparatus and other means necessary so to do,except such thereof as may otherwise be fumished or proVided under the terms of said specifications,for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractors Industrial Safety Record. Accompanying this proposal is ~\Ii\V:16V\~(Insert)"$41 1l>\){),00 "cash,"IICashletsCheck," "certified check,"or "Bid Bond,"as the case may be)In the amount equal to at least ten percent (1 0%)of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter,defaults In executing the required contract.with necessary bonds and documents,within ten (10) days,not including Sundays and legal holidays.after having received notice that the contract has been awarded and Is ready for signature,the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act p-rovidlng for the reglsvatlo,n of contractors,California Contractors License No.:1 (2.'3 '.)q .Cia s~!\:xp-ation Date q 150 _2.b 13 . Signature(s)of bidder:~I /i''/,. If an individual.so state.If a fi the Irm name and giv the names of all individual co-partners composing the fi If a corporation.st egal name of corporation,also names of president, secretary,treasurer,and manager thereof.Two 0 rized officer's signatures and the corporate seal are required for corporations. P -1 D-34 Legal Business Name:J-et:f TrblCtj,+I11C.&Ix\lAl'J fOrmS to}l~iYlJc..1i on Address:2.lLP6l fOrb-eS ~Q91d SoI+e3",LA.8tJna AhjllfCCf'\qZ~,7 TelePhone:~Cj)582-0&'77 Contact:__Bo6bd (V\~rL='0\~_ Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business &Professional Code will be rejected.To be submitted with each bid to contract for City of Rancho Palos Verdes RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL Project Bid Date l.\-\-\, This information must Include all construction work undertaken in the State of California by the bidder and partnership Joint venture or corporation that any principal of the bidder participated In as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal.Separate Information shall be submitted for each particular partnership,joint venture,corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration In evaluating the safety record.An explanation must be attached of the circumstances surrounding any and all fatalities. SPC06·62 P-2 D-35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CNiL CODe §1189 State of California County of Orange ) )ss. ) On 3/28/13 before me,Debra L.Fried,Notary Public Personally appeared Jeff Tracy Place No1ary Seal Above DEBRA L.fRIED Commission #1926349 z Notary Public,California ~ Orange county My Comm.Expires Feb 21.2015 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are SUbscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies),and that by hislher/their slgnature(s)on the instrument the person(s).or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTV OF PERJURY under the Laws of the State of California that the foregoing Paragraph is true and correct. WITNESS my hand and official seal. sgnat~.eJt,.., OPTIONAL Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudUlent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document:Proposal-Rancho Palos Verdes California Coastal Trail Project Document Date:4/1/13 Signer(s)Other Than Named Above:Anna Tracy Capacity(ies)Clairned by Signer(s) Signer's Name:Jeff Tracy X Corporate Officer -Title(s):President Individual RIGHT THUMBPRINT Partner -Limited General Attorney In Fact Trustee Guardian or Conservator other: Signer Is representing: Number of Pages:10 Signer's Name Corporate Oflicer-Title(s): Individual RIGHT THUMBPRINT Partner -Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing: D-36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE §1189 State of California County of Orange ) )ss. ) On 3/28/13 before me,Debra L.Fried,Notary Public Personally appeared Anna Tracy DEBRA L.FRIED Commission #1926349 Notary Public·California ~ Orange County ~ Comm.Expires Feb 21.2015 Place NOlary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s}acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Paragraph is true and correct. WITNESS my hand and official seal. Signature:~~I Signalure 01 NOIary PubUc OPTIONAL Though the information below is not required by Jaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o(this (arm to another document. Description of Attached Document Title or Type of Document:Proposal-Rancho Palos Verdes Califomia Coastal Trail Project Document Dale:4/1/13 Signer(s)Other Than Named Above:Jeff Tracy Capacity(ies)Claimed by Signer(s) Signer's Name:Anna Tracy X Corporale Officer -Title(s):Secretary Individual RIGHT THUMBPRINT Partner -Umiled General Attorney In Fact Truslee Guardian or Conservator Other; Signer is representing: Number of Pages:10 Signer's Name Corporale Officer-Title(s): Individual RIGHT THUMBPRINT Partner -Limited General Attorney in Fact Truslee Guardian or Conservator Other: Signer is representing; D-37 CITY OF RANCHO PALOS VERDES BID SHEET RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL PR9JECT NAMEOFCOMPANY:\kRR1YPlC.~I\Y\CIc\bp\\..olnd 'formS unstrvct1oY1 To the Honorable Mayor and Members of the City Council: In compliance with the Notice InViting Sealed Bids,the undersigned hereby agrees to entertnto a contract to furnish all labor.materials, equipment.supplies,site preparation,clearing &grubbing,fine grading.mobilization,De moblnzation and traffic control for the project identified as RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL Project in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file In the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: ILOCATION IDETAIL IDETAIL ~TV I IUNIT NO I OESCRIPTJON UNIT COST I EXTENDED COSTSHEET Erosion control.Implementation of the Project SWPPP and Submittal of the Annual Report to the SMART System, I I I I 1 I LS I ISt;IOCO\COSupplyQSPandWaterSamplestaken as required by the SWPPP and Tested 1 I by an Approved Lab. Stabilited Decomposed Granite Surfacing with Headers I Stakes and 2 I Filter Fabric on Native Soil 6'DG Pathway South of Existing AC 11.02-l1.03 4,350 SF lh4()\'1 1 \4D.OO2-1 I Path to Calle Entradero North Interpretive Node at PVIC,8'DG 11.06 2,625 SF 3,Q()\0 \1.~'b 1 DO2-2 I Trail and Picnic Area 5'DG Pathway South End of PVIC Ll.07 2,600 SF '1,1.-0 \0 {i'}...O,t>\)2-3 I Through Coast Guard Parking Lot 5'DG pathway Coast Guard driveway to U.08-l1.09 8,675 SF \..\;,SO ~,1O'()l ()1)2-4 I Terranea Parking lot Vanderlip Park Interpretive Node OG U.12 250 SF t;l(jl)L'3 1 c;n <5\)2-5 I pad SPC06-62 P-3 D - 3 8 DETAil UNIT NO DESCRIPTION LOCATION SHEET DETAIL QTY UNIT COST EXTENDED COST 2-6 4'DG path -Seahill to the Fire Station L1.14 -Ll.16 7,760 SF 4 tl.P 0 3;J (09 (P I Q) 2-7 4'DG path -Sea Cove to Abalone Ll.16-Ll.17 460 SF I.·L90 :z..'2.7"-\\bQ 4'Natural Surface Trail (balanced l1.22-Ll.23 1.5.02 3 3,800 SF 1,$)$1,lDOO I 003gradingandsolicompaction) Trail Directional Marker (pressure treated post,up to 12 emblems I L5.07 3 32 EA 3~S (61)lI]lu~OIOO4arrowspersign,footings) Interpretive Sign Panel (aluminum frame,pre-designed graphic panels,LS.07 2 2 EA lOrQc ,01>4 \0 0 100 5 powder coat finish,footings)t Trail Map (aluminum frame,pre- designed graphic panels,powder coat 1.5.07 1 6 EA 20;6,Cb l L.I?DO leO6finish,footings) RPV I CCT Welcome Marker (pressure treated post,up to 16 emblems I 1.5.07 4 3 EA S"\{)I~Q \,\020100arrowspersign,up to 4 plaques per 7 sign,footings) Coastal Trail Decals on Existing Trail 100 EA \9 I OU \qOD ,008Markers(decals only) 9 Trash Receptacles LS.06 3 4 EA \SOO,Ol loooO,tO 10 Benches (bench,footings)1.5.06 1 5 EA '2.'It;o Ie»\\'Lt?>OlO{) 11 Picnic Table (bench,footings)1.5.06 2 1 EA Il4-COOD~\.\'-SOO,00 12 Prep and Paint Existing Guardrail Ll.09 512 LF I _t ';;.'211 •00.\ell Remove the last Section of the EXisting L1.09 30 LF ~.\.\t>~ 9'1O"Do13Guardrail~3.o'C 61t Painted Stripes on Asphalt (1 each Ll.08 520 LF 3~tOO l,30DIOC>14 side of path -Federal Spec Traffic Paint) Post and Cable Retrofit of Existing gr;tOo \;,,21;,00 Fence Near Bathrooms at Terrenea Ll.09 185 IF ~\4t~C;d'je -'-....I!J \15 Parking lot q'T" 3 Cable Fence CPT posts,PT support 'B2,O{)2~/~5CtOC braces,cable system,hardware,Ll.21 LS.OS 315 LF 1_-~n'"I ....t"'",,- 16 footing,stain}-I,?I('Ill -;;J ,'ll L-J ,V''"'lr\r ~ SPC06-62 P-4 D - 3 9 I IDETPJl I ~I IUNITNOIDESCRIPTIONLOCATIONSHEETDETAilO,TY UNIT COST 1 EXTENDED COST BackfJow Prevention Device at water Meter (water meter will be provided by 17 california Water Company 18 Solar Irrigation Controller Irrigation System (main lines,lateral lines,sleeves,drip emItters and 19 I incidentals) 20 Remote Control Valve and Box 21 Rain Sensor 22 I Ornamental Planting/Landscaping {includes soil preparation,testing and amendment and Plants} 22-1 Ornamental Shrubs 1-gallon 22-2 Ornamental Shrubs 5-gallon 22-3 Ornamental Shrubs 15-gallon 23 Planting of native shrubs (includes soil preparation,testing and amendment. Mammat~i.1 W ~prn~d~bV~I I I I 1 I ~~'Q I~I \0 m'lt\0City),OOblvv )VV\,I \0 24 I land.scape Boulders -15 large /21 -I 127 TON t":'t':.I I _q C'I medium /21-small '77 ,(50 \P I O'?,Ci) t 25 I Signs:Roadside Sign Relocation and (2) •R-Sl"DO NOT ENTER"Signs per 1 LS ~2'S Ol)<62S 10'0 MUTeD Standards I 26 I 6'Wood Wheel Stop (pressure treated U.21 LS.02 7 3S EA 1.'6 00 G~1..1r;,01:> wood,rebar,grout)\f'l ~.::rT 27 I landscape Maintenance and Plant 1 LS .(J Establishment (120 day period)~\3~u.(j\)(),'SS ()100 BASE BID TOTAL l\lo \I 4 €;9 I , BASE BID TOTAL IN WORDS:1PUV'!hJnclr!ci Si ¥itl Ohe:11)l)uSQ\nd3btJr ttvn~-f\)\V\..e ~(JDI(OO~ CONTRACT WILL BE AWARDED BASED ON THE BASE BID,TO THE LOWEST RESPONSIBLE BIDDER. SPC06-62 P-5 D - 4 0 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information with the bid:(Additional sheets may be attached if necessary.) (1 ) (2) (3) (4) (5) (6) (7) (8) Address:2..14>0\fOrbeS Ret St--e 3<.0 LqfJtJho..N\gJLJt:I)CA CfZCo77 Telephone:(q L/'1)Sg''2 -0 8'77 Type of firm •Individual,Partnership,or Corporation: C1DfPQV"Ol1\cn Corpor.aliol)~nlzeq under the laws of the State ofr~\\YOLO! Contractor's license nt.rber and class: "2359 A C27 List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (;f \tOle Number of years experience as a contractor in construction work ..:z.10 yeq Y$ List at least three similar projects completed as of recent date: Contract Amoun Class of Work Date Com leled (9)List the name of the person who inspected the site of the proposed work for your firm:,. BDh~M-tjr-'-\Pl-'--_ (10)NOTE:Upon request of the Redevelopment Agency,the bidder shall furnish evidence showing a notarized financial statement,financial data.construction experience.or other information. (11)Bidder shall be properly licensed in accordance with Business and Professional Code Section 7028 at the time of the bid;otherwise the bid shall be considered non-responsive and shall be rejected. SPC06·62 P-6 D-41 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business &Professions Code 7028.15] [Public Contract Code 20103.5] I,the undersigned,certify that I am aware of the folloWing provisions of Califomia law and that I,or the entity on whose behalf this certification is given,hold a currently valid California contractors license as set forth below: Business &Professions Code 7028.15: (a)It Is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act In the capacity of a contractor within this state without having a license therefore,except In any of the following cases: (1)The person is particularly exempted from this chapter. (2)The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now'20103.5]of the Public Contract Code. (b)If a person has been previously convicted of the offense described in this section.the court shall impose a fine of 20 percent of the price of the contract under which the unlIcensed person performed contracting work.or four thousand five hundred dollars ($4.500), whichever is greater,or imprisonment in the county jail for not less than 10 days nor more than six months,or both. (c) (d) (e) SPC06-62 In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis."the price of the contract"for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. This section shall not apply to a joint venture license,as required by Section 7029.1. However,at the time of making a bid as a joint venture,each person SUbmitting the bid shall be subject to this section with respect to his or her individual licensure. This section shall not affect the right or ability of a licensed architect,land surveyor,or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. Unless one of the foregoing exceptions applies,a bid submitted to a public agency by a contractor who is not licensed In accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency.Unless one of the foregoing exceptions applies,a local public agency shall,before awarding a contract or Issuing a purchase order,verify that the contractor was properly licensed when the contractor submitted the bid.Notwithstanding any other provision of law,unless one of the foregoing exceptions applies,the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter.The amount of civil penalties,appeal,and finality of such citations shall be SUbject to Sections 7028.7 to 7028.13 inclusive.Any contract awarded to.or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. D-42 (f)Any compliance or noncompliance with subdivision (e)of this section,as added by Chapter 863 of the Statutes of 1989,shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g)A pUblic employee or officer shall not be sUbject to a citation pursuant to this section if the pUblic employee,officer,or employing agency made an inquity to the board forthe purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days.For purposes of this section,a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved,no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract Is awarded,the contractor shall be'properly licensed in accordance with the laws of this state.The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded.Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law Including,but not limited to,any appropriate disolplinary action by the Contractor's State License Board.The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement.Failure of the bidder to obtain proper and adequate licenSing for an award of a contraot shall constitute a failure to execute the contract and shall result In the forfeiture of the security of the bidder. Class:_.:...::.--l......;:;;....too:-J _ Expiration Date:_...I-~:..=.j~~~_ Date:_4_-_\_-....,.\.~?_ Signature:----17:.....<141L.,1f-1-77'-~-.+---+--- f L/ SPC06·62 P-8 D-43 DESIGNATION OF SUBCONTRACTORS [public Contract Code 4104]DESIGNATION OF SUBCONTRACTORS [Public Contract Code 41041 Public Contract Code 4104 provides as follows: Any officer,department,board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work.shall.in his or her bid or offer,set forth: (a)The name and the location of the prace of business of each subcontractor who will perform work or labor or render service to the prime contractor In or about the construction of the work or improvement,or a subcontractor licensed by the State of California who.under subcontract to the prime contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications.in an amount in excess of one-half of 1 percent of the prime contractor's total bid or,in the case of bids or offers for the construction of streets or highways. including bridges,in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10.000). Whichever is greater. (b)The portion of the work which will be done by each SUbcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. d shall SUbmit it with the bid.at the time of the bidIleteALLinformationinthetablebelltractorshallTh..,~---.-----..,...~. _.P .. Subcontractors Company Name Owner License License Address and Phone Type of Work Percentage/Portion of Name/Names Type Number Number (e.g.Electrical)Work ttGWV\S YuY\Ct o~~\el tAD 0\"\t1:Jl?~-I2.~S~~~tW1C.~\to fi\HI)\1.."/~Vi \003i3~1 \-4\~\{ ~e~~\\}1'\.~~I f"~Y\CU\f.l 0 I;:>~t.~~lS5'1&3 ill~'Jf;~i~SVY\J~~\",-q to "/~\H\Je ,e ~Oter,\lOt ..)1 -,2-(,,--2lo u SPC06~62 P-9. D - 4 4 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five (5)Full Years: Year of Record I 20(18 I 20.!L"I I 20\0 I 20..l!I 20j1.1 Total .:.:11 1.No.of contracts I~tlP II \t.f 4 (p~5" 2. *3. *4. Total dollar amount of contracts {in thousands of $ No.of fatalities No.of Jost workday cases 3.(,Wli '3,ClM 010 tJ I 1 1),'3 MI10 '" 010 o I I 4M o 3<Oi1 M o .3 l.,f\Il o o *5.No.of lost workday cases involving permanent transfer to another job or termination of employment o o o o·o o o The information required for these items is the same as required for Columns 3 to 6,Code 10,Occupational Injuries,Summary • Occupational Injuries and JIInesses No.1 02. 2..1CeQ \roybes-Rootd Surr-c 3(P Address LOtS VV\Ct NHj ve {M q~(p 17 City Zip Code SPC06-62 P-IO D - 4 5 Bond No.JEFTR-105 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes C'Public AgencY'),has Issued an lnvitation for bids for the work described as follows: RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL PROJECT ~E~S Jeff Tracy,Inc.,dba:Land Forms Construction 27601 Forbes Road,Suite 36,Laguna Niguel,CA 92677 (Nama and address olBIdder) ("Principal"),desires to submit a bid to Public Agency for the work. WHEREAS,bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW,THEREFORE,we,the undersigned Principal,and ..__-__ International Fidelity Insurance Company 13400 Sabre Springs Parkway,Suite 245,San Diego,CA 92128 (Nsma and addres:s ofSU18ty) ("Surety")a duly admitted surety insurer under the laws of the State of California,as SuretY.are held and firmly bound unto the PUblic Agency in the penal sum of Ten Percent of Amount Bid Dollars ($10%*************************),being notJess than ten percent (10%)oflhe total bfd price.In lawfUl money of the United States of America,for1he payment of which sum welt and truly to be made.we bind ourselves,our heirs,executors,administrators.successors,and assigns,jointly and severally,finnly by these presents. THE CONDITION OF THIS OBUGATION IS SUCH THAT,lfthe hereby bounded Principalls awarded a contract for the work by the pubnc AgenCJi and,within the time and in the manner required by the bidding specifications.enters into the written form of contract included with bidding specifications,furnishes the reqUired bonds,one to guarantee faithfUl performance and the other to guarantee payment for labor and materials,and furnishes the required insurance coverage,then this obtigaUon shall become null and void; otherwise,it shall be and remain in full force and effect. In case suit Is brought upon this bond.Surety further agrees to pay all court costs incurred by the PubJic Agenoyin the suit and reasonable attorneys'fees in an amount fIXed by the court.Surety herebywaJves the provisions of Califomia Civil Code 2845. SPC06·62 P-l1 D-46 IN WITNESS WHEREOF,this instrument has been duly exeouted by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated:March 26,2013 ttprlncipal" Jeff Tracy,Inc.,dba:Land Forms Construction "Surety" International Fidelity Insurance Company By:BY:,_~~./\-..:::~-i="-=~:-:'-_-_"""-_-_----_-""'-ItS Dwight Reilly,Attorney-In-Fact (Seal} By:_...,,-_ Its (Seel) Note:71Jis bond must be dated,aO signatures must be notariZed,snd evidenc9 ofthe autholilyal any person signing as atlomey.Jn.feCl must be attached. SPC06·62 P-12 D-47 State of California County of Orange On March 26,2013 ACKNOWLEDGMENT } before me,_~s"",u...s~a.."n--'P"-lu~g~h...,....N;::.:o:;::.:t:=-"a~ry~p""'u...b~l:"i...c-:--_ (insert name and tille of the officer) personally appeared -:::-DW~:L;:.:'9:1::.h:;:t:....=::R?=-e:L:::.,;·l~l~y--:'_~:-:-_-::--:--"':':'"'"__---:-:--:--:-:-:-:-__ who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/aB subscribed to the within Instrument and acknowledged to me that he/~executed the same in his/hedlillEir authorized capaclty(iBs),and that by hlsIMJ'IbBir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted.executed the instrument. I certify under PENALTV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SlgnatureMM1)c.=<!:§.:...... Susan Pugh (Seal) SUSAN PUGH COMM.#1934229 ~ Notary Public-California c: ORANGE COUNTY ll- I.•My Comm.Expires Apr 29,2015 D-48 !:~f{;~~~~~~~';~~f~~¥~1Kr;i~~~j~\~~.~~~~;i~~'~:1~~f!)~~:i~SW~:'F!: ."...1N1E'RNATIONALFID'SUTVINSURANCE.'.OOMPANY 'v • . .ALLEGHENY CASUALTV COMPANY .. ONE NEWARK CENTER;20TH FLOOR NeWARK,NEW JERSEY 07102~5207 KNOW ALL MI;NBY THESE PReSENTS:That INTERNATiONAL FIDELITY INSURANOE COMPANY,a corporation organized and existing under the laws of the State of New Jersel'.and ALLEGHENY CASUALTY COMPANY a corporation organjzed and existing under the laws of the State of Pennsylvania,having thelr principal Office in the City of Newark,New Jersey,do hereby constitute and appoint DWIGHT REILLY,ARTURO AYALA,DANIEL HUCKABAY Orange,CA. their true and lawful attomey(sHn-fact to execute,seal and deUver for and on Us behalf as surety,any.and all bonds and undertakir:lgs,contracts of indemnity and other writings obligatorY 1n the nature thereof,which are or may be allOWed,reguired or pwmltte(l by laW.statu!!!.rule,r~ulationl-contract or otherwisej" and the execution of sucli inslrument{s)in .~rsuance of these presents,shall lie as binding upon the said IN I ERNATIONAL I"'IDELITY INSURANCe COMPANY and ALLEGHENYCASUJlJ.rvCOMPANY,as fuJIv and amply,to all Intents ana purposes,lils if the $Sme had been duly executed and acknowledged by their regularly elected officers at their principal(lffioes. this Pow.er of AUom§Y is executed 1.and may be revoked,pursuar:lt to and by autl10rlty of the By~Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEG'HENY CASU"LTY COMPANY and Is granted under and by au~ty of the fonowlng resolution adopted b~the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dulY held on the 20th day of July,2011>and by the BoardorDirectors of AllEGHENY CASUALTY COMPANY at a meeting dUly held on the 15th day of August,2000: "RESOL.VED,!.that (1)the President,VIce President.or Secretary of the Co!'PQl'8tion shall have thePQWer to app'oint.and to revoke the ~p~lnbnenls of, Attorneys-In·raot or agents with pOWer and authOrilY as dellned or limited In ttielr respective ~ers ofattorney,anil to execute on behalf of Uie CorpO/llllon and affix the CorporatiOn's seal thereto,bonds,undertakings,recognlzanO$S,conliacls of indemnity and other written obllaatlons In the nature thereof or related thereto·and (2)any such OffIcers of tha CorporatIOn may appoint and revoke the a~DOintmenrs of jolnt-control custoclians,agents for accwtance of process,and AttOmeys-in-tact with authority to ex.ecute waivers and consents on behalf of the Coll!Oratlon;and (3)the signature ofany such OffiCer of the Corporation and the CQIll9ration's seal may be affixed by facsimile to any paw.er of attomey or cet1ification given for the execution of any bond,undertaking, recognizance con.tract ofindernnllY or other written obligation In the nature ther~f or related thereto.such sl9l'!ature and seals when so used whether herelofore or hereaft~_~~ng hereby adopted by'the CorDoration as the original Signature of such officer and the original seal of the Corporation,to be valid and binding upon the vorpuration with the same force !ilnd effect as though manuallY affixed." IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCe COMPANY and ALLEGHENY CASUALTY COMPANY haveeachexeculed and attested these pr.esents on this 12th day of March,2012. STATE OF NEW JERSEY County of Essex ROBERTW.MINSTER executive Vice PresldentfChief Operating Officer (International Fidelity Insurance company) and President (Allegheny Casualty Company) ANOTARY PUBLIC OF NEW JERSEY My CommissIon Expires Mar.27,2014 On this 12th day of March 2012,before me came the individual who executed the preceding instrument.tome personally known,and,being by me duly sworn,said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and AllEGHENY CASUALTV COMPANY;that the seals affixed to said Instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signawre were duly affixed by order of the Boards of Directors of said Compantes. IN TESTIMONY WHEREOF,I have hereunto slilt my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written..~,\.I"''''''1.l~"..~~~'''''''~~...~~......+".Q,-"~ "O".~··()TA6·-.~.'f.~..•~"T~••~';,I !\*~;:•.,.:i- •..=\"\:::ua\..\~.·.f:ti "f!~•••••.•••'A~~ 'lo'"1'''OJ:;NE\I'I ~~.....'il ""'''..."11*\'CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALL.EGHENY CASUALTY COMPANY do hereby certify that t have compared the foregOing copy of the Power of Attomey and affidaVit,and the copy of the Sections of the By-Laws of said Companies as set forth In said Power of Attomey,'wIth the originals on file In the home offioe ·of said companies,and that the same are com~ct transcripts thereof,and of the whole of the said Originals,and that the said Power of Attomey has not been revoked and ilil now In full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 26th day of March,2013 :.~~~IAt3MNCO:'lMsista~t Seereti.J"y·" . '>',;;"F'.:!..,."'·".,,,,'.l':.·"~;~~~J}1~}'iJZ!;;g~fi~.·~©n'~'}..:~D-49 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODe §1189 State of California County of Orange ) )ss. ) On 3/28/13 before me,Debra L.Fried,Notary Public Personally appeared Jeff Tracy who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTV OF PERJURY under the Laws of the State of California that the foregoing Paragraph is true and correct. Place Nole1y Seel Above WITNESS my hand and official seal. Signature:.~rtf.rJ-;!<-.-J /Signature of Notary PubUc OPTIONAL Though the information below is not required by law.it may prove valuable to parsons relying on the document and could prevent fraudUlent removel and reattachment of this form to another dooument. Description of Attached Document Title or Type of Document:Bid Bond -Rancho Palos Verdes California Coastal Trail Project Document Date:3126113 Signer(s)Other Than Named Above:Dwight Reilly;Anna Tracy Capaclty(les)Claimed by Signer(s) Signer's Name:Jeff Tracy X Corporate Officer-TiUe(s):President Individual RIGHT THUMBPRINT Partner -Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing: Number of Pages:2 Signers Name Corporate Officer -Title(s): Individual RIGHT THUMBPRINT Partner -limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing: D-50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) )ss. County of Orange ) On 3/28/13 before me,Debra L.Fried,Notary Public Personally appeared Anna Tracy CIVIL CODE §1189 DEBRA L.FRIED ...;lo Commission #1926349 ~.Notary Public·California ~J.Orange County - ••••••MHpT"l·5xeiresfez t\2~1;.f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTV OF PERJURY under the Laws of the State of California that the foregoing Paragraph is true and correct. WITNESS my hand and official s~al. Signature:~;z,'JA--.-> /Slil/ilihlniOiNOtary Public OPTIONAL Though the infonnat/on below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Bid Bond -Rancho Palos Verdes Califomla Coastal Trail Project Document Date:3126/13 Signer(s)Other Than Named Above:Dwight Reilly;Jeff Tracy Capacity(les)Claimed by Signer(s) Signer's Name:Anna Tracy X Corporate Officer-Titie(s):Secretary IndIvIdual RIGHT THUMBPRINT Partner -Umlted General Attomey in Fact Trustee Guardian or Conservator Other: Signer Is representing: Number of Pages:2 Signer's Name Corporate Officer -Tltle(s): Individual RIGHT THUMBPRINT Partner -Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing: D-51 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code §7106] State of Califomi a County of _ Cityof _ ) )55. ) The undersigned declares: I am the 11t.s/dt&t ..::ft.+t 1/"4.ey ~ of ~firl1U'•the party making the foregoing bid. ddi~ The bid is not made in the interest of,or on behalf of.any undisclosed person,partnership,company,association. organization,or corporation.TIle bid is genuine and not collusive or sham.The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.The bidder has not directly or indirectly colluded, conspired,connived,or agreed with any bidder or anyone else to put in a sham bid.or to refrain from bidding.The bidder has not in any manner,directly or indirectly,sought by agreement,commWlication,or conference with anyone to fIX the bid price ofthe bidderor any other bidder,or to fix allY overhead,profit,or cost element ofthe bid price,or of that of any other bidder.All statements contained in the bid are true.The biddel'has not,directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof.or divulged information or data relative thereto,to any corporation,partnership,company association,organization,bid depository.or to any member or agent thereofto effectuate a collusive or sham bid,and has not paid,and wiJI not pay.any person or entity for such purpose. Any person executing this declaration on behalf ofa bidder that is a corporation.partnership,joint venture,limited liability company,limited liability partnership.or any other entity,hereby represents that he or she has full power to execute,and does execute,this declaration on behalf ofthe bidder. I declare under penalty ofpetjuTY under the laws of the State of California that the foregoing is true and correct and{lthis declaration is executed on /JJtut.+r2tltil.3 [date],at ~&'Ilul [city], ~,1o(4iJL [state]. Signature --R--W-bl--/------,,q.--- Subscn'bed and swom to before me on _ (Dale) (Notary Seal)Signature _ Notary Public P-13 D-52 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE §8202 See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s).not Notary) 1........- 2./" 3.~ 4.~ 5./ 6./ Signature of Docur()int Signer No.1 State of California County of Orange - Signature of Document Signer No.2 (II any) Subscribed and sworn to (or affirmed)before me on this 28th day of March,2013 By (1)Jeff Tracy Name of Signer DEBRA L.FRIED Commission #1926349 Notary Public·California ...1 Orange County My Comm.Ex ires Feb 21,2015 proved to me on the basis of satisfactory evidence to be the person who appeared before me and (2)~ proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature~~.i~NolaryPublic Place Nolary Seal Above OPTIONAL RIGHT THUMBPRINT LEFT THUMBPRINT Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevant freudulent removal and reattachment ofthis form to another document. Further Description of Any Attached Document Noncolluslon Declaration Title of Type of Document Noncolluslon Declaration -Rancho Palos Verdes California Coastal Trail Project Document Date:3/28/13 Signer Other than Named Above: Number of Pages 1 D-53 REFERENCES The following are the names,addresses,and telephone numbers for three pUblio agenoles for which Bidder has performed similar work within the past 2 years.The related experience submitted with the bid shall document the type and number of projeots that the Contraotor has performed under State Water Board Order Number 2009-009 as amended by Order 201 0-o014-DWQ.: Identification of QSP Project Name:'~V1Cho rcA.\9S \Jevd.fS WOlD #:Ct\X\W~o\CJoct b\1)\\1Yt\\\ The following are QSPs associated with this project (1)If addItional asps are required on the job site add addittonailines and Include Information here Name of Personnel(1)Company Date ~O&@\\,..0 t,lZ \\Y\\Y\(,o Y'{\(J \\1 \\"\e.I 4-l-\3 .. SPC06·62 P-14 D-54 Authorization of Data Submitters Qo..Y\.,C.ho pC\.t oS \levelt ~ Project Name:CCA,\ltDVV\Ao\'r~btD\\\YO\\\ WDID#:_ Name of PersOlmel Elroy Kiepke Project Role QSD Company WiIIdan Engineering Signature Date atory's Signature ~m \roc~hn J a~P Approved Signatory Name and Title SPC06·62 P ·15 Date Telephone Number D-55 Exhibit "8":Labor Compliance Program D-56 The City of Rancho Palos Verdes Labor Compliance Program Manual www.palosverdes.com/rpv/ Updated February 2013 D-57 TABLE OF CONTENTS Introduction ,.................................. ................... 1 Section I:Public Works Subject to Prevailing Wage Laws...............................................1 Section II:Enforcement of a Labor Compliance Program...2 Section III:Components of a Labor Compliance Program....................2 A Bidding on Public Works Contracts.........2 B Job Start Meeting...2 C Requirement for Certified Payroll Records '"3 D Orderly Review................................................................................... 3 E Prescribed Routine................................................................................ 4 F No Payment When Payroll Records Are Delinquent or Inadequate............................4 G Responsibility to Enforce Prevailing Wage Requirements..........4 H Failure of an Awarding Body or Labor Compliance Program................................4 Section IV:Notice of Labor Compliance Program Approval..............................................4 Section V:Responsibility of a Contractor..................................................................5 A Certified Payroll Records Required.........5 B Responsibility for Subcontractors....................5 C Payment to Employees................................................................................5 D Apprentices......6 E Right to Request a SettlementlReview of Notice of Withholding of Contract Payments....6 F Liquidated Damages..................................................................6 Section VI:LCP Investigation Actions..................................................................7 A Review &Confirmation of Certified Payroll Records...........................7 B On Site Visits...................................................................................8 C Audits/Investigations.........................................................................8 Section VII:LCP Enforcement Actions..9 A Written Complaints......10 B Apprenticeship Standards...10 C Written Summary.......................................................................................10 D Training........................ ..........................................................11 Section VIII:Withholding Contract Payments..................................................................11 A Definitions..............................................11 D-58 B Withholding Contract Payments When Payroll Records Are Delinquent or Inadequate....12 C Withholding Contract Payments When,After Investigation,It is Established That Underpayment or Other Violation Has Occurred...............12 Section IX:Forfeitures Requiril,lg Approval by the Labor Commissioner..............................12 Section X:Determination of Amount of Forfeitures by the Labor Commissioner....................13 Section XI:Notice of Withholding of Contract Payments and Review Thereof........................14 A Notice of Withholding of Contract Payments (NWCP)..........................................14 B Review ofNWCP......................................................................................15 Section XII:Deposit of Penalties and Forfeitures Withheld.........16 Section XIII:Request for Review &Settlement Authority...................................................16 Section XIV:Debarment Policy....................................................................................17 Section XV:Annual Report........................................................................................17 Section XVI:Statement of Economic Interest...................................................................17 Section XVII:Payroll Records and Use of Electronic Forms..................................................18 Section XVIII:Attachments...........................................................................................20 A.Checklist of Law Requirements...................21 B.Audit Record Worksheet.........23 C.Written Acknowledgements............27 D.Single Project LC Review and Enforcement Report Form....................................35 E.Notice of Withholding for Delinquent or Inadequate CPRs..............38 F.Request for Approval of Forfeitures............ ........................................41 G.Notice of Withholding of Contract Payments ,.......43 H.Notice ofTransmittal...............46 I.Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b)....47 J.Labor Code,Part 7,Chapter 1,Sections 1720-1861............................................50 K.Public Works Payroll Reporting Form (A-I-131)CCR 16401.........79 L.Fringe Benefit Statement (Statement of Employer Payment)PW 26............81 M.Annual Report Form-(LCP-AR 1)CCR 16431.........82 N.DAS CAC-2 Form-Training Fund Contributions.........85 O.DAS Form 140-Public Works Contract Award......86 P.DAS Form I 42-Request for Dispatch of an Apprentice................................87 Q.DIR-PWC Form 100 /Contract Award Form...................................................88 D-59 INTRODUCTION City of Rancho Palos Verdes ("RPV")institutes this Labor Compliance Program ("LCP")Manual for the purpose of implementing its policy relative to the labor compliance provisions of Proposition 84 and other state-or federally-funded public works contracts that require such a program.This LCP manual contains the labor compliance standards required by state laws,regulations,and directives,as well as RPV policies and contract provisions. In establishing this manual,RPV adheres to the statutory requirements as enunciated in Section 1771.5(b) of the California Labor Code,which include but not limited to the following: 1.All bid invitations and public works contracts for the state or federally funded public works project that requires such a program ("Project")shall contain appropriate language concerning the requirements ofthis chapter. 2.A pre-job conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract. .3.Project contractors and subcontractors shall maintain and furnish,at a designated time,a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perj ury . 4.RPV shall review,and,if appropriate,audit payroll records to verify compliance with this chapter. 5.RPV shall withhold contract payments when payroll records are delinquent or inadequate. 6.RPV shall withhold contract payments equal to the amount of underpayment and applicable penalties when,after investigation,it is established that underpayment has occurred. 7.RPV shall comply with any other prevailing wage monitoring and enforcement activities that are required to be conducted by labor compliance programs by the Department of Industrial Relations (DIR). Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations (CCR) undergo alteration,amendment,or deletion,RPV will modify the affected portions of the LCP accordingly. SECTION I -PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS As provided in Labor Code Section 1771,state prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et seq.The Director's Office of Policy,Research and Legislation (OPRL)predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. A project for construction,installation,alteration,demolition,repair,or maintenance work shall be identified as such in the call for bids,and in the contract or purchase order. If the amount of a contract subject to exemption by Title 8 of the CCR section 16433 is changed and,as a result,exceeds the applicable limit under which the payment of the general rate of per diem wages is not required,workers employed on the contract after the amount due the contractor has reached the applicable limit shall be paid the general rate of per diem wages for regular,holiday or overtime work,as the case maybe. City ofRancho Palos Verdes . Labor Compliance Program Page 1 of 89 D-60 SECTION II -ENFORCEMENT OF A LABOR COMPLIANCE PROGRAM As provided in Labor Code Section 1771 et seq.,an awarding body that chooses to use public funds shall initiate and enforce a LCP as described in subdivision (b)of Section 1771.5 of the Labor Code with respect to that public works project.The applicable dates of enforcement of the LCP are established by Section 16422 of Title 8 of the CCR. No contracts shall be subject to a LCP jurisdiction nor shall the limited exemption from payment of prevailing wages pursuant to Labor,Code Section 1771.5(a)apply to any contract of an awarding body unless and until the LCP has been approved by the Director of the DIR (Director). Contracts for which the Date of Notice or the Call for Bids is subsequent to the date of approval of a LCP are subject to Labor Code Section 1771.5.In the case of a contract for which there is no Call for Bids,the applicable date shall be the date of the award of the contract. Revocation of approval of a LCP by the Director shall not affect the limited exemption from payment of prevailing wages provided by Labor Code Section 1771.5(a)if the date of such revocation is subsequent to the Date of Notice or Call for Bids or,in the case of a contract for which there is no Call for Bids, subseque,nt to the date of the award of the contract. SECTION III -COMPONENTS OF A LABOR COMPLIANCE PROGRAM In accordance with Labor Code Section 1771.5(b)and pursuant to Title 8 of the CCR Section 16421,a LCP shall include,but not be limited to,the following requirements: A.Bidding on Public Works Contracts The Call for Bids,Design-Build Request,and the contract or purchase order shall contain appropriate language concerning the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code. B.Job Start Meeting After RPV awards the public works contract,and prior to the commencement of the work,a mandatory Job Start meeting (Pre-Job conference)shall be conducted by RPV's Labor Compliance Officer (LCO)or designee with the contractor and those subcontractors listed in its bid documents. At that meeting,the LCO will discuss the federal and state labor law requirements applicable to the contract,including prevailing wage requirements,the respective record keeping responsibilities,the requirement for the submittal of certified payroll reports (CPRs)to RPV,and the prohibition against discrimination in employment. The LCO will provide the contractor and each subcontractor with a Checklist of Labor Law Requirements (Attachment A)containing information suggested in Appendix A of the Title 8 of the CCR Section 16421.The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask questions relative to the items contained in the Labor Law Requirements Checklist.The checklist will then be signed by the contractor's representative,a representative of each subcontractor,and the LCO. At the Job Start meeting,the LCO will provide the contractor with a copy of RPV's LCP package which includes:a copy of the approved LCP,the checklist of Labor Law Requirements,applicable Prevailing Wage Rate Determinations,blank CPR forms,fringe benefit statements,State apprenticeship requirements,and a copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1,Sections 1720-1861). City ofRancho Palos Verdes Labor Compliance Program Page 2 of 89 D-61 It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors. C.Requirement for Certified Payroll Records CPRs are required to be kept by the contractor in accordance with Labor Code Sectionl776 and furnished to RPV at times designated in the contract,which shall be at least monthly,or withinl0 days of any request by RPV.Use of the current version of the DIR's "Public Works Payroll Reporting Form"(A-l- 131)and Statement of Employer,Payments (PW26)constitutes presumptive compliance with the requirement for CPRs kept in accordance with Labor Code Section 1776,provided the forms are filled out accurately and completely.These suggested forms are available from the DIR at http://www.dir.ca.gov/dlse/DLSE-PublicWorks.htm. D.Orderly Review RPV will implement a program for orderly review of payroll records and,if necessary,for audits to verify compliance with the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code.This review will consist of the following: a.Establish and maintain a document control system for receiving,recording,filing,and storing labor compliance documentation,with an emphasis on confidentiality.Ensure compliance with recordkeeping and reporting requirements. b.Obtain construction project schedule to ascertain when various types of work will be started and completed to anticipate when to expect CPRs from contractor/subcontractors. c.Establish CPR submittal schedule and ensure that CPRs are received in a timely manner.Within thirty (days)of receipt ofCPRs: i.verify that all information is complete and accurate (name,full social security number, number of hours worked,wage rate,trade/classification,etc.). ii.verify that the Statement of Compliance is signed by an authorized contractor representative. iii.compare listed wages with applicable prevailing wage rate for each trade/work classification. iv.verify that any pre-determined rate increases are listed on the CPR. v.compare listed workers with worker interview forms and verify that type of work observed during site inspection is consistent with worker's classification listed on the CPR. vi.verify proper documentation of fringe benefit payments -in cash to workers or to an approved Trust Fund for each trade/classification.Periodically request Trust Fund Statements and contractor cancelled checks to verify payments. vii.verify proof of payment to Training Fund.Periodically request a letter from applicable training fund and contractor cancelled checks. viii.compare progress payment requests and schedule of values with CPRs each month to reconcile or identify trades not listed on the CPRs. ix.conduct periodic reviews of Daily Jobsite Reports and Sign-In Sheets to check for discrepancies between the numbers of workers on site vs.the number of workers reported on the CPR for the same time period. x.perform "Payroll Confirmation"in compliance with 8 CCR §16432(c) RPV will conduct audits of CPRs,when necessary,in compliance with 8 CCR §16432(e)that include:comparing reported wages to the applicable prevailing wage to uncover possible wage violations;identifying overtime and apprentice/journeyman ratio violations;identifying misclassification of workers;identifying under-reporting of workers via cross checking of payroll City ofRancho Palos Verdes Labor Compliance Program Page 3 of 89 D-62 reports with field interviews,worker complaints,Daily Construction Reports,progress payments,and Inspectors'Journals;identifying underpayment of workers,including fringe benefit payments,via cross checking reported wages with cancelled checks,payroll registers,timesheets,on-site sign-in sheets,and employers'fringe benefit payment reports. a.When discrepancies during reviews of CPRs are found,when a worker complaint is made,or as determined necessary by RPV,the LCP will perform audits ofCPRs,including: i.retrieve employer sign-in sheets,employee time cards,worker interview forms,and inspector daily reports,and compare with information listed on CPRs n.verify proper apprentice-to-journeyman ratio iii.verify proper payment of fringe benefits and overtime IV.verify total hours worked and that no unauthorized deductions have been taken v.verify proper payment of over time request and analyze cancelled checks to employees and to trust funds,when applicable E.Prescribed Routine RPV will implement a prescribed routine for withholding penalties,forfeitures,and underpayment of wages for violations of the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code as outlined in Section VIII of this document. F.No Payment When Payroll Records Are Delinquent or Inadequate All contracts to which prevailing wage requirements apply shall include a provision that contract payments shall not be made when payroll records are delinquent or inadequate. G.Responsibility to Enforce Prevailing Wage Requirements It is the responsibility of RPV to enforce prevailing wage requirements,consistent with the policy of the State as expressed in Labor Code Section 90.5(a).RPV shall take reasonable,vigorous,and prompt action to (l)determine whether violations exist,and (2)enforce compliance,including through imposition of appropriate penalties and formal enforcement action,when violations are found.RPV shall neither avoid use of its enforcement authority based on cost considerations nor shall it use that authority in an unreasonable manner to gain leverage over a contractor or subcontractor.Unreasonable use of enforcement authority includes,but is not necessarily limited to,prolonged or excessive withholdings of contract payments without making a determination that a violation has occurred. H.Failure of an Awarding Body or Labor Compliance Program The failure of RPV to comply with any requirement imposed by this subchapter shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligation imposed by Chapter I (commencing with Section 1720),Part 7,Division 2 of the Labor Code. SECTION IV -NOTICE OF LABOR COMPLIANCE PROGRAM APPROVAL Notice of approval of RPV's LCP shall be given in the Call for Bids and in the contract or purchase order and shall also be posted at the job site.If more than one job site exists or where such posting would endanger public safety,the notice may be posted in the manner prescribed by section 161 OO(b)of Title 8 of the California Code of Regulations. Notice of an approved LCP shall contain,at the minimum,the effective date of the Director's approval,a statement that the limited exemption from prevailing wages pursuant to Labor Code Section 1771.5(a) does not apply to contracts under the jurisdiction of the LCP,a telephone number to call for inquiries, City ofRancho Palos Verdes Labor Compliance Program Page 4 of 89 D-63 questions,or assistance with regard to the LCP,and the name of the agent or office administering the LCP. SECTION V -RESPONSIBILITIY OF A CONTRACTOR A.Certified Payroll Records Required In accordance with Labor Code Section 1776,the contractor and subcontractor of every tier shall maintain CPRs on a pre-determined basis by tl,1e contract for the entire course of the work,shall preserve them for a period of five (5)years after final payment on the contract,and shall furnish to the LCP at times designated in the contract or monthly,whichever is less,or within 10 days of any request by the LCP. Use of the current version ofDIR's "Public Works Payroll Reporting Form"(A-I-l3l)and Statement of Employer Payments (PW26)or reports containing all of the information required by Labor Code Section 1776,with the information organized in a manner that is similar or identical to how the information is reported on the DIR's suggested "Public Works Payroll Reporting Form"(Form A-I-l3l)and Statement of Employer Payments (PW26)constitutes presumptive compliance with the requirement for CPRs kept in accordance with Labor Code Section 1776,provided the forms are filled out accurately and completely. These su~gested forms are available from the DIR. Each individual,laborer or craftsperson working on a public works contract must appear on the CPR.The basic concept is that the employer must report its workers under the correct trade and classification on its CPRs and pay its workers accordingly.This includes individuals working as apprentices in anapprentice- able trade.Owner-operators are to be reported by the contractor employing them and rental equipment operators are to be reported by the rental company paying the workers'wages,etc. Sole owners and partners who work on a contract must also submit a CPR listing the days and hours worked,and the trade and classification descriptive of the work actually done. The contractor shall be responsible for the submittal of payroll records of all subcontractors on the project from every tier. B.Responsibility for Subcontractors The contractor shall be responsible for ensuring adherence to labor standards provisions and all aspects of this LCP by its subcontractors of every tier.Moreover,the contractor is responsible for Labor Code violations of its subcontractors of every tier in accordance with Labor Code Section 1775. C.Payment to Employees Employees must be paid unconditionally,and not less often than once each week,the full amounts that are due and payable for the period covered by the particular payday.Thus,an employer must establish a fixed workweek (Sunday through Saturday,for example)and an established payday (such as every Friday,or the preceding day should such payday fall on a holiday).On each and every payday,each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. An individual who performs skilled or unskilled labor on a public works project is entitled to be paid the applicable prevailing wage rate,regardless of whether the individual holds a particular status such as a partner,owner,owner-operator,independent contractor or sole proprietor,or holds a particular title with the employer such as president,vice-president,superintendent or foreman. Contractors and its subcontractors shall acknowledge that eight (8)hours oflabor constitutes a legal day's work.The worker's rate for straight time hours must equal or exceed the rate specified in the contract by reference to the "Prevailing Wage Determinations"for the class of work actually performed.Any work City ofRancho Palos Verdes Labor Compliance Program Page 5 of 89 D-64 performed on Saturday,Sunday,and/or on a holiday,or portion thereof,must be paid the prevailing rate established for those days regardless of the fixed workweek.The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a workweek shall be premium pay,which is not less than 1Y2 times the basic rate of pay.All work performed on Saturday,Sunday and holidays shall be paid pursuant to the Prevailing Wage determination. D.Apprentices Apprentices shall be permitted to work as such only when they are registered,individually,under a bona fide apprenticeship program registered and approved by the State Division of Apprenticeship Standards (DAS).The allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the DIR for the classification of the work he/she actually performed.Pre- apprentice trainees,trainees in non-apprentice-able crafts,and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. Compliapce with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1.Submit contract award information to the apprenticeship committee for each apprentice-able craft or trade in the area of the Project; 2.Request dispatch of apprentices from the applicable Apprenticeship Program(s)and employ apprentices on public works projects in a ratio to joumeypersons which in no case shall be less than one (1)hour of apprentice work to each five (5)hours ofjourneyperson work; 3.Contribute to the applicable apprenticeship program(s)or the California Apprenticeship Council in the amount identified in the prevailing wage rate publication for journeypersons and apprentices.If payments are not made to an apprenticeship program,they shall be made to the California Apprenticeship Council,Post Office Box 420603,San Francisco,CA 94142;and 4.Furnish written evidence of the registration of its apprenticeship training.It should be noted that apprenticeship training approval are on an individual project basis and does not confirm approval to train on any other current or future project.The contractor/subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. E.Right to Request a Settlement /Review of Notice of Withholding of Contract Payments If an investigation reveals a willful violation and RPV places a Notice of Withholding of Contract Payments (NWCP),the contractor or subcontractor may request a settlement meeting pursuant to Labor Code Section 1742.1(b)and may request review of a LCP enforcement action in accordance with Labor Code Sections 1771.6(b)and 1742 and the regulations found at sections 17201-17270 of Title 8 of the CCR. F.Liquidated Damages Pursuant to Labor Code Section 1742.1,after 60 days following the service of a civil wage and penalty assessment under Labor Code section 1741 or a notice of withholding under Labor Code Section 1771.6 (a),the affected contractor,subcontractor,and surety on a bond or bonds issued to secure the payment of wages covered by the assessment or notice may be liable for liquidated damages in an amount equal to the wages,or portion thereof,that still remain unpaid.If the assessment or notice subsequently is overturned City ofRancho Palos Verdes Labor Compliance Program Page 6 of89 D-65 or modified after administrative or judicial review,liquidated damages shall be payable only on the wages found to be due and unpaid. Additionally,if the contractor or subcontractor demonstrates to the satisfaction of the Director that he or she had substantial grounds for appealing the assessment or notice with respect to a portion of the unpaid wages covered by the assessment or notice,the Director may exercise his or her discretion to waive payment of the liquidated damages with respect to that portion of the unpaid wages.Any liquidated damages shall be distributed to the employee along with the unpaid wages.Section 203.5 shall not apply to claims for prevailing wages under.this chapter. In conjunction with the aforementioned,there shall be no liability for liquidated damages if the full amount of the assessment or notice,including penalties,has been deposited with the DIR within 60 days following service of the assessment or notice, for the department to hold in escrow pending administrative and judicial review.The department shall release such funds,plus any interest earned,at the conclusion of all administrative and judicial review to the persons and entities that are found to be entitled to such funds. The Labor Commissioner shall,upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of a civil wage and penalty assessment under Labor Code Section 1741,afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment without the need for formal proceedings.RPV shall,upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of a notice of withholding under subdivision (a)of Labor Code Section 1771.6, afford the contractor or subcontractor the opportunity to meet with the designee of RPV to attempt to settle a dispute regarding the notice without the need for formal proceedings.The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 6O-day period for seeking administrative review.No evidence of anything said or any admission made for the purpose of,in the course of,or pursuant to,the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding.No writing prepared for the purpose of,in the course of,or pursuant to, the settlement meeting,other than a final settlement agreement,is admissible or subject to discovery in any administrative or civil proceeding.The assessment or notice shall advise the contractor or subcontractor of the opportunity to request a settlement meeting. SECTION VI -LCP INVESTIGATION ACTIONS The primary function of the LCP,defined in Title 8 of the CCR Section 16432,is to ensure that public works contractors comply with the prevailing wage requirements found in the Public Works Chapter of the Labor Code.The following is intended to establish minimum requirements which the LCP shall meet or exceed in carrying out that function.Definitions found throughout this section are intended to provide RPV and representatives of the DIR and the Division of Labor Standards Enforcement with common terminology as they each perform their respective roles in prevailing wage enforcement in furtherance of the Labor Code provisions establishing Labor Compliance Programs.This section is also intended to confirm that the proactive investigation methods,as described in detail herein,only comprise the minimum obligations required of RPV to satisfy its duty to the Director to operate a LCP as specified in Title 8 of the CCR Section 16428 and Section 16434. A.Review &Confirmation of Certified Payroll Records Payroll records furnished by contractors and subcontractors in accordance with Title 8 of the CCR Section 16421(a)(3),and in a format prescribed at section 16401 of Title 8 of the CCR,shall be reviewed by RPV as promptly as practicable after receipt thereof,but in no event more than 30 days after such receipt."Review"for this purpose shall be defined as inspection of the records furnished to determine if (l)all appropriate data elements identified in Labor Code Section 1776(a)have been reported;(2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b);and City ofRancho Palos Verdes Labor Compliance Program Page 7 ot89 D-66 (3)the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon,with confirmation of payment in the manner and to the extent described in subpart (c)below. RPV shall confirm the furnished payroll record for each month in which a contractor or subcontractor reports having workers employed on the public work."Confirmation"of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of reported prevailing wage payments.Confirmation may be accomplished through worker interviews,examination of paychecks or paycheck stubs,direct confirmation of payments from third party recipients of "Employer Payments"(as defined at section 16POO of Title 8 of the California Code of Regulations),or any other reasonable method of corroboration.For each month in which a contractor or subcontractor report having workers employed on the public work,confirmation of furnished payroll records shall be undertaken randomly for at least one worker for at least one weekly period within that month.Confirmation shall also be undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to RPV that payroll records furnished by acontractor or subcontractor are inaccurate. B.On Site Visits Represen,tatives of RPV shall conduct in-person inspections at the site(s)at which the contract for public work is being performed ("On-Site Visits").On-Site Visits may be undertaken randomly or as deemed necessary by RPV,but shall be undertaken during each week that workers are present at sites. On-Site Visits shall include visual inspection of (1)Copy of the determination(s)of the DIR of the prevailing wage rate of per diem wages is required to be posted at each job site in compliance with Labor Code Section 1773.2,and (2)the Notice of Labor Compliance Program Approval is required to be posted at the job site in accordance with Title 8 of the CCR Section 16429,listing a telephone number to call for inquiries,questions,or assistance with regard to the LCP. On-Site Visits may include other activities deemed necessary by the LCP to independently corroborate prevailing wage payments reported on payroll records furnished by contractors and subcontractors. C.Audits/Investigations Audits/investigations may be conducted by RPV when it has been determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages or at the request of the Labor Commissioner. An "audit"for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid worker,and including any penalties to be assessed under Labor Code Sections 1775 and 1813,as determined by the LCP after consideration of the best information available as to actual hours worked,amounts paid,and classifications of workers employed in connection with the public work. Such available information may include,but is not limited to,worker interviews,complaints from workers or other interested persons,all time cards,cancelled checks,cash receipts,trust fund forms,books, documents,schedules,forms,reports,receipts or other evidences which reflect job assignments,work schedules by days and hours,and the disbursement by way of cash,check,or in whatever form ormanner, of funds to a person(s)by job classification and/or skill pursuant to a public works project.An audit is sufficiently detailed when it enables the Labor Commissioner,if requested to determine the amount of forfeiture under Title 8 of the CCR Section 16437,to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code,and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures.An audit,using the forms in Attachment B,when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made,presumptively demonstrates sufficiency.Records supporting an audit shall be maintained by RPV to satisfy its burden of coming forward with evidence in City ofRancho Palos Verdes Labor Compliance Program Page 80f89 D-67 administrative review proceedings under Labor Code Section 1742 and the Prevailing Wage Hearing Regulations found at sections 17201-17270 of Title 8 of the CCR. After RPV has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared,notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these regulations.The contractor and affected subcontractor shall be provided at least 10 days following such notification to submit exculpatory information consistent with the "good faith mistake"factors set forth in Labor Code Section1775(a)(2)(A)(i)and (ii). If,based upon the contractor's submission,RPV concludes that the failure to pay the correct wages was a good faith mistake,and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations,RPV shall not be required to send a request to the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to RPV.For each instance in which a wage deficiency is resolved in accordance with this regulation,RPV shall maintain a written record of the failure of the contractor or subcontractor to meet its prevailing wage obligation.The record shall identify the public works project,the contractor or affected subcontractor involved,and the gross amount of wages paid to workers to resolve the prevailing wage deficiency;the record shall also include a copy of the audit prepared pursuant to Title 8 of the CCR Section 16432(e)along with any exculpatory information submitted to RPV by the affected contractor or subcontractor. Regardless of what is defined as "prevailing wages"in contract terms,noncompliance with the following are considered failures to pay prevailing wages: 1.Nonpayment of items defined as "Employer Payments"and "General Prevailing Rate of Per Diem Wages"in Title 8 CCR Section 16000 and Labor Code Section 1771; 2.Failure to provide complete and accurate payroll records,as required by Labor Code Section 1776; 3.Paying apprentice wages to a worker who is not an apprentice as defined in Labor Code Section 3077; 4.Accepting or extracting kickbacks,in violation of Labor Code Section 1778; 5.Engaging in prohibited actions related to fees for registration as a public works employee,in violation of Labor Code Section 1779;or 6.Failure to pay overtime for work over 8 hours in anyone day or 40 hours in anyone week,in violation of Labor Code sections 1813,1815,or Title 8 of the CCR section16200(a)(3)(F). SECTION VII -LCP ENFORCEMENT ACTIONS RPV shall have a duty to the Director to enforce the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code and these regulations in a manner consistent with the practice of the Labor Commissioner.It is the practice of the Labor Commissioner to refer to the Director's ongoing advisory service of web-posted public works coverage determinations as a source of information and guidance in making enforcement decisions.It is also the practice of the Labor Commissioner to be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code Section 1742(b)and sections 17201-17270 of Title 8 of the CCR. City ofRancho Palos Verdes Labor Compliance Program Page 90f89 D-68 A.Written Complaints Pursuant to Title 8 of the CCR Section 16434 (b),upon receipt of a written complaint alleging that a contractor or subcontractor has failed to pay prevailing wages as required by the Labor Code,RPV shall do all of the following (Attachment C contains acknowledgement letters).: 1.Within 15 days after receipt of the complaint,send a written acknowledgment to the complaining party that the complaint has been received and identify the name,address,and telephone number of the investigator assigned to the complaint (Complaint Acknowledgement Letter); 2.Within 15 days after receipt of the complaint,provide the affected contractor with the notice (Notification of Complaint Letter)required under Labor Code section 1775(c)if the complaint is against a subcontractor; 3.Notify the complaining party in writing of the resolution of the complaint within ten days after the complaint has been resolved by RPV (Complaint Resolution Letter -No Violation, Complaint Resolution Letter -Violation); 4.Notify the complaining party in writing at least once every 30 days of the status of a complaint that has not been resolved by RPV (Complaint Status Letter);and 5.Notify the complaining party in writing at least once every 90 days of the status of a complaint that has been resolved by RPV but remains under review or in litigation before another entity (Complaint ReviewlLitigation Status Letter). B.Apprentices Standards Pursuant to Title 8 of the CCR Section 16434(c),the duties ofRPV with respect to apprenticeship standards are as follows: 1.RPV shall (A)inform contractors and subcontractors bidding public works about apprenticeship requirements,(B)send copies of awards and notices of discrepancies to the DAS as required under Section 1773.3 of the Labor Code,and (C)refer complaints and promptly report suspected violations of apprenticeship requirements to the DAS. 2.RPV shall be responsible for enforcing prevailing wage pay requirements for apprentices consistent with the practice of the Labor Commissioner,including (A)that any contributions required pursuant to Labor Code Section 1777.s(m)are paid to the appropriate entity,(B)that apprentices are paid no less than the prevailing apprentice rate,(C)that workers listed and paid as apprentices on the CPRs are duly registered as apprentices with the DAS,and (D)requiring that the regular prevailing wage rate be paid (i)to any worker who is not a duly registered apprentice and (ii)for all hours in excess of the maximum ratio permitted under Labor Code Section 1777 .5(g),as determined at the conclusion of the employing contractor or subcontractor's work on the public works contract. C.Written Summary For each public work project subject to RPV's Labor Compliance Program's enforcement of prevailing wage requirements,a separate,written summary of labor compliance activities and relevant facts pertaining to that particular project shall be maintained,defined by Title 8 of the CCR Section 16434 (d). That summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner.Attachment D provides a format for tracking and monitoring enforcement activities.Compliance records for a project shall be retained until the later of (1)at least one year after the acceptance of the public work or five years City ofRancho Palos Verdes Labor Compliance Program Page 10 of 89 D-69 after the cessation of all labor on a public work that has not been accepted,or (2)one year after a final decision or judgment in any litigation under Labor Code Section 1742.For purposes of this section,a written summary or report includes information maintained electronically,provided that the summary or report can be printed out in hard copy form or is in an electronic format that (1)can be transmitted by e- mail or compact disk and (2)would be acceptable for the filing of documents in a federal or state court of record within this state. D.Training In accordance to Title 8 of the CCR Section 16434 (e),the Labor Commissioner may provide,sponsor,or endorse training on how to enforce prevailing wage requirements,including but not necessarily limited to the subjects of (1)ascertaining prevailing wage requirements and rates from the Division of Labor Statistics and Research,(2)monitoring and investigation under Title 8 of the CCR Section 16432,(3) enforcement responsibilities under Title 8 of the CCR Section 16434 -16439,and (4)procedural requirements and responsibilities as an enforcing agency under Labor Code Sections 1741 -1743 and 1771.6 and Sections 17201 -17270 of Title 8 of the CCR. SECTION VIII -WITHHOLDING OF CONTRACT PAYMENTS A.Defimtions 1."Withhold"means to cease payments by RPV,or others who pay on its behalf,or agents,to the general contractor.Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. 2."Contracts":except as otherwise provided by agreement,only contracts under a single master contract,including a Design-Build contract,or contracts entered into as stages of a single proj ect,may be the subject of withholding. 3."Delinquent payroll records"means those not submitted on the date set in the contract. 4."Inadequate payroll records"are anyone of the following:(1)A record lacking any of the information required by Labor Code Section 1776;(2)A record which contains all of the required information but is not certified,or is certified by someone who is not an agent of the contractor or subcontractor;(3)A record remaining uncorrected for one payroll period,after the LCP has given the contractor or subcontractor notice of inaccuracies detected by audit or record review.However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to one (1) percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll,as defined in Labor Code Section 1776 and section 16401 of Title 8 of the California Code of Regulations. 5.Where the violation is by a subcontractor,the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. 6."Amount equal to the underpayment"is the total of the following determined by payroll review,audit, or admission of contractor or subcontractor:(1)The difference between amounts paid to workers and the correct General Prevailing Rate of Per Diem Wages,as defined in Labor Code Section 1773,and determined to be the prevailing rate due to workers in such craft,classification or trade in which they were employed and the amounts paid;(2)The difference between amounts paid on behalf of workers and the correct amounts of Employer Payments,as defined in Labor Code Section 1773.1 and determined to be part of the prevailing rate costs of contractors due for employment of workers in such craft,classification or trade in which they were employed and the amounts paid;(3)Estimated amounts of "illegal taking of wages";(4)Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor the California Apprenticeship Council;(5)Estimated penalties under Labor Code Sections 1775, 1776,and 1813. City ofRancho Palos Verdes Labor Compliance Program Page 11 of 89 D-70 B.Withholding of Contract Payments When Payroll Records Are Delinquent or Inadequate If an investigation reveals a violation from delinquent or inadequate CPRs defined by Section IX(A) above or Title 8 of the CCR 16435,a withholding of contract payments is required by Labor Code Section 1771.5(b)(5),and it does not require the prior approval of the Labor Commissioner.RPV shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate,plus any additional amount that RPV has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll record;>are delinquent or inadequate;provided that a contractor shall be required in tum to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until RPV provides notice that the subcontractor has cured the delinquency or deficiency. When contract payments are withheld under this section,RPV shall provide the contractor and subcontractor,if applicable,with immediate written notice that includes all of the following:(1)a statement that payments are being withheld due to delinquent or inadequate payroll records,and that identifies what records are missing or states why records that have been submitted are deemed inadequate;(2)specifies the amount being withheld;and (3)informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742,limited to the issue of whether the records are delinquent or inadequate or the LCP has exceeded its authority under this section.This written notice shall resemble Attachment E. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate payroll records,penalties shall be assessed under Labor Code Section 1776(g)for failure to timely comply with a written request for CPRs.The assessment of penalties under Labor Code Section 1776(g)does require the prior approval of the Labor Commissioner under section 16436 of these regulations. C.Withholding of Contract Payments When Underpayment or Other Violations Have Occurred If an investigation reveals that underpayment or other violations excluding delinquent or inadequate payroll records,defined by Section IX(A)above or Title 8 of the CCR 16435.5 have occurred,RPV shall issue a withholding of contract payments pursuant to Labor Code Section 1771.6,after receiving approval from the Labor Commissioner under Title 8 of the CCR Sections 16436 and 16437. SECTION IX -FORFEITURES REQUIRING APPROVAL B Y THE LABOR COMMISSIONER "Forfeitures"means the amount of wages,penalties,and forfeitures assessed by the LCP and proposed to be withheld pursuant to Labor Code section 1771.6(a),and includes the following:(1)the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate by the contractor or subcontractor;and (2)penalties assessed under Labor Code Sections 1775,1776 and 1813. Pursuant to Title 8 of the CCR Section 16411,upon the decision to withhold,retain or forfeit any sum from a payment due to a contractor as permitted by Labor Code section 1727,the Division of Labor Standards Enforcement shall give written notice to RPV,the contractor,and to any affected subcontractor,of the withholding,retention,or forfeiture.Said notice shall include the following information:(1)the amount to be withheld,retained or forfeited;(2)a short statement of the factual basis upon which said amount is to be withheld,retained,or forfeited,including,but not limited to,the computation of any wages found to be due,and the computation of any penalties assessed under Labor Code section 1775;and (3)notice of the right to request a hearing under these regulations,and of the manner in which,and the time within which a hearing must be requested.Said notice shall be sent by City ofRancho Palos Verdes Labor Compliance Program Page 12 of 89 D-71 certified mail to the last known address of the contractor,and to the last known address of any affected subcontractor. Pursuant to Title 8 of the CCR Section 16436,if the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1,000.00,the forfeitures shall be deemed approved by the Labor Commissioner upon service and the Labor Commissioner's receipt of copies of the following:(l)the NWCP authorized by Labor Code Section 1771.6(a)(Attachment G);(2)an audit as defined in section 16432(e)of these regulations,and (3)a brief narrative identifying the Bid Advertisement Date of the contract for public work and summa,rizing the nature of the violation,the basis of the underpayment,and the factors considered in determining the assessment of penalties,ifany,under Labor Code Section 1775. For all other forfeitures,approval by the Labor Commissioner shall be requested and obtained in accordance with Title 8 of the CCR Section 16437 or Section XI of this manual. SECTION X -DETERMINATION OF AMOUNT OF FORFEITURES BY THE LABOR COMMISSIONER When RPV requests a determination of the amount of forfeiture,the request shall include a file or report to the Labor Commissioner which contains at least the information specified in subparts (I)through (8) below.Attachment F is a suggested format for a Request for Approval of Forfeiture under this section. I.Whether the public work has been accepted by RPV and whether a valid notice of completion has been filed,the dates if any when those events occurred,and the amount of funds being held in retention by RPV; 2.Any other deadline which if missed would impede collection; 3.Evidence of violation,in narrative form; 4.Evidence of violation obtained under Title 8 of the CCR Section 16432 and a copy of the audit prepared in accordance with Title 8 of the CCR Section 16432(e)setting forth the amounts of unpaid wages and applicable penalties; 5.Evidence that before the forfeiture was sent to the Labor Commissioner (A)the contractor and subcontractor were given the opportunity to explain why there was no violation,or that any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor's attention,and (B)the contractor and subcontractor either did not do so or failed to convince RPV of its position; 6.Where RPV seeks not only wages but also a penalty as part of the forfeiture,and the contractor or subcontractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention,a short statement should accompany the proposal for a forfeiture,with a recommended penalty amount pursuant to Labor Code Section 1775(a); 7.Where RPV seeks only wages or a penalty less than $200 per day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of the violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention,the file should include the evidence as to the contractor or subcontractor's knowledge of his or her obligation,including the program's communication to the contractor or subcontractor of the obligation in the bid invitations,at the pre-job conference agenda and records,and any other notice given as part of the contracting process.With the file should be a statement,similar to that described in (6),and recommended penalty amounts, pursuant to Labor Code Sectionl775(a);and City ofRancho Palos Verdes Labor Compliance Program Page 13 of 89 D-72 8.The previous record of the contractor and subcontractor in meeting their prevailing wage obligations. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered,and not less than 30 days before the final payment,but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741. A copy of the recommended forfeiture and the file or report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner.RPV may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit,investigation,or meeting if those are clearly referenced in the file or report. The Labor Commissioner shall affirm,reject,or modify the forfeiture in whole or in part as to the wages and penalties due. The Labor Commissioner's determination of the forfeiture is effective on one of the two following dates: 1.For all programs other than those having extended authority under Title 8 of the CCR Section 16427 of these regulations,on the date the Labor Commissioner serves by first class mail,on the LCP,on the contractor and on the subcontractor,if any,an endorsed copy of the proposed forfeiture,or a newly drafted forfeiture statement which sets out the amount of forfeiture approved.Service on the contractor or subcontractor is effective if made on the last address supplied by the contractor or subcontractor in the record.The Labor Commissioner's approval, modification or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture. 2.For programs with extended authority under Title 8 of the CCR Section 16427 above, approval is effective 20 days after the requested forfeitures are served upon the Labor Commissioner,unless the Labor Commissioner serves a notice upon the parties,within that time period,that this forfeiture request is subject to further review.For such programs,a notice that approval will follow such a procedure will be included in the transmittal of the forfeiture request to the contractor.If the Labor Commissioner notifies the parties of a decision to undertake further review,the Labor Commissioner's final approval,modification or disapproval of the proposed forfeiture shall be served within 30 days of the date of notice of further review. SECTION XI -NOTICE OF WITHHOLDING OF CONTRACT PAYMENTS A.Notice of Withholding of Contract Payments Upon receipt of approval of the request for forfeitures by the Labor Commissioner,RPV will place a NWCP against the affected contractor and subcontractor,if applicable. This NWCP shall be in writing,describe the nature of the violation and the amount of wages,penalties, and forfeitures withheld pursuant to Labor Code Section 1771.6 and contain the review procedures pursuant to Labor Code Section 1742.Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the affected contractor and subcontractor,if applicable.A copy of the notice shall also be served by certified mail on any bonding company issuing a bond that secures the payment of the wages covered by the Notice and to any Surety on a bond,if the identities of such companies are known to RPV.Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made toits rights under Labor Code Section 1729. Pending a final order,or the expiration of the time period for seeking review of the NWCP,RPV shall not disburse any contract payments withheld (Labor Code Section 1771.6(c). City ofRancho Palos Verdes Labor Compliance Program Page 14 of 89 D-73 A copy of the NWCP to be utilized by RPV is found as Attachment G to this document. B.Review of Notice of Withholding of Contract Payments Pursuant to Labor Code Section 1742,an affected contractor or subcontractor may obtain review of a NWCP by transmitting a written request to the office of RPV that appears on the NWCP within 60 days after service of the NWCP.If no hearing is requested within 60 days after service of the NWCP,the NWCP shall become final.The Director shall adopt regulations setting forth procedures for hearings under Labor Code 1742. Within ten days following the receipt of the Request for Review,RPV shall transmit to the Office of the Director-Legal Unit the Request for Review and copies of the NWCP,any audit summary that accompanied the notice,and a proof of service or other documents showing the name and address of any bonding company or surety that secures the payment of the wages covered by the notice.A copy of the required Notice of Transmittal to be utilized by RPV is found as Attachment H to this document. Upon receipt of a timely request,a hearing shall be commenced within 90 days before the Director,who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant,to subdivision (b)of Section 11502 of the Government Code.The appointed hearing officer shall be an employee of the department,but shall not be an employee of the Division of Labor Standards Enforcement.The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by RPV at the hearing within 20 days of the receipt of the written request for a hearing.Any evidence obtained by RPV subsequent to the 20-day cutoff shall be promptly disclosed to the contractor or subcontractor.A copy of a Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b)form is found as Attachment I to this document. The contractor or subcontractor shall have the burden of proving that the basis for the NWCP is incorrect. The NWCP shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing. Within 45 days of the conclusion of the hearing,the Director shall issue a written decision affirming, modifying,or dismissing the assessment.The decision of the Director shall consist of a notice of findings, findings,and an order.This decision shall be served on all parties pursuant to Section 1013 of the Codeof Civil Procedure by first-class mail at the last known address of the party on file with RPV Within 15 days of the issuance of the decision,the Director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. An affected contractor or subcontractor may obtain review of the decision of the Director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision.If no petition for writ of mandate is filed within 45 days after service of the decision,the order shall become final (Labor Code section 1742 (c)).If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence,abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business.The clerk,immediately upon the filing,shall enter judgment for the state against the person assessed in the amount shown on the certified order. A judgment entered pursuant to this procedure shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to this section. City ofRanch0 Palos Verdes Labor Compliance Program Page 15 of 89 D-74 An awarding body that has withheld funds in response to a civil wage and penalty assessment under this Labor Code 1742,upon receipt of a certified copy of a final order that is no longer subject to judicial review,promptly transmit the withheld funds,up to the amount of the certified order,to the Labor Commissioner or for the disbursement pursuant to Labor Code Section 1771.6 and Title 8 of the CCR Section 16438. This procedure shall provide the exclusive method for review of a NWCP by RPV to withhold contract payments pursuant to Labor Code section 1771.5. SECTION XII -DEPOSIT OF PENALTIES AND FORFEITURES WITHHELD The deposit of penalties and forfeitures withheld shall be pursuant to Labor Code Section 1771.6 and Title8 of the CCR Section 16438. From the amount recovered,the wage claim shall be satisfied prior to the amount being applied to penalties.If insufficient money is recovered to pay each worker in full,the money shall be prorated among all workers. Wages f9r workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Labor Code Section 96.7.Penalties shall be paid into RPV's General Fund pursuant to Labor Code Section 1771.5. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty,forfeiture or underpayment of wages,and the matter has been resolved without litigation by or against the Labor Commissioner,the LCP shall deposit penalties and forfeitures with RPV. Where collection of fines,penalties or forfeitures results from administrative proceedings or court action to which the Labor Commissioner and RPV or its LCP are both parties,the fines,penalties or forfeitures shall be divided between the general funds of the state and RPV,as the Hearing Officer or court may decide. All penalties recovered in administrative proceedings or court action brought by or against the Labor Commissioner and to which RPV or its LCP is not a party,shall be deposited in the general fund of the state. All wages and benefits which belong to an employee and are withheld or collected from a contractor or subcontractor,either by withholding or as a result of administrative proceedings or any court action,and which have not been paid to the employee or irrevocably committed on the employee's behalf to a benefit fund,shall be deposited with the Labor Commissioner,who shall handle such wages and benefits in accordance with Labor Code Section 96.7. SECTION XIII -REQUEST FOR REVIEW &SETTLEMENT AUTHORIT A contractor or subcontractor may request a settlement meeting pursuant to Labor Code Section 1742.1 (b)and may request review of RPV's enforcement action in accordance with Labor Code Sections 1771.6(b)and 1742 and the regulations found at sections 17201-17270 of Title 8 of the CCR.RPV shall have the rights and responsibilities of the Enforcing Agency (as defined in section 17202(f)of Title 8 of the CCR),in responding to such a request for review,including but not limited to the obligations to serve notices,transmit the Request for Review to the hearing office,and provide an opportunity to review evidence in a timely manner,to participate through counsel in all hearing proceedings,and to meet the burden of establishing prima facie support for the NWCP. City ofRancho Palos Verdes Labor Compliance Program Page 16 of 89 D-75 If a contractor or subcontractor seeks review of RPV's enforcement action,the Labor Commissioner may intervene to represent RPV,or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner,or both. Except in cases where the Labor Commissioner has intervened pursuant to subpart above,RPV shall have the authority to prosecute,settle,or seek the dismissal of any NWCP issued pursuant to Labor Code Section 1771.6 and any review proceeding under Labor Code Section 1742,without any further need for approval by the Labor Commissioner.Whenever RPV settles in whole or in part or seeks and obtains the dismissal of a NWCP or a review proceeding under Labor Code Section 1742,RPV shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. SECTION XIV -DEBARMENT POLICY It is the policy of RPV that the public works prevailing wage requirements set forth in the California Labor Code,Section 1720-1861,be strictly enforced.In furtherance thereof,construction contractors and subcontractors found to be repeat violators of the California Labor Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise being awarded any public work contract, within the state of California,for the performance of construction and/or maintenance services for the period not to exceed three (3)years in duration.The duration of the debarment period shall depend upon the nature and severity of the labor code violations and any mitigating and/or aggravating factors,which may be presented at the hearing conducted by the Labor Commissioner for such purpose.The debarment shall follow the regulations set forth in Labor Code Section 1777.1 and Title 8 of the CCR Section 16800- 16802. SECTION XV -ANNUAL REPORTS RPV shall submit to the Director an annual report on its operation by no later than August 31 of each year.The annual report shall cover the twelve month period commencing on July 1 of the preceding calendar year and ending on June 30 of the year in which the report is due.For good cause,the Director may authorize RPV to use a different reporting period and provide for the annual report to be due no later than 60 days following the close of that reporting period. The Annual Report shall be made on the LCP-ARI. Information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluating the scope and level of enforcement activity of the LCP.An annual report shall also include such additional information as RPV may be required to report as a condition of its approval. If the LCP ceases operating,either due to the voluntary termination of its program or the revocation of its approval by the Director,RPV shall file a closing annual report within sixty (days)following the LCP's last day of operation as an approved program. SECTION XVI -STATEMENT OF ECONOMIC INTEREST RPV shall determine and designate those employees and consultants of the program who participate in making governmental decisions for RPV within the meaning of Title 2,CCR,sections 18700 -18702.4. Those designated employees and consultants shall be required to file Statements of Economic Interest (FPPC Form 700)arid to comply with other applicable requirements of the Political Reform Act (commencing with Section 87100 of the Government Code) in connection with work performed on behalf ofRPV. Designated employees and consultants of RPV who operate the LCP shall file their Statements of Economic Interest (FPPC Form 700)with RPV's filing officer, unless the DIR or the Fair Political Practices Commission specifies a different or alternative filing location. City ofRancho Palos Verdes Labor Compliance Program Page 17 of 89 D-76 SECTION XVII -PAYROLL RECORDS AND USE OF ELECTRONIC FORMS §16400.Request for Payroll Records. Pursuant to Title 8 of the CCR Section 16400,requests may be made by any person for certified copies of payroll records.Requests shall be made to any of the following: 1.RPV,or 2.any office of the Division of Labor Standards Enforcement,or the Division of Apprenticeship Standards. Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be made by any person.However,any such request shall be in writing and contain at least the following information: 1.The body awarding the contract; ~.The contract number and/or description; 3.The particular job location if more than one; 4.The name of the contractor; 5.The regular business address,if known. NOTE:Requests for records of more than one contractor of subcontractor must list the information regarding that contractor or subcontractor individually,even if all requests pertain to the same particular public works project.Blanket requests covering an entire public works project will not be accepted unless contractor and subcontractor responsibilities regarding the project are not clearly defined. The public entity receiving a request for payroll records shall acknowledge receipt of such,and indicate the cost of providing the payroll records based on an estimate by the contractor,subcontractor or public entity.The acknowledgment of the receipt of said request for payroll records may be accomplished by the public entity's furnishing a copy of its written correspondence requesting certified copies of the payroll records sent to the specific contractor pursuant to Section 16400(d)below,to the person who requested said records. The request for copies of payroll records by the requesting public entity shall be in any form and/or method which will assure and evidence receipt thereof.The request shall include the following: 1.Specify the records to be provided and the form upon which the information is to be provided; 2.Conspicuous notice of the following: A.that the person certifying the copies of the payroll records is,if not the contractor, considered as an agent acting on behalf of the contractor;and B.that failure to provide certified copies of the records to the requesting public entity withinlO working days of the receipt ofthe request will subject the contractor to a penalty of twenty-five ($25.00)dollars per calendar day or portion thereof for each worker until strict compliance is effectuated; 3.Cost of preparation as provided in Section 16402;and City ofRancho Palos Verdes Labor Compliance Program Page 18 of 89 D-77 4.Provide for inspection. Inspection of the original payroll records at the office of the contractor(s)pursuant to subdivision (b)of Section 1776 of the Labor Code shall be limited to the public entities upon reasonable written or oral notice. §16401.Reporting of Payroll Requests. Pursuant to Title 8 of the CCR Section 16401,the format for reporting of payroll records requested pursuant to Labor Code Section 1776 shall be on a form provided by the public entity.Copies of the forms may be procured at any office of the Division of Labor Standards Enforcement (DLSE)throughout the state and/or: Division of Labor Statistics &Research P.O.Box 603 San Francisco,CA 94101 ATTENTION: Prevailing Wage Unit Acceptance of any other format shall be conditioned upon the requirement that the alternate format contain all of the information required pursuant to Labor Code Section 1776.If,however,the contractor does not comply with the provisions of Labor Code Section 1776,the Labor Commissioner may require the use ofDIR's suggested format,"Public Works Payroll Reporting Form"(Form A-I-131). The form of certification shall be as follows:I,(Name-print)the undersigned,am _..,.,.-(position in business)with the authority to act for and on behalf of,(name of business and/or contractor)certify under penalty of perjury that the records or copies thereof submitted and consisting of (description,no.of pages)are the originals or true,full and correct copies of the originals which depict the payroll record(s)of the actual disbursements by way of cash, check,or whatever form to the individual or individuals named.Date:Signature:_ A public entity may require a stricter and/or more extensive form of certification. §16402.Cost. Pursuant to Title 8 of the CCR Section 16402,the cost of preparation of payroll records to each contractor,subcontractor,or public entity when the request was made shall be provided in advance by the person seeking the payroll record.Such cost shall be $1 for the first page of the payroll record and 25cents for each page thereafter,plus $10 to the contractor or subcontractor for handling costs.Payment in the form of cash,check or certified money order shall be made prior to release of the documents to cover the actual costs of preparation. §16403.Privacy Considerations. Pursuant to Title 8 of the CCR Section 16403: (a)Records received from the employing contractor shall be kept on file in the office or entity that processed the request for at least 6 months following completion and acceptance of the project. Thereafter,they may be destroyed unless administrative,judicial or other pending litigation,including arbitration,mediation or other methods of dispute resolution,are in process.Copies on file shall not be obliterated in the manner prescribed in subdivision (b)below; (b)copies provided to the public upon written request shall be marked,obliterated or provided in such a manner that the name,address and Social Security number,and other private information pertaining to each employee cannot be identified.All other information including identification of the contractor shall not be obliterated; City ofRancho Palos Verdes Labor Compliance Program Page 19 of 89 D-78 (c)the public entity may affirm or deny that a person(s)was or is employed on a public works contract (by a specific contractor)when asked,so long as the entity requires such information of an identifying nature which will reasonably preclude release of private or confidential information. §16404.Use of Electronic Reporting Forms. Pursuant to Title 8 of the CCR Section 16404,CPRs required by Labor Code Section 1776 may be maintained and submitted electronically subject to all of the following conditions: 1.The reports must contain all of the information required by Labor Code Section 1776,with the information organized in a manner that is similar or identical to how the information is reported on the DIR's suggested "Public Works Payroll Reporting Form"(F orm A -1-131); 2.The reports shall be in a format and use software that is readily accessible and available to contractors,awarding bodies,Labor Compliance Programs,and the DIR; 3.Reports submitted to an awarding body,a LCP,the DLSE,or other entity within the DIR must be either (1)in the form of a non-modifiable image or record that bears an electronic signature or includes a copy of any original certification made on paper,or alternatively (2) printed out and submitted on paper with an original signature; 4.The requirements for redacting certain information shall be followed when CPRs are disclosed to the public pursuant to Labor Code Section 1776(e),whether the records are provided electronically or as hard copies;and 5.No contractor or subcontractor shall be mandated to submit or receive electronic reports when it otherwise lacks the resources or capacity to do so,nor shall any contractor or subcontractor be required to purchase or use proprietary software that is not generally available to the public. SECTION XVIII -ATTACHMENTS TO FOLLOW •Checklist of Law Requirements •Audit Record Worksheet •Written Acknowledgements •Single Project LC Review and Enforcement Report Form •Notice of Withholding for Delinquent or Inadequate CPRs •Request for Approval of Forfeitures •Notice of Withholding of Contract Payments •Notice of Transmittal •Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742 (b) •Labor Code,Part 7,Chapter 1,Sections 1720-1861 •Public Works Payroll Reporting Form &Notice to Public Entity (A-I-131)CCR 16401 •Fringe Benefit Statement (Statement of Employer Payment)PW 26 •Annual Report Form-(LCP-AR 1)CCR 16431 •DAS CAC-2 Form-Training Fund Contribution •DAS Form 142-Request for Dispatch of an Apprentice •DAS Form 140-Public Works Contract Award •DIR-PWC Form 100 /Contract Award Form City ofRancho Palos Verdes Labor Compliance Program Page 20 of 89D-79 Checklist of Labor Law Requirements (CCR Title 8,Section 76427) Ultimately the prime contractor is liable for their sub and specialty contractors.This checklist is a useful tool for the prime contractor to ensure that their sub and specialty contractors know their responsibilities on public works projects.Contractors who understand and comply with the Jaw are more likely to deliver the job on time,on budget and done right the first time.We suggest the prime contractor encourage completion ofthis checklist by their sub and specialty contractors. NAME (PRINn _ COMPANY _ DATE _ PHONE _ ADDRESS _FAX _ CITY STATE _ZIP CODE _ PROJECT MANAGER _SUPERINTENDENT/FOREMAN _ CERTIFIED PAYROLL PHONE/EXT._ CONTRACTOR LICENSE NO._EXP.DATE _SPECIALTY LICENSE NO._ SELF-INSURED CERTIFICATE NO.WORKERSCOMP.POLICY NO._ PROJECT NAME PROJECT#/BID PACKAGE#_ AWARDING BODY ADVERTISEMENT DATE _ IF SUB-CONTRACTING,LIST YOUR PRIME/GENERAL CONTRACTOR _ CONTRACT AWARDAMOUNT _ THE FEDERAL AND STATE LABOR LAW REQUIREMENTS APPLICABLE TO THE CONTRACT ARE COMPOSED OF,BUT NOT LIMITED TO,THE FOLLOWING: o Payment of Prevailing Wage Rates The contractor to whom the contract is awarded and its subcontractors hired for the public works project are required to pay not less than the specified general prevailing wage rates to all workers employed in the execution of the contract. Labor Code Section 1770 et seq. The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes that occur during the life of the contract.Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view.Additionally,current wage rate information can be found at the DLSR web site,www.dir.ca.gov/dlsr/statisticsJesearch.html. o Apprentices It is the duty of the contractor and subcontractors to employ registered apprentices on the public works project and to comply with all aspects of Labor Code Section 1777.5,relating to Apprentices on Public Works.(1)Notify approved apprenticeship programs of contract award;(2)employ apprentices;(3)pay training fund contributions. o Penalties There are penalties required for contractor's/subcontractor's failure to pay prevailing wages and for failure to employ apprentices,including forfeitures and debarment under Labor Code Sections 1775;1776;1777.1;1777.7 and 1813. o Certified Payroll Reports Under Labor Code Section 1776,contractors and subcontractors are required to keep accurate payroll records shoWing the name, address,social security number and work classification of each employee and owner performing work;also the straight time and overtime hours worked each day for each week,the fringe benefits,and,the actual per diem wage paid to each owner,journey person,apprentice worker or other employee hired in connection with the public works project. This requirement includes and applies to all subcontractors performing work on Awarding Body projects even iftheir portion of the work is less than one half of one percent (0.05%)of the total amount of the contract. The certified payroll records shall contain the same data fields listed on the Public Works Payroll Reporting Form (A-1-131)and contain or is accompanied by a declaration made under penalty of perjury.(California Code ofRegulations,Section 16401). Prime Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package. Any payroll not submitted in the proper form will be rejected.In the event that there has been no work perf9!~~~r~nrn~aD-80 Checklist of Labor Law Requirements,continued given week,the Certified Payroll Report shall be annotated:"No work"for that week or a Non-Performance Statement must be submitted. Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor,or shall be furnished to any employee,or his/her authorized representative on request,pursuant to Labor Code Section 7776. Under Labor Code Section 7776(g)there are penalties required for contractor's/subcontractor's failure to maintain and submit copies of certified payroll records on request. o Nondiscrimination in Employment There exist prohibitions against employment discrimination under Labor Code Sections 7735 and 7777.6, the Government Code,the Public Contracts Code,and Title VII of the Civil Rights Act of 7964. o Kickbacks Prohibited Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting "kickbacks"from employee wages under Labor Code Section 7778. o Acceptance of Fees Prohibited There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for public work under Labor Code Section 7779;or for filling work orders on public works contracts pursuant to Labor Code Section 7780. o Listing of Subcontractors All prime contractors are required to list properly all subcontractors hired to perform work on the public works projects covering more than one-half of one percent,pursuant to Government Code Section 4704. o Proper Licensing Contractors are required to be licensed properly and to require that all subcontractors be properly licensed.Penalties are required for employing workers while unlicensed under Labor Code Section 7027 and under the California Contractor License Law found at Business and Professions Code Section 7000 et seq. o Unfair Competition Prohibited Contractors and sub-contractors are prohibited from engaging in unfair competition as specified under Business and Professions Code Sections 77200 to 77208. o Workers Compensation Insurance Labor Code Section 7867 requires that contractors and subcontractors be insured properly for Workers Compensation. o OSHA Contractors and subcontractors are required to abide by the Occupational,Safety and Health laws and regulations that apply to the particular construction project. o Proof of Eligibility/Citizenship The federal prohibition against hiring undocumented workers,and the requirement to secure proof of eligibility/citizenship from all workers,is required. o Itemized Wage Statement Labor Code Section 226 requires that employees be provided with itemized wage statements. CERTIFICATION I acknowledge that I have been informed and am aware ofthe foregoing requirements and that I am authorized to make this certificationonbehalfof _ (COMPANY NAME) I fully understand that failure to comply with any ofthe above requirements may subject me,or my company,to penalties as provided above. Contractor _ Awarding Agency /Labor Compliance Program (SIGNATURE) (SIGNATURE) (DATE) (DATE) Page 22 of 89D-81 ATTACHMENT B Labor Compliance Program Regulations Appendix B Audit Record Worksheets [8 Cal.Code Reg.§16432] •Public Works Investigation Worksheet •Public Works Audit Worksheet •Prevailing Wage Determination Summary Page 23 of89 D-82 DEPT.OF INDUSTRIAL RELATIONS.DMSlON OF LABOR STANDARDS ENFORCEMENT PUBLIC WORKS INVESTIGATION WORKSHEET Amauntllue IIIdOMng case NlIllberEmployerDATEOFFICEDEPUTYsocw.SECURIlY NUMBERIJ;MPlOYEE'S NAMEI I ~~ jj Paooo HOURS OF WORK TOTAL TOTAL ACTUALRATE OTHER TOTAL WAGES Requ!nld OTHER TOTAL ALWNT a PENA\.-~PENAL-TOTAL g.ENDING -Thu -wed -Tue -Man -sun -Sa Fri DAYS HOURS ST eot.flEN.PAlO wage COMPEN-WAGES OUEAND s:nES I TIES TRAlNING~YEAR DATE DATE DATE DATE DATE DATE DATE ~-WORKED OT SATiON Rates SAT10N REQUIRED OMNG I ms_8 1813_FUND i"fAt end ~o ST,OT,DT DT St,Dt..Ol..... cr ;~1-~-'~I I L~I·',--1_'_r----I !I R I I I Rate l I DTH I I Ii!i I I I Rate l I Rate,I Rate l I Rate l I Rate,I Rate,I Rate,I Rate,I stF=F'!I ITulif[I·.,~T---t--t-'l !j--t-I I I I I I'I I I I I I 1 I I I STH·I.-lj-i 8=i I r I 1-=I r I I ~:f-Fi !I 1OTl-J--L_-+I I I I IDTiIIiII STI i "-r-r--~,__1___.~_I r~i!r=HIH==1 II I II I R H I II Hm··!-=-t=f=l=fl·f=r ···-1 r r FIFi-!I I :H-+h-~-l ..~-=r 1 T T =u R 1 I l :8-i=F~·r"~\II I I I I H II I Rate\I I a II Tl=-+·I ~I R I I I ~H I I I i ~~-~r--!-r=il".mm.,I I I I DTI'--j--n----r---H-4=H 1 l I I I I I:I I : I I I~fFH 1=t=1 I r-=r~r 1-I I ~R---I -I 1 'T ST F ··'----'I !'R·····I I ,.........i !I I I.I -,---.....,j • I ~~~=t-~l~T~I f ~I I I I Ii I!I I 1S-+=fffi I J=±:=j I I , I 1 1 U U '....1 I 1ST~·····T-=t=t=L+-8 I I I I I ~j I hi II I Rate II oT·_.__'_.~1 !-I I II 1 I 'I OT 1 .I Ii!!i I I Ia c c c c L c c c L c c L ST hours worked OT hours worked DT hoUrs worked TOTALS PageNo._ D - 8 3 PUBue WORKS AUDIT WORKSHEET TOTAl AMOUNT DUE/OWING EMPLOYER I ARM OEPUTY OFFICE WAGES DUE AND OWING ADDRESS OTY TRANSCRIBER PENALl1ES DUE AND OWING PROJECT AWARDING BODY PRIME AUDIT NUMBER/CASE NUMBER TRAINING FUND DUE/OWING PERIOD HOURS WORKED OTHER TOTAL PREVAlLlNG WAGE REQ.UlRENENTS AMOUNT OWING PENAlTIES Pl!NALTlES TRNG.TOTAL EMPLOYEE CLASSFlCATION WORKED sr.QT.D.T.WAGESPAlD WAGES PAD "OTHER TOTAL WAGES ANDUNPAIO NO.1 NO.2 FUND AMOUNT DUE iJ III CD I\) 0rhtlfolllliNing entries represent the amounts reIed upon for Icalculaii'ng Labor Code 1775 and 1813 penalties. 1nsl IPer Day 1S13PerDay Summary Page 1 D - 8 4 -0 III <C (\) I\) CDa 00co PREVAIUNG WAGE DETERMINATION SUMMARY HOURLY Effective Date RATE Summary WAGE DETERMINATION INFORMATION CODE NO.a.ASSlACA1l0N WAGE DETERMINATION NO. 1 2 a 4 5 6 7 8 9 10 11 12 Page 2 D - 8 5 ATTACHMENT C Labor Compliance Program Regulations Written Acknowledgments [8 Cal.Code Reg.§16434] •Complaint Acknowledgement Letter •Notification of Complaint Letter •Complaint Resolution Letter -No Violation •Complaint Resolution Letter -Violation •Complaint Status Letter •Complaint Review/Litigation Status Letter Page 27 of 89 D-86 City of Rancho Palos Verdes Labor Compliance Program «Date»(Send within 15 days of receipt of complaint) <<Complainant>> <<Address>> <<Address>> Re:Case No: Project: Contract No: Alleged Contractor: Dear «Complainant»: «CASE NUMBER» «PROJECT» «CONTRACT NUMBER» <<CONTRACTOR>> The City of Rancho Palos Verdes has received a prevailing wage complaint,which you filed against «CONTRACTOR»on the above-referenced project.This case has been assigned to «ASSIGNED INVESTIGATOR»,«TITLE»for a preliminary investigation.You will be contacted via certified mail or telephone for an interview,as well as at the conclusion of the preliminary investigation.If you have any questions regarding the investigation or complaint process,please contact «ASSIGNED INVESTIGATOR»at «PHONE NUMBER»or <ADDRESS». Sincerely, «NAME» «TITLE» cc: Certified Mail No(s):«CERTIFIED MAIL NUMBER»fRetum Receipt Requested City of Rancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252'Fax:(310)544-5292 Page 28 of 89 D-87 City of Rancho Palos Verdes Labor Compliance Program «Date»(Send within 15 days of receipt of complaint) «Contractor» <<Address>> <<Address>> Re:Case No: Project: Contract No: Subcontractor (if applicable): Dear «Contractor»: «CASE NUMBER» «PROJECT» «CONTRACT NUMBER» «SUBCONTRACTOR» City of Rancho Palos Verdes has received a prevailing wage complaint(s)against your company (or subcontractor)in the above-referenced project.This case has been assigned to «ASSIGNED INVESTIGATOR»,«TITLE»for a preliminary investigation.You will be contacted via certified mail at the conclusion of the preliminary investigation for an opportunity to review the allegations and any supporting documentations.Following this meeting you will be provided an opportunity to submit mitigating evidence.All evidence will be objectively reviewed prior to reaching a conclusion.Please be advised that the identity of the complaining party(ies)must remain confidential until the conclusion of the investigation.While we are limited in the information we may provide you,If you have any questions regarding the investigation or complaint.process,please contact «ASSIGNED INVESTIGATOR»at «PHONE NUMBER»or «ADDRESS». Sincerely, «PERSON IN CHARGE» «TITLE» cc: Certified Mail No(s):«CERTIFIED MAIL NUMBER»fRetum Receipt Requested City ofRancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252'Fax:(310)544-5292 Page 29 of 89 D-88 City of Rancho Palos Verdes Labor Compliance Program «Date»(Send within 10 days after the complaint is resolved) <<Complainant>> <<Address>> <<Address>> Re:Case No: Project: Contract No: Alleged Contractor: Dear «Complainant»: «CASE NUMBER» «PROJECT» «CONTRACT NUMBER» <<CONTRACTOR>> The City of Rancho Palos Verdes has thoroughly investigated your prevailing wage complaint filed against «CONTRACTOR»on the above-referenced project. «CHOSE THE FOLLOWING RESPONSES» OPTION 1.A thorough investigation was conducted,and City of Rancho Palos Verdes does not have sufficient evidence to support your claim.Therefore,the prevailing wage complaint on the above- mentioned case is closed as of «Date»,without further action. OPTION 2.Based on a review of all available information,City of Rancho Palos Verdes has concluded that your work as a «supervisor/foreman/superintendant»on the projects is not subject to the prevailing wage laws.Accordingly,City of Rancho Palos Verdes will take no further action regarding your complaint. If you have any questions regarding the investigation,please contact me at «PHONE NUMBER»or <<ADDRESS>>. Sincerely, «ASSIGNED INVESTIGATOR» «TITLE» cc: Certified Mail No(s):«CERTIFIED MAIL NUMBER»fRetum Receipt Requested City of Rancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252-Fax:(310)544-5292 Page 30 of89 D-89 City of Rancho Palos Verdes Labor Compliance Program «Date»(send within ten days after the complaint has been resolved) «Complainant» <<Address>> <<Address>> RE:Case No.: Project: Contract No.: Alleged Contractor: «Case No.» «Project» «Contract No.» «Name» Dear «Complainant»: The City of Rancho Palos Verdes has completed its investigation on the above-referenced audit and is holding your cashier's check in the amount of $«Amount».Upon receipt of this letter,you must come to the address listed below between the hours of 8:30 a.m.and 4:00 p.m.,Monday through Friday, by «DATE»: City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275-5391 PLEASE COME PREPARED TO PROVIDE VALID IDENTIFICATION (CALIFORNIA DRIVER LICENSE)AND A SOCIAL SECURITY CARD. If you are unable to come to the above office within the specified time frame,please sign the attached Receipt,photocopy of a valid identification,social security card and mail them to the attention of <<INVESIGATOR NAME»at the above address.Your cashier's check will then be sent to you via Certified Mail.This option is offered as a convenience only,and in no way guarantees delivery of back wages.For a guarantee receipt of wages,you must pick up your cashier's check in person. If you do not contact this office by «DATE»,we will forward your check to the State Labor Commissioner's office.If there are further questions regarding this matter,please contact me at «PHONE NUMBER ». Sincerely, «INVESTIGATOR NAME» «TInE» cc: City ofRancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252'Fax:(310)544-5292 Page 31 of 89 D-90 To:Attn:«Investigador Name» City ofRancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275-5391 Case No.: Project: Contract No.: Alleged Contractor: «Case No.» «Project» «Contract No.» «Name> I,-,--"would like to have the cashier's check mail to the following address: Print Name Enclosed are copies of my valid Identification and Social Security cards.I understand that this option was offered to me as a convenience only,and in no way guarantees delivery of the check.For a guarantee receipt of back wages,I must pick up the cashier's check in person. Signature Social Security Number Date Yo -:--:-_:--solicito que por favor me envien por correo el cheque Nombre de cajero a la siguiente direccion: Adjunto envio copias de mi tarjeta valida de identificacion y tarjeta del seguro social.Yo entiendo que esta opcion se me ofrece para mi conveniencia solamente y que no me garantiza la entrega del cheque.Para asurarme de recibir mi dinero,debo de recogerlo personalmente. Firma Numero de Seguro Social Fecha Page 32 of 89 D-91 City of Rancho Palos Verdes Labor Compliance Program «Date»(Send at least once every 30 days for a complaint that hasn't been resolved) <<Complainant>> <<Address>> <<Address>> Re:Case No: Project: Contract No: Alleged Contractor: Dear «Complainant»: <<CASE NUMBER>> «PROJECT» «CONTRACT NUMBER» <<CONTRACTOR>> The City of Rancho Palos Verdes would like to provide an update on your received prevailing wage complaint against «CONTRACTOR»on the above-referenced project. This case is currently «ENTER STATUS» If you have any questions regarding the investigation or complaint process,please contact me at «PHONE NUMBER»or «ADDRESS». Sincerely, «ASSIGNED INVESTIGATOR» «TITLE» cc: Certified Mail No(s):«CERTIFIED MAIL NUMBER»fRetum Receipt Requested City of Rancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252·Fax:(310)544-5292 Page 33 of89 D-92 City of Rancho Palos Verdes Labor Compliance Program «Date»(Send at least once every 90 days that has been resolved by the LCP but remains under review by another entity), <<Complainant>> <<Address>> <<Address>> Re:Case No: Project: Contract No: Alleged Contractor: Dear «Complainant»: «CASE NUMBER» «PROJECT» «CONTRACT NUMBER» <<CONTRACTOR>> The City of Rancho Palos Verdes would like to prOVide an update on your received prevailing wage complaint against <<CONTRACTOR>>on the above-referenced project.This case has been submitted for «REVIEW or LITIGATION»before «NAME of ORGANIZATION». This current status of the «REVIEW or LITIGATION »is «ENTER STATUS» If you have any questions regarding the investigation or complaint process,please contact me at «PHONE NUMBER»or «ADDRESS». Sincerely, <<ASSIGNED INVESTIGATOR>> «TITLE» cc: Certified Mail No(s):«CERTIFIED MAIL NUMBER»fRetum Receipt Requested City ofRancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252'Fax:(310)544-5292 Page 34 of 89 D-93 ATTACHMENT D Suggested Single Project Labor Compliance Review and Enforcement Report Form [Appendix C following 8 CCR §16434] Awarding Body: Project Name: Name of Approved Labor Compliance Program: Bid Advertisement Date: Acceptance Date: Notice of Completion Recordation Date: Summary of Labor Compliance Activities 1.Contract Documents Containing Prevailing Wage Requirements (Identify) 2.Prejob Conference(s)--Attach list(s)of attendees and dates 3.Notification to Project Workers of Labor Compliance Program's Contact Person.(Explain Manner of Notification for each project work site.) 4.Certified Payroll Record Review a.CPRs Received From: Contractor/Subcontractor For weeks ending ("w/e")through w/e Page 35 of 89 D-94 b.Classifications identified in CPRs and applicable Prevailing Wage Determinations Classification Determination No. 5.Further investigation or audit due to CPR review,information or complaint from worker or other interested person,or other reason: a.Independent Confirmation of CPR Data Contractor/Subcontractor Worker Interviews (YeslNo) Reconciled CPRs with Pay- checks or Stubs (YeslNo) b.Employer Payments (Health &Welfare,Pension,VacationIHoliday)Confirmation Contractor/Subcontractor Recipients of Employer Payments Written confirmation Obtained (YeslNo) c.Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Contractor/Subcontractor Recipients of Contributions Written confirmation Obtained (YeslNo) Page 36 of 89 D-95 d.Additional Wage Payments or Training Fund Contributions Resulting from Review of CPRs Contractor/Subcontractor Additional amounts Paid to Workers Additional Training Fund Expla- nation * * * * *Use separate page(s)for explanation 6.Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Complainant Date Received Resolution or Current Status * * * * *Use separate page(s)to explain resolution or current status 7.Requests for Approval of Forfeiture to Labor Commissioner Contractor/S ubcontractor Date of Request Approved/Modified/Denied 8.Litigation Pending Under Labor Code Section 1742 Contractor/Subcontractor DIR Case Number 9.(Check one):___Final report this project ___Annual report this project Authorized Representative for Labor Compliance Program Page 37 of89 D-96 ATTACHMENT E City of Rancho Palos Verdes Labor Compliance Department 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252 Fax:(310)544-5292 Date:Case or Contract No.: NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body:I Work perfonned in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code §1771.5(b)(5)and 8 CCR §16435,contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: o The following payroll records are delinquent (specify weeks and due dates): o The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR §16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information,including appeal rights. Labor Compliance Officer Page 38 of 89 D-97 Prime Contractor Obligations:If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor's payroll records,you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review -,Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code §1742.The only issue in any such review proceeding is whether the specified payroll records are in fact delinquent or inadequate within the meaning of8 CCR §16435 or whether the Labor Compliance Program has exceeded its authority under 8 CCR §16435.To obtain an expedited hearing,a written request must be transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations,as follows: [Name of Labor Compliance Officer, address,and fax number] Office of the Director -Legal Unit Attention:Lead Hearing Officer Expedited Hearing Request Fax to:(415)703-4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment.The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. Important Additional Information:This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only.This is not a determination of liability for wages or penalties under Labor Code §§1775 and 1776 or any other statute.Contract payments cannot continue to be withheld pursuant to this notice,once the required records have been produced.However,the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if,upon investigation,a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law.Awarding bodies,labor compliance programs,and contractors may have other rights or responsibilities under federal or local law,where applicable,and may also have additional rights or remedies under the public works contract. Page 39 of 89 D-98 Enclosure -text of8 CCR §16435 §1643S.Withholding Contract Payments When Payroll Records are Delinquent or Inadequate. (a)"Withhold"means to cease payments by the Awarding Body,or others who pay on its behalf,or agents,to the general contractor.Where the violation is by a subcontractor,the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. (b)"Contracts."Except as otherwise provided by agreement,only contracts under a single master contract, including a Design-Build contract,or contracts·entered into as stages of a single project,may be the subject of withholding. (c)"Delinquent payroll records"means those not submitted on the date set in the contract. (d)"Inadequate payroll records"are anyone of the following: (l)A record -lacking any of the information required by Labor Code Section 1776; (2)A record which contains all of the required information but is not certified,or is certified by someone who is not an agent of the contractor or subcontractor; (3)A record remaining uncorrected for one payroll period after the Labor Compliance Program has given the contractor or subcontractor notice of inaccuracies detected by audit or record review.However,prompt correction will stop any duty to withhold if such inaccuracies do not amount to one (1)percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll,as defined in Labor Code Section 1776 and section 16401 of Title 8 of the California Code of Regulations. (e)The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5),and it does not require the prior approval of the Labor Commissioner.The Awarding Body shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate,plus any additional amount that the Labor Compliance Program has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate;provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. (f)When contract payments are withheld under this section,the Labor Compliance Program shall provide the contractor and subcontractor,if applicable,with immediate written notice that includes all of the following:(1)a statement that payments are being withheld due to delinquent or inadequate payroll records,and that identifies what records are missing or states why records that have been submitted are deemed inadequate;(2)specifies the amount being withheld;and (3)informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742,limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance Program has exceeded its authority under this section. (g)No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. (h)In addition to withholding contract payments based on delinquent or inadequate payroll records,penalties shall be assessed under Labor Code Section 1776(g)for failure to timely comply with a written request for certified payroll records.The assessment of penalties under Labor Code Section 1776(g)does require the prior approval of the Labor Commissioner under section 16436 of these regulations. Page 40 of 89 D-99 ATTACHMENT F REQUEST FOR APPROVAL OF FORFEITURE --Suggested format 1.AWARDING BODY LCP: Name and Contact Information: «NAME» City of Rancho Palos Verdes Director of Public Works Labor Compliance Department 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275-5391 Telephone:(310)544-5252-Fax:(310)544-5292 2.PROJECT INFORMATION: Date of Request: Project Name:Contract Number: Project Location: Bid Advertisement Dates:Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Notice of Completion/Date Recorded with County Body:Recorder: Other Relevant Deadline (specify):Amount being held in Retention: 3.CONTRACTOR INFORMATION: Name and address of Affected Contractor:Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 1 Page 41 of 89 D-100 4.LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due:Training Funds Total Penalties Due:Potential Liquidated Damages Due:[Wages +Training Funds]: LC 1775 Penalties Due:LC 1813 Penalties LC 1776 Penalties Due:Other: Due: [Provide narrative summaries covering the following]: A.Statement ofIssues. B.Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations,reviewing certified payroll records,verification of employer payment contributions,etc.). C.Audit Report (detailed explanation ofhow audit was completed addressing each ofthe issues above). D.Affected contractor and subcontractor information (how affected contractor and subcontractor were informed ofpotential violations;summary oftheir response with respect to violations and penalty issues; and any other iriformation considered in determining recommended penalties). E.Recommended penalties under Labor Code Section 1775(a)and basis for recommendation, including how factors in subsection (a)(2)ofSection 1775 were applied to arrive at the recommended amount(s). ATTACHMENTS 1.Audit Summary (Appendix B) 2.1st Bid Advertisement Publication 3.Notice of Completion 4.Scope of Work 5.Complaint form(s)and Declarations,if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau ofField Enforcement Attn.:Regional Manager 300 Oceangate Blvd.,No.850 Long Beach,CA 90802 COPIES OF THIS REQUEST,INCLUDING ALL ATTACHMENTS,SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. Page 42 of 89 D-101 ATTACHMENT G Labor Compliance Program City of Rancho Palos Verdes (Send by both first class and certified Director of Public Works mail to the affected contractor and Labor Compliance Department subcontractor,if applicable,and by 30940 Hawthorne Blvd.certified mail to the bonding Rancho Palos Verdes,CA 90275-5391 company) Telephone:(310)544-5252-Fax:(310)544-5292 Date:In Reply Refer to Case No.: Notice of Withholding of Contract Payments Awarding Body City of Rancho Palos Verdes 'Work Perfonned in County of Los Angeles Project Name 'Project No. Prime Contractor Subcontractor After an investigation concerning the payment ofwages to workers employed in the execution ofthe contract for the above-named public works project,the Labor Compliance Program for The City of Rancho Palos Verdes has determined that violations ofthe California Labor Code have been committed by the contractor and/or subcontractor identified above.In accordance with Labor Code sections 1771.5 and 1771.6,the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: The Labor Compliance Program has determined that the total amount of wages due IS: $------- The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code sections 1775 and 1813 is:$-------- The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code section 1776 is:$-------- LABOR COMPLIANCE PROGRAM By:---------------- Page 43 of 89 D-102 Notice of Right to Obtain Review -Formal Hearing In accordance with Labor Code sections 1742 and 1771.6,an affected contractor or subcontractor may obtain review ofthis Notice ofWithholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service ofthe notice.To obtain a hearing,a written Request for Review must be transmitted to the following address: Review Office-Notice of Withholding of Contract Payments: Labor Compliance Program City of Rancho Palos Verdes Director of Public Works Labor Compliance Department 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275-5391 A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought,including the date of the notice,or it shall include a copy of the notice as an attachment,and shall also set forth the basis upon which the notice is being contested.In accordance with Labor Code section 1742,the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor,and which shall also be binding,with respect to the amount due,on a bonding company issuing a bond that secures the payment of wages and a surety on a bond.Labor Code section 1743. In accordance with Labor Code section 1742(d),a certified copy of a final order may be filed by the Labor Commissioner in the office ofthe clerk ofthe superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business.The clerk,immediately upon the filing,shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) Page 44 of 89 D-103 Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1 (b),the Labor Compliance Program shall,upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments,afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding the notice.The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review.No evidence of anything said or any admission made for the purpose of,in the course of,or pursuant to,the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding.No writing prepared for the purpose of,in the course of,or pursuant to,the settlement meeting,other than a final settlement agreement,is admissible or subject to discovery in any administrative or civil proceeding.This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing,an~a settlement meeting may be requested even if a written Request for Review has already been made.Requesting a settlement meeting,however,does not extend the 60-day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to The City of Rancho Palos Verdes at the following address: Labor Compliance Program City of Rancho Palos Verdes Director of Public Works Labor Compliance Department 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275-5391 Liquidated Damages In accordance with Labor Code section 1742.1,after 60 days following the service of this Notice of Withholding of Contract Payments,the affected contractor,subcontractor,and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages,or portion thereof that still remain unpaid.If the notice subsequently is overturned or modified after administrative or judicial review,liquidated damages shall be payable only on the wages found to be due and unpaid.Ifthe contractor or subcontractor demonstrates to the satisfaction of the Director ofthe Department ofIndustrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error,the Director shall waive payment of the liquidated damages. The Amount of Liquidated Damages Available Under this Notice is $._ Distribution: Prime Contractor Subcontractor Surety(s)on Bond Attach: Audit Summary Proof of Service Page 45 of 89 D-104 LABOR COMPLIANCE PROGRAM Review Office -Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date:In Reply Refer to Case No.: Notice of Transmittal To:Department ofIndustrial Relations Office of the Director-Legal Unit Attention:Lead Hearing Officer P.O.Box 420603 San Francisco,CA 94142-0603 Enclosed herewith please find a Request for Review,dated ,postmarked _________"and received by this office on _ Also enclosed please find the following: Copy of Notice of Withholding of Contract Payments Copy of Audit Summary LABOR COMPLIANCE PROGRAM By:_ cc:Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated.Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8,California Code of Regulations sections 17201-17270.These hearings are not governed by Chapter 5 of the Government Code,commencing with section 11500. Page 46 of 89 D-105 LABOR COMPLIANCE PROGRAM Review Office -Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date:In Reply Refer to Case No.: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To:Prime Contractor Subcontractor Please be advised that this office has received your Request for Review,dated _ and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No._ In accordance with Labor Code section 1742(b),this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review,and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a)Within ten (l0)days following its receipt of a Request for Review,the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. (b)An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (l)gives the affected contractor or subcontractor the option at said party's own expense to either (i)obtain copies of all such evidence through a commercial copying service or (ii)inspect and copy such evidence at the office of the Enforcing Agency during normal business Page 47 of89 D-106 hours;or if (2)the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c)The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present,either in person at the hearing or by declaration or affidavit.This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose'identities are disclosed within the written materials made available under subpart (a). (d)The Enforcing Agency shall make evidence available for review as specified in subparts (a)through (c)within 20 days of its receipt of the Request for Review; provided that,this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code section 1742(b)and this Rule,shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e)This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a)through (d),provided that,such evidence is promptly disclosed to the affected contractor or subcontractor.This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding.@ In accordance with the above Rule,please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice,please transmit the attached Request to Review Evidence to the following address: Attention:_ Page 48 of 89D-107 Request to Review Evidence To: From:-------------- Regarding Notice of Withholding of Contract Payments Dated _ Our Case No.:-------- The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. Phone No.:_ Fax No.:_ Page 49 of89 D-108 ATTACHMENT J LABOR CODE SECTION 1720-1861 Section 1720. (a)As used in this chapter,"public works"means: (1)Construction,alteration,demolition,installation,or repair work done under contract and paid for in whole or in part out of public funds,except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority.For purposes of this paragraph,"construction"includes work performed during the design and preconstruction phases of construction including,but not limited to,inspection and land surveying work. (2)Work done for irrigation,utility,reclamation,and improvement districts,and other districts of this type."Public work"does not include the operation of the irrigation or drainage system of any irrigation or reclamation district, except as used in Section 1778 relating to retaining wages. (3)Street,.sewer,or other improvement work done under the direction and supervision or by the authority of any officer or public body of the state,or of any political subdivision or district thereof,whether the political subdivision or district operates under a freeholder's charter or not. (4)The laying of carpet done under a building lease-maintenance contract and paid for out of public funds. (5)The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds. (6)Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code. (b)For purposes ofthis section,"paid for in whole or in part out of public funds"means all ofthe following: (1)The payment of money or the equivalent of money by the state or political subdivision directly to or on behalf of the public works contractor,subcontractor,or developer. (2)Performance of construction work by the state or political subdivision in execution of the project. (3)Transfer by the state or political subdivision of an asset of value for less than fair market price. (4)Fees,costs,rents,insurance or bond premiums,loans,interest rates,or other obligations that would normally be required in the execution of the contract,that are paid,reduced,charged at less than fair market value,waived,or forgiven by the state or political subdivision. (5)Money loaned by the state or political subdivision that is to be repaid on a contingent basis. (6)Credits that are applied by the state or political subdivision against repayment obligations to the state or political subdivision. (c)Notwithstanding subdivision (b): (1)Private residential projects built on private property are not subject to the requirements of this chapter unless the projects are built pursuant to an agreement with a state agency,redevelopment agency,or local public housing authority. (2)Ifthe state or a political subdivision requires a private developer to perform construction,alteration,demolition, installation,or repair work on a public work of improvement as a condition of regulatory approval of an otherwise Page 50 of 89 D-109 private development project,and the state or political subdivision contributes no more money,or the equivalent of money,to the overall project than is required to perform this public improvement work,and the state or political subdivision maintains no proprietary interest in the overall project,then only the public improvement work shall thereby become subject to this chapter. (3)Ifthe state or a political subdivision reimburses a private developer for costs that would normally be borne by the public,or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context ofthe project,an otherwise private development project shall not thereby become subject to the requirements of this chapter. (4)The construction or rehabilitation of affordable housing units for low-or moderate-income persons pursuant to paragraph (5)or (7)of subdivision (e)of Section 33334.2 ofthe Health and Safety Code that are paid for solely with moneys from a Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public funds. (5)"Paid for in whole or in part out of public funds"does not include tax credits provided pursuant to Section 17053.49.or 23649 of the Revenue and Taxation Code. (6)Unless otherwise required by a public funding program,the construction or rehabilitation of privately owned residential projects is not subject to the requirements ofthis chapter if one or more of the following conditions are met: (A)The project is a self-help housing project in which no fewer than 500 hours of construction work associated with the homes are to be performed by the homebuyers. (B)The project consists of rehabilitation or expansion work associated with a facility operated on a not-for-profit basis as temporary or transitional housing for homeless persons with a total project cost ofless than twenty-five thousand dollars ($25,000). (C)Assistance is provided to a household as either mortgage assistance,downpayment assistance,or for the rehabilitation of a single-family home. (D)The proj ect consists of new construction,or expansion,or rehabilitation work associated with a facility developed by a nonprofit organization to be operated on a not-for-profit basis to provide emergency or transitional shelter and ancillary services and assistance to homeless adults and children.The nonprofit organization operating the project shall provide,at no profit,not less than 50 percent ofthe total project cost from nonpublic sources, excluding real property that is transferred or leased.Total project cost includes the value of donated labor,materials, architectural,and engineering services. (E)The public participation in the project that would otherwise meet the criteria of subdivision (b)is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent ofthe units is restricted for at least 20 years,by deed or regulatory agreement,to individuals or families earning no more than 80 percent of the area median income. (d)Notwithstanding any provision ofthis section to the contrary,the following projects shall not,solely by reason of this section,be subject to the requirements ofthis chapter: (1)Qualified residential rental projects,as defined by Section 142 (d)of the Internal Revenue Code,financed in whole or in part through the issuance of bonds that receive allocation of a portion ofthe state ceiling pursuant to Chapter 11.8 ofDivision 1 (commencing with Section 8869.80)ofthe Government Code on or before December 31, 2003. (2)Single-family residential projects financed in whole or in part through the issuance of qualified mortgage revenue bonds or qualified veterans'mortgage bonds,as defined by Section 143 of the Internal Revenue Code,or Page 51 of 89 D-110 with mortgage credit certificates under a Qualified Mortgage Credit Certificate Program,as defined by Section 25 of the Internal Revenue Code,that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 of Division 1 (commencing with Section 8869.80)of the Government Code on or before December 31,2003. (3)Low-income housing projects that are allocated federal or state low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code,Chapter 3.6 of Division 31 (commencing with Section 50199.4)of the Health and Safety Code,or Section 12206,17058,or 23610.5 ofthe Revenue and Taxation Code,on or before December 31,2003. (e)Ifa statute,other than this section,or a regulation,other than a regulation adopted pursuant to this section,or an ordinance or a contract applies this chapter to a project,the exclusions set forth in subdivision (d)do not apply to that project. (f)For purposes of this section,references to the Internal Revenue Code mean the Internal Revenue Code of 1986, as amended,and include the corresponding predecessor sections ofthe Internal Revenue Code of 1954,as amended. (g)The amendments made to this section by either Chapter 938 of the Statutes of2001 or the act adding this subdivision shall not be construed to preempt local ordinances requiring the payment of prevailing wages on housing projects. Section 1720.2. For the limited purposes of Article 2 (commencing with Section 1770)of this chapter,"public works"also means any construction work done under private contract when all of the following conditions exist: (a)The construction contract is between private persons. (b)The property subject to the construction contract is privately owned,but upon completion of the construction work,more than 50 percent of the assignable square feet of the property is leased to the state or a political subdivision for its use. (c)Either ofthe following conditions exist: (1)The lease agreement between the lessor and the state or political subdivision,as lessee,was entered into prior to the construction contract. (2)The construction work is performed according to plans,specifications,or criteria furnished by the state or political subdivision,and the lease agreement between the lessor and the state or political subdivision,as lessee,is entered into during,or upon completion of,the construction work. Section 1720.3. (a)For the limited purposes of Article 2 (commencing with Section 1770),"public works"also means the hauling of refuse from a public works site to an outside disposal location,with respect to contracts involving any state agency, including the California State University and the University of California,or any political subdivision of the state. (b)For purposes of this section,the "hauling of refuse"includes,but is not limited to,hauling soil,sand,gravel, rocks,concrete,asphalt,excavation materials,and construction debris.The "hauling of refuse"shall not include the hauling of recyclable metals such as copper,steel,and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. Section 1720.4. (a)This chapter shall not apply to any of the following work: Page 52 of 89 D-111 (1)Any work performed by a volunteer.For purposes of this section,"volunteer"means an individual who performs work for civic,charitable,or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3)ofthe Internal Revenue Code as a tax-exempt organization,without promise,expectation,or receipt of any compensation for work performed. (A)An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion,direct or implied,from an employer. (B)An individual may receive reasonable meals,lodging,transportation,and incidental expenses or nominal nonmonetary awards without losing volunteer status if,in the entire context of the situation,those benefits and payments are not a substitute form of compensation for work performed. (C)An individual shall not be considered a volunteer ifthe person is otherwise employed for compensation at any time (i)in the construction,alteration,demolition,installation,repair,or maintenance work on the same project,or (ii)by a contractor,other than a corporation qualified under Section 501(c)(3)of the Internal Revenue Code as a tax- exempt organization,that receives payment to perform construction,alteration,demolition,installation,repair,or maintenance work on the same project. (2)Any work performed by a volunteer coordinator.For purposes of this section,"volunteer coordinator"means an individual paid by a corporation qualified under Section 501(c)(3)of the Internal Revenue Code as a tax-exempt organization,to oversee or supervise volunteers.An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers,so long as the individual's primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work. (3)Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 ofthe Public Resources Code. (b)This section shall apply retroactively to otherwise covered work concluded on or after January 1,2002,to the extent permitted by law. (c)This section shall remain in effect only until January 1,2017,and as ofthat date is repealed,unless a later enacted statute,which is enacted before January 1,2017,deletes or extends that date. Section 1720.6. For the limited purposes of Article 2 (commencing with Section 1770)ofthis chapter,"public work"also means any construction,alteration,demolition,installation,or repair work done under private contract when the following conditions exist: (a)The work is performed in connection with the construction or maintenance of renewable energy generating capacity or energy efficiency improvements. (b)The work is performed on the property of the state or a political subdivision of the state. (c)Either of the following conditions exists: (1)More than 50 percent ofthe energy generated is purchased or will be purchased by the state or a political subdivision of the state. (2)The energy efficiency improvements are primarily intended to reduce energy costs that would otherwise be incurred by the state or a political subdivision ofthe state. Section 1721. Page 53 of 89 D-112 "Political subdivision"includes any county,city,district,public housing authority,or public agency of the state,and assessment or improvement districts. Section 1722. "Awarding body"or "body awarding the contract"means department,board,authority,officer or agent awarding a contract for public work. Section 1722.1. For the purposes of this chapter,"contractor"and "subcontractor"include a contractor,subcontractor,licensee, officer,agent,or representative thereof,acting in that capacity,when working on public works pursuant to this article and Article 2 (commencing with Section 1770). Section 1723. "Worker"includes laborer,worker,or mechanic. Section 1724. "Locality in which public work is performed"means the county in which the public work is done in cases in which the contract is awarded by the State,and means the limits of the political subdivision on whose behalfthe contract is awarded in other cases. Section 1725. "Alien"means any person who is not a born or fully naturalized citizen of the United States. Section 1726. (a)The body awarding the contract for public work shall take cognizance of violations of this chapter committed in the course ofthe execution of the contract,and shall promptly report any suspected violations to the Labor Commissioner. (b)If the awarding body determines as a result of its own investigation that there has been a violation of this chapter and withholds contract payments,the procedures in Section 1771.6 shall be followed. (c)A contractor may bring an action in a court of competent jurisdiction to recover from an awarding body the difference between the wages actually paid to an employee and the wages that were required to be paid to an employee under this chapter,any penalties required to be paid under this chapter,and costs and attorney's fees related to this action,if either of the following is true: (1)The awarding body previously affirmatively represented to the contractor in writing,in the call for bids,or otherwise,that the work to be covered by the bid or contract was not a "public work,"as defined in this chapter. (2)The awarding body received actual written notice from the Department ofIndustrial Relations that the work to be covered by the bid or contract is a "public work,"as defined in this chapter,and failed to disclose that information to the contractor before the bid opening or awarding of the contract. Section 1727. (a)Before making payments to the contractor of money due under a contract for public work,the awarding body shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner under this chapter.The amounts required to satisfy a civil wage and penalty assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. Page 54 of 89 D-113 (b)If the awarding body has not retained sufficient money under the contract to satisfy a civil wage and penalty assessment based on a subcontractor's violations,the contractor shall,upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy the assessment and transfer the money to the awarding body.These amounts shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. Section 1728. In cases of contracts with assessment or improvement districts where full payment is made in the form of a single warrant,or other evidence of full payment,after completion and acceptance of the work,the awarding body shall accept from the contractor in cash a sum equal to,and in lieu of,any amount required to be withheld,retained,or forfeited under the provisions of this section,and said awarding body shall then release the final warrant or payment in full. Section 1729. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awardfng body on account ofthe subcontractor's failure to comply with the terms of this chapter,and if payment has already been made to the subcontractor the contractor may recover from him the amount of the penalty or forfeiture in a suit at law. Section 1734. Any court collecting any fines or penalties under the criminal provisions of this chapter or any of the labor laws pertaining to public works shall as soon as practicable after the receipt thereof deposit same with the county treasurer ofthe county in which such court is situated.Amounts so deposited shall be paid at least once a month by warrant of the county auditor drawn upon requisition of the judge or clerk of said court,to the State Treasurer for deposit in the·General Fund. Section 1735. A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a)of Section 12940 of the Government Code,as those bases are defined in Sections 12926 and 12926.1 of the Government Code,except as otherwise provided in Section 12940 of the Government Code.Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. Section 1736. During any investigation conducted under this part,the Division of Labor Standards Enforcement shall keep confidential the name of any employee who reports a violation of this chapter and any other information that may identify the employee. Section 1740. Notwithstanding any other provision of this chapter or any other law ofthis State,except limitations imposed by the Constitution,the legislative body of a political subdivision which has received or is to receive a loan or grant of funds from the Federal Government or a federal department or agency for public works ofthat political subdivision, may provide in its call for bids in connection with such public works that all bid specifications and contracts and other procedures in connection with bids or contracts shall be subject to modification to comply with revisions in federal minimum wage schedules without the necessity of republication or duplication of other formal statutory requirements. Section 1741. (a)If the Labor Commissioner or his or her designee determines after an investigation that there has been a violation of this chapter,the Labor Commissioner shall with reasonable promptness issue a civil wage and penalty assessment Page 55 of 89 D-114 to the contractor or subcontractor or both.The assessment shall be in writing and shall describe the nature ofthe violation and the amount of wages,penalties,and forfeitures due and shall include the basis for the assessment.The assessment shall be served not later than 180 days after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed,or not later than 180 days after acceptance of the public work,whichever occurs last.However,if the assessment is served after the expiration of this 180-day period,but before the expiration of an additional 180 days,and the awarding body has not yet made full payment to the contractor,the assessment is valid up to the amount of the funds retained. Service of the assessment shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor,subcontractor,and awarding body.The assessment shall advise the contractor and subcontractor of the procedure for obtaining review of the assessment.The Labor Commissioner shall,to the extent practicable,ascertain the identity of any bonding company issuing a bond that secures the payment of wages covered by the assessment and any surety on a bond,and shall serve a copy of the assessment by certified mail to the bonding company or surety at the same time service is made to the contractor,subcontractor,and awarding body. However,no bonding company or surety shall be relieved of its responsibilities because it failed to receive notice from the Labor Commissioner. (b)Interest shall accrue on all due and unpaid wages at the rate described in subdivision (b)of Section 3289 of the Civil Code.The interest shall accrue from the date that the wages were due and payable,as provided in Part 7 (commencing with Section 1720)of Division 2,until the wages are paid. (c)(l)The Labor Commissioner shall maintain a public list of the names of each contractor and subcontractor who has been found to have committed a willful violation of Section 1775 or to whom a final order,which is no longer subject to judicial review,has been issued. (2)The list shall include the date of each assessment,the amount of wages and penalties assessed,and the amount collected. (3)The list shall be updated at least quarterly,and the contractor's or subcontractor's name shall remain on that list until the assessment is satisfied,or for a period of three years beginning from the date ofthe issuance ofthe assessment,whichever is later. Section 1742. (a)An affected contractor or subcontractor may obtain review of a civil wage and penalty assessment under this chapter by transmitting a written request to the office of the Labor Commissioner that appears on the assessment within 60 days after service of the assessment.Uno hearing is requested within 60 days after service of the assessment,the assessment shall become final. (b)Upon receipt of a timely request,a hearing shall be commenced within 90 days before the director,who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to subdivision (b)of Section 11502 of the Government Code.The appointed hearing officer shall be an employee of the department,but shall not be an employee of the Division of Labor Standards Enforcement.The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the receipt ofthe written request for a hearing.Any evidence obtained by the Labor Commissioner subsequent to the 20-day cutoff shall be promptly disclosed to the contractor or subcontractor.The contractor or subcontractor shall have the burden of proving that the basis for the civil wage and penalty assessment is incorrect.The assessment shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing.Within 45 days ofthe conclusion ofthe hearing,the director shall issue a written decision affirming,modifying,or dismissing the assessment.The decision ofthe director shall consist of a notice of findings, findings,and an order.This decision shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the Labor Commissioner.Within 15 days ofthe issuance ofthe decision,the director may reconsider or modify the decision to correct an error,except that a clerical error may be corrected at any time.The director shall adopt regulations setting forth procedures for hearings under this subdivision. (c)An affected contractor or subcontractor may obtain review of the decision ofthe director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within Page 56 of 89 D-115 45 days after service of the decision.Ifno petition for writ of mandate is filed within 45 days after service of the decision,the order shall become final.If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence,abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light ofthe whole record. (d)A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk,immediately upon the filing,shall enter judgment for the state against the person assessed in the amount shown on the certified order.' (e)A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to this section. (f)An awarding body that has withheld funds in response to a civil wage and penalty assessment under this chapter shall,upon receipt of a certified copy of a final order that is no longer subject to judicial review,promptly transmit the withheld funds,up to the amount ofthe certified order,to the Labor Commissioner. (g)This section shall provide the exclusive method for review of a civil wage and penalty assessment by the Labor Commissioner under this chapter or the decision of an awarding body to withhold contract payments pursuant to Section 1771.5. Section 1742.1. (a)After 60 days following the service ofa civil wage and penalty assessment under Section 1741 or a notice of withholding under subdivision (a)of Section 1771.6,the affected contractor,subcontractor,and surety on a bond or bonds issued to secure the payment of wages covered by the assessment or notice shall be liable for liquidated damages in an amount equal to the wages,or portion thereof,that still remain unpaid.Ifthe assessment or notice subsequently is overturned or modified after administrative or judicial review,liquidated damages shall be payable only on the wages found to be due and unpaid.Additionally,if the contractor or subcontractor demonstrates to the satisfaction ofthe director that he or she had substantial grounds for appealing the assessment or notice with respect to a portion of the unpaid wages covered by the assessment or notice,the director may exercise his or her discretion to waive payment of the liquidated damages with respect to that portion ofthe unpaid wages.Any liquidated damages shall be distributed to the employee along with the unpaid wages.Section 203.5 shall not apply to claims for prevailing wages under this chapter. (b)Notwithstanding subdivision (a),there shall be no liability for liquidated damages ifthe full amount of the assessment or notice,including penalties,has been deposited with the Department ofIndustrial Relations,within 60 days following service of the assessment or notice,for the department to hold in escrow pending administrative and judicial review.The department shall release such funds,plus any interest earned,at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. (c)The Labor Commissioner shall,upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of a civil wage and penalty assessment under Section 1741,afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment without the need for formal proceedings.The awarding body shall,upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of a notice of withholding under subdivision (a)of Section 1771.6,afford the contractor or subcontractor the opportunity to meet with the designee of the awarding body to attempt to settle a dispute regarding the notice without the need for formal proceedings.The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking administrative review.No evidence of anything said or any admission made for the purpose of,in the course of,or pursuant to,the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding.No writing prepared for the purpose of,in the course of,or pursuant to,the settlement meeting,other than a final settlement agreement,is admissible or subject to discovery in any administrative or civil proceeding.The assessment or notice shall advise the contractor or subcontractor of the opportunity to request a settlement meeting. Page 57 of 89 D-116 (d)This section shall become operative on January 1,2007. Section 1743. (a)The contractor and subcontractor shall be jointly and severally liable for all amounts due pursuant to a final order under this chapter or a judgment thereon.The Labor Commissioner shall first exhaust all reasonable remedies to collect the amount due from the subcontractor before pursuing the claim against the contractor. (b)From the amount collected,the wage claim shall be satisfied prior to the amount being applied to penalties.If insufficient money is recovered to pay each worker in full,the money shall be prorated among all workers. (c)Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section 96.7.Penalties shall be paid into the General Fund. (d)A final order under this chapter or a judgment thereon shall be binding,with respect to the amount found to be due,on a bonding company issuing a bond that secures the payment of wages and a surety on a bond.The limitations period of any action on a payment bond shall be tolled pending a final order that is no longer subject to judicial review. Article 1.5.Right of Action Section 1750. (a)(1)The second lowest bidder,and any person,firm,association,trust,partnership,labor organization, corporation,or other legal entity which has,prior to the letting of the bids on the public works project in question, entered into a contract with the second lowest bidder,that suffers damage as a proximate result of a competitive bid for a public works project,as defined in subdivision (b),not being accepted due to the successful bidder's violation, as evidenced by the conviction ofthe successful bidder therefor,of any provision of Division 4 (commencing with Section 3200)or of the Unemployment Insurance Code,may bring an action for damages in the appropriate state court against the violating person or legal entity. (2)There shall be a rebuttable presumption that a successful bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200)of this code or of the Unemployment Insurance Code,or of both,was awarded the bid because that successful bidder was able to lower the bid due to this violation or these violations occurring on the contract for public work awarded by the public agency. (b)For purposes of this article: (1)"Public works project"means the construction,repair,remodeling,alteration,conversion,modernization, improvement,rehabilitation,replacement,or renovation of a public building or structure. (2)"Second lowest bidder"means the second lowest qualified bidder deemed responsive by the public agency awarding the contract for public work. (3)The "second lowest bidder"and the "successful bidder"may include any person,firm,association,corporation, or other legal entity. (c)In an action brought pursuant to this section,the court may award costs and reasonable attorney's fees,in an amount to be determined in the court's discretion,to the prevailing party. (d)For purposes of an action brought pursuant to this section,employee status shall be determined pursuant to Division 4 (commencing with Section 3200)with respect to alleged violations of that division,pursuant to the Unemployment Insurance Code with respect to alleged violations of that code,and pursuant to Section 2750.5 with respect to alleged violations of either Division 4 (commencing with Section 3200)or of the Unemployment Insurance Code. Page 58 of 89 D-117 (e)The right of action established pursuant to this article shall not be construed to diminish rights of action established pursuant to Section 19102 of,and Article 1.8 (commencing with Section 20104.70)of Chapter 1 of Part 3 of Division 2 of,the Public Contract Code. (t)A second lowest bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200)of the Labor Code or of the Unemployment Insurance Code,or both,within one year prior to filing the bid for public work,and who has failed to take affirmative steps to correct that violation or those violations,is prohibited from taking any action authOl;ized by this section. Article 2.Wages Section 1770. The Director of the Department ofIndustrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773,and the director's determination in the matter shall be final except as provided in Section 1773.4.Nothing in this article,however,shall prohibit the payment of more than the general prevailing rate of wages to any workman employed on public work.Nothing in this act shall permit any overtime work in violation of Article 3 ofthis chapter. Section 1771. 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.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 1771.2. Ajoint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code)may bring an action in any court of competent jurisdiction against an employer that fails to pay the prevailing wage to its employees,as required by this article.This action shall be commenced not later than 180 days after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed,or not later than 180 days after acceptance of the public work,whichever last occurs. Section 1771.3. (a)(1)The Department ofIndustrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for any public works project paid for in whole or part out of public funds,within the meaning of subdivision (b)of Section 1720,that are derived from bonds issued by the state,and shall charge each awarding body for the reasonable and directly related costs of monitoring and enforcing compliance with the prevailing wage requirements on each project. (2)(A)The State Public Works Enforcement Fund is hereby created as a special fund in the State Treasury.All moneys received by the department pursuant to this section shall be deposited in the fund.Notwithstanding Section 13340 of the Government Code,all moneys in the fund shall be continuously appropriated to the Department of Industrial Relations,to monitor and enforce compliance with the applicable prevailing wage requirements on public works projects paid for in whole or part out of public funds,within the meaning of subdivision (b)of Section 1720, that are derived from bonds issued by the state and other projects for which the department provides prevailing wage monitoring and enforcement activities and for which it is to be reimbursed by the awarding body,and shall not be used or borrowed for any other purpose. Page 59 of 89D-118 (B)Notwithstanding any other law,upon order ofthe Director of Finance,a loan in the amount of four million three hundred thousand dollars ($4,300,000)shall be provided from the Uninsured Employers Benefit Trust Fund to the State Public Works Enforcement Fund to meet the startup needs ofthe Labor Compliance Monitoring Unit. (3)The Director ofIndustrial Relations shall adopt regulations implementing this section,specifying the activities, including,but not limited to,monthly review,and audit if appropriate,of payroll records,which the department will undertake to monitor and enforce compliance with applicable prevailing wage requirements on public works projects paid for in whole or part out of public funds,within the meaning of subdivision (b)of Section 1720,that are derived from bonds issued by the state.The department,with the approval ofthe Director of Finance,shall determine the rate or rates,which the department may from time to time amend,that the department will charge to recover the reasonable and directly related costs of performing the monitoring and enforcement services for public works projects;provided,however,that the amount charged by the department shall not exceed one-fourth of 1 percent ofthe state bond proceeds used for the public works projects. (4)The reasonable and directly related costs of monitoring and enforcing compliance with the prevailing wage requirements on a public works project incurred by the department in accordance with this section are payable by the awarding body of the public works project as a cost of construction.Notwithstanding any other provision oflaw, but subject to any limitations or restrictions ofthe bond act,the board,commission,department,agency,or official responsible for the allocation of bond proceeds from the bond funds shall consider and provide for amounts in support ofthe costs when allocating or approving expenditures of bond proceeds for the construction ofthe authorized project.The awarding body may elect not to receive or expend amounts from bond proceeds to pay the costs of the project;however,such election does not relieve the awarding body from reimbursing the Department of Industrial Relations for monitoring and enforcing prevailing wage requirements on the project pursuant to Section 1771.3 or any other applicable provision of law. (b)Paragraph (1)of subdivision (a)shall not apply to any contract for a public works project paid for in whole or part out of public funds,within the meaning of subdivision (b)of Section 1720,that are derived from bonds issued by the state ifthe contract was awarded under any ofthe following conditions: (l)The contract was awarded prior to the effective date of implementing regulations adopted by the department pursuant to paragraph (3)of subdivision (a). (2)The contract was awarded on or after the effective date ofthe regulations described in paragraph (1),if the awarding body had previously initiated a labor compliance program approved by the department for some or all of its public works projects and had not contracted with a third party to conduct such program,and requests and receives approval from the department to continue to operate its existing labor compliance program for its public works projects paid for in whole or part out of public funds,within the meaning of subdivision (b)of Section 1720, that are derived from bonds issued by the state,in place of the department monitoring and enforcing compliance on projects pursuant to subdivision (a). (3)The contract is awarded on or after the effective date of the regulations described in paragraph (1),if the awarding body has entered into a collective bargaining agreement that binds all of the contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c)This section shall not apply to public works projects subject to Section 75075 ofthe Public Resources Code. Section 1771.5. (a)Notwithstanding Section 1771,an awarding body may choose not to require the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime work for any public works project of twenty-five thousand dollars ($25,000)or less when the project is for construction work, or for any public works project of fifteen thousand dollars ($15,000)or less when the project is for alteration, demolition,repair,or maintenance work,if the awarding body elects to either: (I)Initiate and enforce a labor compliance program pursuant to subdivision (b)for every public works projeCt under the authority ofthe awarding body as described in subdivision (e). Page 60 of 89 D-119 (2)Reimburse the Department ofIndustrial Relations for the cost of monitoring and enforcing compliance with prevailing wage requirements for every public works project of the awarding body as described in subdivision (t). (b)For purposes of this section,a labor compliance program shall include,but not be limited to,the following requirements: (1)All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter. (2)A prejob conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract. (3)Project contractors and subcontractors shall maintain and furnish,at a designated time,a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury. (4)The awarding body shall review,and,if appropriate,audit payroll records to verify compliance with this chapter. (5)The a';Varding body shall withhold contract payments when payroll records are delinquent or inadequate. (6)The awarding body shall withhold contract payments equal to the amount of underpayment and applicable penalties when,after investigation,it is established that underpayment has occurred. (7)The awarding body shall comply with any other prevailing wage monitoring and enforcement activities that are required to be conducted by labor compliance programs by the Department ofIndustrial Relations. (c)For purposes of this chapter,"labor compliance program"means a labor compliance program that is approved,as specified in state regulations,by the Director ofIndustrial Relations. (d)For purposes of this chapter,the Director ofIndustrial Relations may revoke the approval of a labor compliance program in the manner specified in state regulations. (e)An awarding body that elects to use a labor compliance program pursuant to subdivision (a)must use the labor compliance program for all contracts for public works projects awarded prior to the effective date ofthe regulations adopted by the department as specified in subdivision (g).For contracts for public works projects awarded on or after the effective date of regulations adopted by the department as specified in subdivision (g),the awarding body may also elect to continue operating an existing previously approved labor compliance program in lieu of reimbursing the Department ofIndustrial Relations for the cost of monitoring and enforcing compliance with prevailing wage requirements on the awarding body's public works projects if it has not contracted with a third party to conduct its labor compliance program and if it requests and receives approval from the department to continue its existing program. (t)An awarding body that elects to reimburse the department for the cost of monitoring and enforcing compliance with prevailing wage requirements for public works projects of the awarding body,pursuant to subdivision (a), must,for all of its contracts for public works projects awarded on or after the effective date of the regulations adopted by the department as specified in subdivision (g): (1)Ensure that all bid invitations and public works contracts contain appropriate language concerning the requirements of this chapter. (2)Conduct a prejob conference with the contractor and subcontractor to discuss federal and state labor law requirements applicable to the contract. (3)Enter into an agreement with the department to reimburse the department for its costs of performing the service of monitoring and enforcing compliance with applicable prevailing wage requirements on the awarding bodies' projects. Page 61 of 89 D-120 (g)The Department ofIndustrial Relations shall adopt regulations implementing this section specifying the activities which the department shall undertake to monitor and enforce compliance with the prevailing wage requirements on the public works projects,including,but not limited to,monthly review,and audit if appropriate,of payroll records. (h) (1)The Department ofIndustrial Relations shall determine the rate or rates,which the department may from time to time amend,that the department will charge in obtaining reimbursement from awarding bodies for the reasonable and directly related costs of performing the specified monitoring and enforcement services,provided the amount charged by the department shall not exceed one-fourth of 1 percent ofthe total public works project costs. (2)Notwithstanding paragraph (1),for public works projects paid for in whole or part out of public funds,within the meaning of subdivision (b)of Section 1720,that are derived from bonds issued by the state,the amount charged by the department shall not exceed one-fourth of 1 percent of the state bond proceeds used for the public works project. (i)All amounts collected by the Department ofIndustrial Relations for its services pursuant to this section shall be deposited in the State Public Works Enforcement Fund. Section 1771.6. (a)Any awarding body that enforces this chapter in accordance with Section 1726 or 1771.5 shall provide notice of the withholding of contract payments to the contractor and subcontractor,if applicable.The notice shall be in writing and shall describe the nature ofthe violation and the amount of wages,penalties,and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor,if applicable.The notice shall advise the contractor and subcontractor,if applicable,of the procedure for obtaining review of the withholding of contract payments.The awarding body shall also serve a copy ofthe notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond,iftheir identities are known to the awarding body. (b)The withholding of contract payments in accordance with Section 1726 or 1771.5 shall be reviewable under Section 1742 in the same manner as if the notice of the withholding was a civil penalty order of the Labor Commissioner under this chapter.Ifreview is requested,the Labor Commissioner may intervene to represent the awarding body. (c)Pending a final order,or the expiration of the time period for seeking review of the notice of the withholding,the awarding body shall not disburse any contract payments withheld. (d)From the amount recovered,the wage claim shall be satisfied prior to the amount being applied to penalties.If insufficient money is recovered to pay each worker in full,the money shall be prorated among all workers. (e)Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section 96.7.Penalties shall be paid into the General Fund of the awarding body that has enforced this chapter pursuant to Section 1771.5. Section 1771.7. (a)(1)For contracts specified in subdivision (f),an awarding body that chooses to use funds derived from either the Kindergarten-University Public Education Facilities Bond Act of2002 or the Kindergarten-University Public Education Facilities Bond Act of2004 for a public works project,shall initiate and enforce,or contract with a third party to initiate and enforce,a labor compliance program,as described in subdivision (b)of Section 1771.5,with respect to that public works project. (2)If an awarding body described in paragraph (1)chooses to contract with a third party to initiate and enforce a labor compliance program for a project described in paragraph (1),that third party shall not review the payroll records of its own employees or the employees of its subcontractors,and the awarding body or an independent third party shall review these payroll records for purposes of the labor compliance program. Page 62 of 89 D-121 (b)This section applies to public works that commence on or after April 1,2003.For purposes ofthis subdivision, work performed during the design and preconstruction phases of construction,including,but not limited to, inspection and land surveying work,does not constitute the commencement of a public work. (c)(1)For purposes of this section,if any campus of the California State University chooses to use the funds described in subdivision (a),then the "awarding body"is the Chancellor of the California State University.For purposes of this subdivision,if the chancellor is required by subdivision (a)to initiate and enforce,or to contract with a third party to initiate and enforce,a labor compliance program,then in addition to the requirements described in subdivision (b)of Section 1771.5,the'Chancellor of the California State University shall review the payroll records on at least a monthly basis to ensure the awarding body's compliance with the labor compliance program. (2)For purposes of this subdivision,ifan awarding body described in subdivision (a)is the University of California or any campus of that university,and that awarding body is required by subdivision (a)to initiate and enforce,or to contract with a third party to initiate and enforce,a labor compliance program,then in addition to the requirements described in subdivision (b)of Section 1771.5,the payroll records shall be reviewed on at least a monthly basis to ensure the awarding body's compliance with the labor compliance program. (d)(1)An awarding body described in subdivision (a)shall make a written finding that the awarding body has initiated and enforced,or has contracted with a third party to initiate and enforce,the labor compliance program described in subdivision (a). (2)(A)If an awarding body described in subdivision (a)is a school district,the governing body ofthat district shall transmit to the State Allocation Board,in the manner determined by that board,a copy of the finding described in paragraph (1). (B)The State Allocation Board shall not release the funds described in subdivision (a)to an awarding body that is a school district until the State Allocation Board has received the written finding described in paragraph (1). (C)Ifthe State Allocation Board conducts a postaward audit procedure with respect to an award of the funds described in subdivision (a)to an awarding body that is a school district,the State Allocation Board shall verify,in the manner determined by that board,that the school district has complied with the requirements of this subdivision. (3)If an awarding body described in subdivision (a)is a community college district,the Chancellor of the California State University,or the office of the President of the University of California or any campus of the University of California,that awarding body shall transmit,in the manner determined by the Director ofIndustrial Relations,a copy ofthe finding described in paragraph (1)to the director ofthat department,or the director of any successor agency that is responsible for the oversight of employee wage and employee work hours laws. (e)Because the reasonable costs directly related to monitoring and enforcing compliance with the prevailing wage requirements are necessary oversight activities,integral to the cost of construction ofthe public works projects, notwithstanding Section 17070.63 of the Education Code,the grant amounts as described in Chapter 12.5 (commencing with Section 17070.10)of Part 10 of Division 1 of Title 1 of the Education Code for the costs ofa new construction or modernization project shall include the state's share of the reasonable and directly related costs of the labor compliance program used to monitor and enforce compliance with prevailing wage requirements. (t)This section shall only apply to contracts awarded prior to the effective date of regulations adopted by the Department ofIndustrial Relations pursuant to paragraph (3)of subdivision (a)of Section 1771.3. Section 1772. Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work. Section 1773. Page 63 of 89 D-122 The body awarding any contract for public work,or otherwise undertaking any public work,shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft,classification,or type of worker needed to execute the contract from the Director ofIndustrial Relations.The holidays upon which those rates shall be paid need not be specified by the awarding body,but shall be all holidays recognized in the applicable collective bargaining agreement.Ifthe prevailing rate is not based on a collectively bargained rate,the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code.In determining the rates,the Director ofIndustrial Relations shall ascertain and consider the applicable wage rates established by collective bargaining agreements and the rates that'may have been predetermined for federal public works,within the locality and in the nearest labor market area.Where the rates do not constitute the rates actually prevailing in the locality,the director shall obtain and consider further data from the labor organizations and employers or employer associations concerned,including the recognized collective bargaining representatives for the particular craft,classification,or type of work involved.The rate fixed for each craft,classification,or type of work shall be not less than the prevailing rate paid in the craft,classification,or type of work.If the director determines that the rate of prevailing wage for any craft,classification,or type of worker is the rate established by a collective bargaining agreement,the director may adopt that rate by reference as provided for in the collective bargaining agreement and that determination shall be effective for the life of the agreement or until the director determines that another rate should be adopted. Section 1773.1. (a)Per diem wages,when the term is used in this chapter or in any other statute applicable to public works,shall be deemed to include employer payments for the following: (1)Health and welfare. (2)Pension. (3)Vacation. (4)Travel. (5)Subsistence. (6)Apprenticeship or other training programs authorized by Section 3093,so long as the cost of training is reasonably related to the amount of the contributions. (7)Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code),to the extent that the activities ofthe programs or committees are directed to the monitoring and enforcement of laws related to public works. (8)Industry advancement and collective bargaining agreements administrative fees,provided that these payments are required under a collective bargaining agreement pertaining to the particular craft,classification,or type of work within the locality or the nearest labor market area at issue. (9)Other purposes similar to those specified in paragraphs (I)to (8),inclusive. (b)Employer payments include all of the following: (1)The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan,fund,or program. (2)The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. Page 64 of 89 D-123 (3)Payments to the California Apprenticeship Council pursuant to Section 1777.5. (c)Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However,no credit shall be granted for benefits required to be provided by other state or federal law.Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. (d)The credit for employer payments shall be computed on an annualized basis where the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer,except where one or more ofthe following occur: (1)The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. (2)The higher rate of payments is required by a project labor agreement. (3)The payments are made to the California Apprenticeship Council pursuant to Section 1777.5. (4)The director determines that annualization would not serve the purposes of this chapter. (e)(1)For the purpose of determining those per diem wages for contracts,the representative of any craft, classification,or type of worker needed to execute contracts shall file with the Department ofIndustrial Relations fully executed copies ofthe collective bargaining agreements for the particular craft,classification,or type of work involved.The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever filed 30 days prior to the call for bids.If the collective bargaining agreement has not been formalized,a typescript ofthe final draft may be filed temporarily,accompanied by a statement under penalty of perjury as to its effective date. (2) Where a copy ofthe collective bargaining agreement has previously been filed,fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. (3)The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct. Section 1773.2. The body awarding any contract for public work,or otherwise undertaking any public work,shall specify in the call for bids for the contract,and in the bid specifications and in the contract itself,what the general rate of per diem wages is for each craft,classification,or type of worker needed to execute the contract.In lieu of specifying the rate of wages in the call for bids,and in the bid specifications and in the contract itself,the awarding body may,in the call for bids,bid specifications,and contract,include a statement that copies ofthe prevailing rate of per diem wages are on file at its principal office,which shall be made available to any interested party on request.The awarding body shall also cause a copy of the determination ofthe director of the prevailing rate of per diem wages to be posted at each job site. Section 1773.3. An awarding agency whose public works contract falls within the jurisdiction of Section 1771.3,1771.5,or 1777.5, or any other statute providing for the payment of fees to the Department ofIndustrial Relations for enforcing prevailing wage requirements on that project,shall,within five days of the award,send a copy of the award to the department.In lieu of responding to any specific request for contract award information,the department my make such information available for public review by posting on its Internet Web site.Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen,pursuant to the certificated fixed number of apprentices to journeymen,the awarding agency shall notify the Division of Labor Standards Enforcement. Section 1773.4. Page 65 of 89D-124 Any prospective bidder or his representative,any representative of any craft,classification or type of workman involved,or the awarding body may,within 20 days after commencement of advertising of the call for bids by the awarding body,file with the Director ofIndustrial Relations a verified petition to review the determination of any such rate or rates upon the ground that they have not been determined in accordance with the provision of Section 1773 of this code.Within two days thereafter,a copy of such petition shall be filed with the awarding body.The petition shall set forth the facts upon which it is based.The Director ofIndustrial Relations or his authorized representative shall,upon notice to the petitioner,the awarding body and such other persons as he deems proper, including the recognized collective bargaining representatives for the particular crafts,classifications or types of work involved,institute an investigation or hold a hearing.Within 20 days after the filing of such petition,or within such longer period as agreed upon by the director,the awarding body,and all the interested parties,he shall make a determination and transmit the same in writing to the awarding body and to the interested parties.Such determination shall be final and shall be the determination of the awarding body.Upon receipt by it of the notice of the filing of such petition the body awarding the contract or authorizing the public work shall extend the closing date for the submission of bids or the starting of work until five days after the determination of the general prevailing rates of per diem wages pursuant to this section.Upon the filing of any such petition,notice thereof shall be set forth in the next and all subsequent publications by the awarding ~ody ofthe call for bids.No other notice need be given to bidders by the awarding body by publication or otherwise.The determination of the director shall be included in the contract. Section 1773.5. The Director ofIndustrial Relations may establish rules and regulations for the purpose of carrying out this chapter, including,but not limited to,the responsibilities and duties of awarding bodies under this chapter. Section 1773.6. If during any quarterly period the Director ofIndustrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in any locality he shall make such change available to the awarding body and his determination shall be final.Such determination by the Director ofIndustrial Relations shall not be effective as to any contract for which the notice to bidders has been published. Section 1773.7. The provisions of Section 11250 of the Government Code shall not be applicable to Sections 1773,1773.4,and 1773.6. Section 1773.9. (a)The Director ofIndustrial Relations shall use the methodology set forth in subdivision (b)to determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed. (b)The general prevailing rate of per diem wages includes all of the following: (1)The basic hourly wage rate being paid to a majority of workers engaged in the particular craft,classification,or type of work within the locality and in the nearest labor market area,if a majority of the workers is paid at a single rate.Ifno single rate is being paid to a majority ofthe workers,then the single rate being paid to the greatest number of workers,or modal rate,is prevailing.If a modal rate carmot be determined,then the director shall establish an alternative rate,consistent with the methodology for determining the modal rate,by considering the appropriate collective bargaining agreements,federal rates,rates in the nearest labor market area,or other data such as wage survey data. (2)Other employer payments included in per diem wages pursuant to Section 1773.1 and as included as part of the total hourly wage rate from which the basic hourly wage rate was derived.In the event the total hourly wage rate does not include any employer payments,the director shall establish a prevailing employer payment rate by the same procedure set forth in paragraph (1). Page 66 of 89 D-125 (3)The rate for holiday and overtime work shall be those rates specified in the collective bargaining agreement when the basic hourly rate is based on a collective bargaining agreement rate.In the event the basic hourly rate is not based on a collective bargaining agreement,the rate for holidays and overtime work,if any,included with the prevailing basic hourly rate of pay shall be prevailing. (c)(1)Ifthe director determines that the general prevailing rate of per diem wages is the rate established by a collective bargaining agreement,and that the collective bargaining agreement contains definite and predetermined changes during its term that will affect t4e rate adopted,the director shall incorporate those changes into the determination.Predetermined changes that are rescinded prior to their effective date shall not be enforced. (2)When the director determines that there is a definite and predetermined change in the general prevailing rate of per diem wages as described in paragraph (1),but has not published,at the time of the effective date of the predetermined change,the allocation of the predetermined change as between the basic hourly wage and other employer payments included in per diem wages pursuant to Section 1773.1,a contractor or subcontractor may allocate payments of not less than the amount of the definite and predetermined change to either the basic hourly wage or other employer payments included in per diem wages for up to 60 days following the director's publication of the specific allocation of the predetermined change. (3)When .the director determines that there is a definite and predetermined change in the general prevailing rate of per diem wages as described in paragraph (1),but the allocation of that predetermined change as between the basic hourly wage and other employer payments included in per diem wages pursuant to Section 1773.1 is subsequently altered by the parties to a collective bargaining agreement described in paragraph (1),a contractor or subcontractor may allocate payments of not less than the amount ofthe definite and predetermined change in accordance with either the originally published allocation or the allocation as altered in the collective bargaining agreement. Section 1773.11. (a)Notwithstanding any other provision oflaw and except as otherwise provided by this section,if the state or a political subdivision thereof agrees by contract with a private entity that the private entity's employees receive,in performing that contract,the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work,the director shall,upon a request by the state or the political subdivision,do both of the following: (1)Determine,as otherwise provided by law,the wage rates for each craft,classification,or type of worker that are needed to execute the contract. (2)Provide these wage rates to the state or political subdivision that requests them. (b)This section does not apply to a contract for a public work,as defined in this chapter. (c)The director shall determine and provide the wage rates described in this section in the order in which the requests for these wage rates were received and regardless of the calendar year in which they were received.Ifthere are more than 20 pending requests in a calendar year,the director shall respond only to the first 20 requests in the order in which they were received.Ifthe director determines that funding is available in any calendar year to determine and provide these wage rates in response to more than 20 requests,the director shall respond to these requests in a manner consistent with this subdivision. Section 1774. The contractor to whom the contract is awarded,and any subcontractor under him,shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. Section 1775. (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 Page 67 of 89 D-126 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: (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 ofthe 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 forty dollars ($40)for each calendar day,or portion thereof,for each worker paid less than the prevailing wage rate,unless the failure ofthe 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 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)The penalty may not be less than one hundred twenty dollars ($120)for each calendar day,or portion thereof, for each worker paid less than the prevailing wage rate,ifthe 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)ofPart 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. (0)The determination of the Labor Commissioner as to the amount ofthe 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)Ifa 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 this section and Sections 1771,1776,1777.5,1813,and 1815. (2)The contractor shall monitor the payment ofthe specified general prevailing rate of per diem wages by the subcontractor to the employees,by periodic review ofthe certified payroll records ofthe 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. Page 68 of 89 D-127 (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 pursuantto 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 ofthe failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. Section 1776. (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 ofthe 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 ofthe 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 and the Division of Labor Standards Enforcement of the Department ofIndustrial 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 or the Division of Labor Standards Enforcement.Ifthe 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 ofthe 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.The payroll records may consist of printouts of payroll data that are maintained as computer records,ifthe printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). (d)A contractor or subcontractor shall file a certified copy ofthe records enumerated in subdivision (a)with the entity that requested the records within 10 days after receipt of a written request. (e)Except as provided in subdivision (t),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 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 ofthe 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 Page 69 of 89 D-128 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 ofthis chapter. (f)(1)Notwithstanding any other provision oflaw,agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 ofthe Unemployment Insurance Code and other law enforcement agencies investigating yiolations oflaw shall,upon request,be provided nonredacted copies of certified payroll records.Any copies of records or certified payroll made available for inspection and furnished 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 contract ofthe 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. (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 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 behalfthe contract is made or awarded,forfeit one hundred dollars ($100)for each calendar day,or portion thereof,for each worker,until strict compliance is effectuated.Upon the request of the Division ofLabor 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. U)The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250)ofDivision 7 of Title 1 ofthe 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 ofthese records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. Section 1777. Any officer,agent,or representative ofthe State or of any political subdivision who wilfully violates any provision ofthis article,and any contractor,or subcontractor,or agent or representative thereof,doing public work who neglects to comply with any provision of section 1776 is guilty of a misdemeanor. Section 1777.1. (a)Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in violation of this chapter with intent to defraud,except Section 1777.5,the contractor or subcontractor or a firm,corporation,partnership,or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year or more than three years to do either of the following: (1)Bid on or be awarded a contract for a public works project. (2)Perform work as a subcontractor on a public works project. (b)Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to have committed two or more separate willful violations of this chapter,except Section Page 70 of 89 D-129 1777.5,within a three-year period,the contractor or subcontractor or a firm,corporation,partnership,or association in which the contractor or subcontractor has any interest is ineligible for a period up to three years to do either of the following: (1)Bid on or be awarded a contract for a public works project. (2)Perform work as a subcontractor on a public works project. (c)Whenever a contractor or subcontractor performing a public works project has failed to provide a timely response to a request by the Division of Labor Standards Enforcement,the Division of Apprenticeship Standards,or the awarding body to produce certified payroll records pursuant to Section 1776,the Labor Commissioner shall notify the contractor or subcontractor that,in addition to any other penalties provided by law,the contractor or subcontractor will be subject to debarment under this section ifthe certified payroll records are not produced within 30 days after receipt ofthe written notice.If the commissioner finds that the contractor or subcontractor has failed to comply with Section 1776 by that deadline,unless the commissioner finds that the failure to comply was due to circumstances outside the contractor's or subcontractor's control,the contractor or subcontractor or a firm, corporation,partnership,or association in which the contractor or subcontractor has any interest is ineligible for a period ofnot less than one year and not more than three years to do either ofthe following: (1)Bid on or be awarded a contract for a public works project. (2)Perform work as a subcontractor on a public works project. (d)A willful violation occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions. (e)The Labor Commissioner shall publish on the commissioner's Internet Web site a list of contractors who are ineligible to bid on or be awarded a public works contract,or to perform work as a subcontractor on a public works project pursuant to this chapter.The list shall contain the name of the contractor,the Contractors'State License Board license number of the contractor,and the effective period of debarment of the contractor.Contractors shall be added to the list upon issuance of a debarment order and the commissioner shall also notify the Contractors'State License Board when the list is updated.At least annually,the commissioner shall notify awarding bodies of the availability of the list of debarred contractors.The commissioner shall also place advertisements in construction industry publications targeted to the contractors and subcontractors,chosen by the commissioner,that state the effective period ofthe debarment and the reason for debarment.The advertisements shall appear one time for each debarment of a contractor in each publication chosen by the commissioner.The debarred contractor or subcontractor shall be liable to the commissioner for the reasonable cost of the advertisements,not to exceed five thousand dollars ($5,000).The amount paid to the commissioner for the advertisements shall be credited against the contractor's or subcontractor's obligation to pay civil fines or penalties for the same willful violation ofthis chapter. (f)For purposes of this section,"contractor or subcontractor"means a firm,corporation,partnership,or association and its responsible managing officer,as well as any supervisors,managers,and officers found by the Labor Commissioner to be personally and substantially responsible for the willful violation of this chapter. (g)For the purposes of this section,the term "any interest"means an interest in the entity bidding or performing work on the public works project,whether as an owner,partner,officer,manager,employee,agent,consultant,or representative."Any interest" includes,but is not limited to,all instances where the debarred contractor or subcontractor receives payments,whether cash or any other form of compensation,from any entity bidding or performing work on the public works project,or enters into any contracts or agreements with the entity bidding or performing work on the public works project for services performed or to be performed for contracts that have been or will be assigned or sublet,or for vehicles,tools,equipment,or supplies that have been or will be sold,rented,or leased during the period from the initiation ofthe debarment proceedings until the end of the term of the debarment period."Any interest"does not include shares held in a publicly traded corporation ifthe shares were not received as compensation after the initiation of debarment from an entity bidding or performing work on a public works project. (h)For the purposes of this section,the term "entity"is defined as a company,limited liability company,association, partnership,sole proprietorship,limited liability partnership,corporation,business trust,or organization. Page 71 of 89D-130 (i)The Labor Commissioner shall adopt rules and regulations for the administration and enforcement of this section. Section 1777.5. (a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b)Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work ofthe 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 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 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 (0). (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 ofjourneyman 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. (t)The apprenticeship program that can supply apprentices to the area of the site ofthe 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 ofjourneyman work. (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 Page 72 of89 D-131 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 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 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 l-to-5 ratio required by subdivision (g). G)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 l-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 ofthe Administrator of Apprenticeship,exempting the contractor from the I-to-5 ratio set forth in this section when it finds that anyone 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. (I)When an exemption is granted pursuant to subdivision (k)to an organization that represents contractors in a specific trade from the I-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 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)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 Department ofIndustrial Relations for administering this subdivision,by making grants to approved apprenticeship programs for the purpose oftraining 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. Page 73 of 89 D-132 (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 Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code. (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.Upon appropriation by the Legislature,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 Department ofIndustrial Relations. (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. (0)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)An awarding body that implements an approved labor compliance program in accordance with subdivision (b)of Section 1771.5 may,with the approval ofthe director,assist in the enforcement ofthis section under the terms and conditions prescribed by the director. Section 1777.6. An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a)of Section 12940 ofthe Government Code,as those bases are defined in Sections 12926 and 12926.1 of the Government Code,except as provided in Section 3077 of this code and Section 12940 of the Government Code. Section 1777.7. (a)(1)A contractor or subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding one hundred dollars ($100)for each full calendar day of noncompliance.The amount ofthis penalty may be reduced by the Labor Commissioner if the amount of the penalty would be disproportionate to the severity ofthe violation.A contractor or subcontractor that knowingly commits a second or subsequent violation of Section 1777.5 within a three-year period,where the noncompliance results in apprenticeship training not being provided as required by this chapter,shall forfeit as a civil penalty the sum ofnot more than three hundred dollars ($300)for each full calendar day of noncompliance. Notwithstanding Section 1727,upon receipt of a determination that a civil penalty has been imposed by the Labor Commissioner,the awarding body shall withhold the amount of the civil penalty from contract progress payments then due or to become due. (2)In lieu of the penalty provided for in this subdivision,the Labor Commissioner may,for a first-time violation and with the concurrence of an apprenticeship program described in subdivision (d),order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b)In the event a contractor or subcontractor is determined by the Labor Commissioner to have knowingly committed a serious violation of any provision of Section 1777.5,the Labor Commissioner may also deny to the contractor or subcontractor,and to its responsible officers,the right to bid on or be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation.Each period of debarment shall run from the date the determination of noncompliance by the Labor Commissioner becomes a final order. Page 74 of 89 D-133 (c)(1)An affected contractor,subcontractor,or responsible officer may obtain a review of the determination of the Labor Commissioner imposing the debarment or civil penalty by transmitting a written request to the office of the Labor Commissioner that appears on the determination within 60 days after service ofthe determination of debarment or civil penalty.Ifno hearing is requested within 60 days after service of the determination,the determination shall become final. (2)The provisions of Section 1742 shall apply to the review of any determination issued pursuant to subdivision (a) or (b),subject to the following: (A)The provisions of Section 1742 and any regulations implementing that section shall apply to a responsible officer who requests review of a determination under this section to the same extent as any affected contractor or subcontractor who requests review. (B)In the review of a determination under this section,the affected contractor,subcontractor,or responsible officer shall have the burden of providing evidence of compliance with Section 1777.5. (3)For purposes of this section,a determination issued pursuant to subdivision (a)or (b)includes a determination that has been approved by the Labor Commissioner and issued by an awarding body that has been authorized to assist the director in the enforcement of Section 1777.5 pursuant to subdivision (p)of that section.The Labor Commissioner shall have the right to intervene in any proceeding for review of a determination issued by an awarding body.If the involvement of the Labor Commissioner in a labor compliance program enforcement action is limited to a review of the determination and the matter is resolved without litigation by or against the Labor Commissioner or the department,the awarding body shall enforce any applicable penalties,as specified in this section,and shall deposit any penalties and forfeitures collected in the General Fund. (4)The Labor Commissioner may certify a copy ofthe final order ofthe Director ofIndustrial Relations and file it with the clerk ofthe superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business.The clerk,immediately upon the filing,shall enter judgment for the state against the person assessed in the amount shown on the certified order.A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to this section.An awarding body that has withheld funds in response to a determination imposing a penalty under this section shall,upon receipt of a certified copy of a final order that is no longer subject to judicial review,promptly transmit the withheld funds,up to the amount ofthe certified order,to the Labor Commissioner. (d)Ifa subcontractor is found to have violated Section 1777.5,the prime contractor ofthe project is not liable for any penalties under subdivision (a),unless the prime contractor had knowledge of the subcontractor's failure to comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any ofthe following requirements: (1)The contract executed between the contractor and the subcontractor or 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 continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d)of Section 1777.5,including,but not limited to,periodic review of the certified payroll ofthe subcontractor. (3)Upon becoming aware of a failure ofthe subcontractor to employ the required number of apprentices,the contractor shall take corrective action,including,but not limited to,retaining funds due the subcontractor for work performed on the public works project until the failure is corrected. (4)Prior to making the final payment to the subcontractor for work performed on the public works project,the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. Page 75 of89 D-134 (e)Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity,or in the equivalent fund of an awarding body if the awarding body is an entity other than the state. (t)(1)The Labor Commissioner shall consider,in setting the amount ofa monetary penalty,in determining whether a violation is serious,and in determining whether and for how long a party should be debarred for violating this section,all of the following circumstances: (A)Whether the violation was intentional. (B)Whether the party has committed other violations of Section 1777.5. (C)Whether,upon notice of the violation,the party took steps to voluntarily remedy the violatio». (D)Whether,and to what extent,the violation resulted in lost training opportunities for apprentices. (E)Whether,and to what extent,the violation otherwise harmed apprentices or apprenticeship programs. (2)If a party seeks review of a decision by the Labor Commissioner to impose a monetary penalty or period of debarment,the Director of Industrial Relations shall decide de novo the appropriate penalty,by considering the same factors set forth above. (g)The interpretation of Section 1777.5 and the substantive requirements ofthis section,including the limitations period for issuing a determination under subdivision (a)or (b),shall be in accordance with the regulations ofthe California Apprenticeship Council.The Director ofindustrial Relations may adopt regulations to establish guidelines for the imposition of monetary penalties and periods of debarment and may designate precedential decisions under Section 11425.60 ofthe Government Code. Section 1778. Every person,who individually or as a representative of an awarding or public body or officer,or as a contractor or subcontractor doing public work,or agent or officer thereof,who takes,receives,or conspires with another to take or receive,for his own use or the use of any other person any portion ofthe wages of any workman or working subcontractor,in connection with services rendered upon any public work is guilty of a felony. Section 1779. Any person or agent or officer thereof who charges,collects,or attempts to charge or collect,directly or indirectly,a fee or valuable consideration for registering any person for public work,or for giving information as to where such employment may be procured,or for placing,assisting in placing,or attempting to place,any person in public work, whether the person is to work directly for the State,or any political subdivision or for a contractor or subcontractor doing public work is guilty of a misdemeanor. Section 1780. Any person acting on behalf of the State or any political subdivision,or any contractor or subcontractor or agent or representative thereof,doing any public work who places any order for the employment of a workman on public work where the filling ofthe order for employment involves the charging of a fee,or the receiving of a valuable consideration from any applicant for employment is guilty of a misdemeanor. Section 1781. (a)(1)Notwithstanding any other provision oflaw,a contractor may,subject to paragraphs (2)and (3),bring an action in a court of competent jurisdiction to recover from the body awarding a contract for a public work or otherwise undertaking any public work any increased costs incurred by the contractor as a result of any decision by Page 76 of 89 D-135 the body,the Department ofIndustrial Relations,or a court that classifies,after the time at which the body accepts the contractor's bid or awards the contractor a contract in circumstances where no bid is solicited,the work covered by the bid or contract as a "public work,"as defined in this chapter,to which Section 1771 applies,ifthat body, before the bid opening or awarding of the contract,failed to identify as a "public work,"as defined in this chapter,in the bid specification or in the contract documents that portion of the work that the decision classifies as a "public work." (2)The body awarding a contract for a p:ublic work or otherwise undertaking any public work is not liable for increased costs in an action described in paragraph (1)if all of the following conditions are met: (A)The contractor did not directly submit a bid to,or directly contract with,that body. (B)The body stated in the contract,agreement,ordinance,or other written arrangement by which it undertook the public work that the work described in paragraph (1)was a "public work,"as defined in this chapter,to which Section 1771 applies,and obligated the party with whom the body makes its written arrangement to cause the work described in paragraph (1)to be performed as a "public work." (C)The body fulfilled all of its duties,if any,under the Civil Code or any other provision oflaw pertaining to the body providing and maintaining bonds to secure the payment of contractors,including the payment of wages to workers performing the work described in paragraph (1). (3)If a contractor did not directly submit a bid to,or directly contract with a body awarding a contract for,or otherwise undertaking a public work,the liability ofthat body in an action commenced by the contractor under subdivision (a)is limited to that portion of a judgment,obtained by that contractor against the body that solicited the contractor's bid or awarded the contract to the contractor,that the contractor is unable to satisfy.For purposes ofthis paragraph,a contractor may not be deemed to be unable to satisfy any portion of a judgment unless,in addition to other collection measures,the contractor has made a good faith attempt to collect that portion of the judgment against a surety bond,guarantee,or some other form of assurance. (b)When construction has not commenced at the time a final decision by the Department of Industrial Relations or a court classifies all or part of the work covered by the bid or contract as a "public work,"as defined in this chapter, the body that solicited the bid or awarded the contract shall rebid the "public work"covered by the contract as a "public work,"any bid that was submitted and any contract that was executed for this work are null and void,and the contractor may not be compensated for any nonconstruction work already performed unless the body soliciting the bid or awarding the contract has agreed to compensate the contractor for this work. (c)For purposes ofthis section: (1)"Awarding body"does not include the Department of General Services,the Department of Transportation,or the Department of Water Resources. (2)"Increased costs"includes,but is not limited to: (A)Labor cost increases required to be paid to workers who perform or performed work on the "public work"as a result of the events described in subdivision (a). (B)Penalties for a violation of this article for which the contractor is liable,and which violation is the result ofthe events described in subdivision (a). Article 3.Working Hours Section 1810. Eight hours labor constitutes a legal day's work in all cases where the same is performed under the authority of any law of this State,or under the direction,or control,or by the authority of any officer of this State acting in his official capacity,or under the direction,or control or by the authority of any municipal corporation,or of any officer Page 77 of 89 D-136 thereof.A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a party. Section 1811. The time of service of any workman employed upon public work is limited and restricted to 8 hours during anyone calendar day,and 40 hours during anyone calendar week,except as hereinafter provided for under Section 1815. Section 1812. Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement. Section 1813. The contractor or subcontractor shall,as a penalty to the state or political subdivision on whose behalfthe contract is made or ~warded,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 anyone calendar day and 40 hours in anyone 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 1814. Any officer,agent,or representative ofthe State or any political subdivision who violates any provision of this article and any contractor or subcontractor or agent or representative thereof doing public work who neglects to comply with any provision of Section 1812 is guiltyofa misdemeanor. Section 1815. 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 anyone 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. Article 5.Securing Workers'Compensation Section 1860. The awarding body shall cause to be inserted in every public works contract a clause providing that,in accordance with the provisions of Section 3700 of the Labor Code,every contractor will be required to secure the payment of compensation to his employees. Section 1861. Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract:"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 ofthat code,and I will comply with such provisions before commencing the performance ofthe work ofthis contract." Page 78 of 89 D-137 .=t California Department of Industrial Relations PUBLIC WORKS PAYROLL REPORTING FORM Page __of _ I NAME OF CONTRACTOR:CONTRACTOR'S LICENSE NO.:ADDRESS:~OR SUBCONTRACTOR:SPEClALI1Y LICENSE NO.: I PAYROLL NO.:FOR WEEK ENDING:SELF-INSURED CERTIFICATE NO.:IPROJECT OR CONTRACT NO.: 1 (4)DAY (5)(6)WORKERS'COMPENSATION POLICY NO.:PROJECT AND LOCATION: 1 (I)(2)I (3)M T W m F S S (7)(8)(9) I DATE HOURLY NAME,ADDRESS AND ~~WORK TOTAL RATE GROSS AMOUNT NETWGS CHECK SOCIAL SECURITY NUMBER ~'"~I CLASSmCATION HOURS OF PAY EARNED DEDUCTIONS,CONTIUBUTIONS AND PAYMENTS PAID FOR NO. OF EMPLOYEE .,,,I WEEK°9~@~~HOURS WORKED EACH DAY I TIllS ALL FED.FICA STATE SDI VAel HEALm PENSIONPROJECTPROJECTSTAX(Soc.SEC.)TAX HOLIDAY &WELF.I I S I I TRAJNG.FUM>DUES TRAW SAVINGS OTHER-TOTAL SUBS.DEDUe. I ADMIN nONS I 0 1 I TIllS ALL FED.FICA STATE SDI VAel HEALm PENSIONPROlECIPROlECISTAX(soc.SEc.)TAX HOLIDAY &WELF. I I S I I TRAING.FUM>DUES TRAVI SAVINGS OTHER-TOTAL SUBS.DRDue- I ADMIN nONS I 0 1 I TIllS ALL FED.FICA STATE SDI VAel HEALm PENSION I PROJECT PROJECTS TAX (Soc.SEC.)TAX HOLIDAY &WELF. I S I I TRAJNG.FUM>DUES TRAW SAVINGS OTHER-TOTAL SUBS.DEDUC- I ADMIN TlONS I 0 I I TIllS ALL FED.FICA STATE SDI VAel HEALm PENSION I PROJECT PROJECTS TAX (SOC.SEC.)TAX HOLIDAY &WELF. I S I I TRAJNG.FUM>DUES TRAW SAVINGS OTHER" TOTAL SUBS.DEDVC- I ADMIN TIONS I 0 I FormA-I-HI (New 2-80) S""STRAIGHT TIME 0=OVERTIME SOl =STATE DISABII1TYINSURANCE ·OTIIER -Any other deductions.contributions and/or payments whether or not included or required by prevailing wage determinations must be separately listed.Use extra sheet(s)if necessary CERTIFICATION MUST be completed~(lf~lleverse side) D - 1 3 8 NOTICE TO PUBLIC ENTITY For Privacy Considerations Fold back along dotted line prior to copying for release to general public (private persons). (Paper Size then 8-1/2 x II inches) (Name -print) _________________with the authority to act for and on behalf of (Position in business) ____________________--',certifY under penalty of perjury (Name of business and/or contractor) that the records or copies thereof submitted and consisting of-==-----:---:-__---:_-::-_---::--_ (Description,number of pages) are the originals or true,full,and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash,check,or whatever form to the individual or individuals named. Date:_Signature:_ A public entity may require a stricter and/or more extensive form of certification. Page 80 0189 D-139 Statement of Employer Payments II-2 Date:In Reply,Refer to Case No:~~............. Prime::r:;...~~~~»~Subcontractor: PROJECT NAME:~~.>.; PROJECT CONTRACT NO.:County/location:C'~\"-HEALTH AND WELFARE NAME OF PLAN Address,City and Zip ADMINISTRATOR Address,City and Zip CLASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS:WEEKLY MONTHLY QUARTERLY ANNUALLY PENSION NAME OF PLAN Address,City and Zip ADMINISTRATOR Address,City and Zip CLASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS:WEEKLY MONTHLY QUARTERLY ANNUALLY VACATIONIHOLIDAY NAME OF PLAN Address,City and Zip ADMINISTRATOR Address,City and Zip CLASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS:WEEKLY MONTHLY QUARTERLY ANNUALLY TRAINING NAME OF PLAN Address,City and Zip ADMINISTRATOR Address,City and Zip CLASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS:WEEKLY MONTHLY QUARTERLY ANNUALLY IF YOU USE OTHER PLANS NOT LISTED ABOVE,YOU MAY USE THE BACK OF THIS FORM TO PROVIDE THIS ADDITIONAL INFORMATION PW26 Or:(check if applicable) ____I certify that I do not make payment to approved fringe benefits plans,funds,or programs. Page 81 of89 (Contractor/Subcontractor) (Date) By:_ (Signature) (Title)D-140 LCP-ARl LABOR COMPLIANCE PROGRAM ANNUAL REPORT Formatfor Awarding Body that eriforces its own Labor Compliance Programfor some but not all projects Report for the reporting period to --===:c;-- (mJn!dd!YYYYl (mJn!dd/yyyyi 1.Name of Labor Compliance Program (LCP): 2.LCP J.D.Number (assigned by DIR):3.Date of Initial Approval: 4.Contact person (include name,title,address,telephone,fax,and e-mail,if available): 5.Did LCP perform any LC §1771.5 enforcement activities during the 12 months in the reporting period? Please check one:r:Yes If Yes,proceed to item 6 on the next page DNo If No,complete the information below,sign the form and submit to DIR,Office of the Director,Attn:LCP Special Assistant, 455 Golden Gate Avenue,10th Floor,San Francisco CA 94102 What suggestions do you have for the Department ofIndustrial Relations to better assist you with your program in the coming year?(attach additional sheets if necessary) SUBMITTED BY: Signature Name and Title Date LCP ANNUAL REPORT 8 CCR §16431 --AB limited 2008 D - 1 4 1 LCP-ARl 6.LC §1771.5 enforcement activities (provide all information requested,attaching as many sheets as necessary). A.List projects handled by LCP within the past 12 months. Project Name Bid Advertisement Date Prime Contractor Contract Amount Total B.Summary of all wages and penalties assessed and/or recovered. Project Name Affected Contractor (who directly employed the worker) Amount Assessed Amount Recovered Approval of Forfeiture Requested from Labor Commissioner? eYes DNo eYes DNo DYes uNo eYes CNo eYes CNo eYes CNo DYes DNo DYes DNo Description of Violation Total LCP ANNUAL REPORT 8 CCR §16431 --AB limited 2008 D - 1 4 2 LCP-ARl C.For any amount identified in item B for which approval of forfeiture not requested from the Labor Commissioner,please explain below. Project Name Amount Assessed Amount ExplanationRecovered -Total D.For any amount identified in item B for which approval of forfeiture was requested from the Labor Commissioner,please provide the following: Project Amount Assessed Amount Recovered Name LC §1776(g)LC §1775 LC §1813 Wages Total LC §1776(g)LC §1775 LC §1813 .Wages Total Total E.IdentitY cases that are or were the subject of LC §1742 proceedings. Project Name Contractor Nature of Violation ODLCase#Current Status F.Did you refer any contractor to the Labor Commissioner for debarment per LC §1777.1? Please check one:DYes DNo If yes,identitY affected contractor(s)or subcontractor(s)and date(s)of referral: G.Did you refer any apprenticeship violation to the Division of Apprenticeship Standards (DAS)? Please check one:DYes DNo If yes,identitY affected contractor(s)or subcontractor(s)and date(s)of referral: LCP ANNUAL REPORT 8 CCR §16431 --AB limited Page 84 of 89 2008 D - 1 4 3 State of California Department of Industrial Relations California Apprenticeship Council P.O.Box 420603 San Francisco,CA 94142 Please use a separate form for each jobsite,listing the occupations for the jobsite.One check.payable to the California Apprenticeship Council may be submitted for all jobsites and/or occupations.Training fund contributions are not accepted by the California Apprenticeship Council for federal public works projects,unless the project is administered by a public agency or for non-apprenticeable occupations such as utility technicians,lead abatement worker, etc. TRAINING FUND CONTRIBUTIONS California Apprenticeship Council **Training Fund Contributions are due on the 15th of each month** PLEASE TYPE OR PRINT IN BLACK OR BLUE INK.ALL FIELDS MUST BE FILLED IN TO ENSURE SUCCESSFUL SUBMissiON ANb PROCESS OF PAYMENT. NAME AND ADDRESS OF CONTRACTOR/SUB CONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NUMBER CONTRACT OR PROJECT NUMBER JOBSITE LOCATION (INCLUDE COUNTY)IF APPLICABLE -GIVE NAME OF NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT SCHOOL.HOSPITAL.BUILDING,etc. PERIOD COVERED BY CONTRIBUTION (FROM -TO) CLASSIFICATIONS OF WORKERS (CARPENTER,PLUMBER,ELECTRICIAN,ETC).COUNTY WORK PERFORMED IN ALL HOURS CONTRIBUTION AMOUNT RATE PER HOUR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $0.00 F APPRENTICES WERE EMPLOYED,PLEASE LIST THE APPRENTICESHIP PROGRAM AND NUMBER OF APPRENTICE HOURS WORKED YPE OR PRINT YOUR NAME AND TITLE DATE EMAIL AREA CODE &TELEPHONE NUMBER Page 85 ot89 CAC 2 (rev.6/12)TRAINING FUND CONTRIBUTIONS D-144 PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train.If you are not approved to train,you must send the information (wh ich may be this form)to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work.Go to:http://www.dir.ca.gov/das/PublicWorksForms.htmfor information about programs in your area and trade.You may also consult your local Division of Apprenticeship Standards (DAS)office whose telephone number may be found in your local directory under California,State of,Industrial Relations,Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAIUNG ADDRESS-NUMBER &STREET,CITY,ZIP CODE AREA CODE &TELEPHONE NO. NAME &ADDRESS OF PUBUC WORKS PROJECT DATE YOUR CONTRACT EXECUTED DATE OF EXPECTED OR ACTUAL START OF PROJECT NAME &ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURE OCCUPATION OF APPRENTICE THIS FORM IS BEING SENT TO:(NAME &ADDRESS OF APPRENTICESHIP PROGRAM{S))ESTIMATED NUMBER OF APPRENTICE HOURS APPROXIMATE DATES TO BE EMPLOYED This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch,in accordance with Section 230.1 (a)California Code of Regulations Check One Of The Boxes Below 1.0 We are already approved to train apprentices by the Apprenticeship Committee.We will employ and train under their Standards.Enter name of the Committee 2.0 We will comply with the standards of Apprenticeship Committee for the duration of this job only.Enter name of the Committee 3·0 We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including §230.1 (c)which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of joumeyman/men. DAS 140 (REV.1104) Signature Typed Name Title State of California·Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS Date Page 86 of 89 D-145 iii REQUEST FOR DISPATCH OF AN APPRENTICE -DAS 142 FORM DO NOT SEND THIS FORM TO DAS You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work.Go to:http://www.dir.ca.gov!DAS!PublicWorksForms.htm for information about programs in your area and trade.You may also consult your local Division Apprenticeship Standards (DAS)office whose telephone number may be found in your local directory under California,State of,Industrial Relations,Division of Apprenticeship Standards.Except for projects with less than 40 hours of journeyman work,you must request and employ apprentices in no less than 8 hour increments. Date:Contractor Requesting Dispatch: To Applicable Apprenticeship Committee:Name: Name:Address: Address: License No. Tel.No.Fax No.Tel.No.Fax No. Project Information: Contract No. Name of the Project: Address: Dispatch Request Information: Number of Apprentice(s)Needed:Craft or Trade: Date Apprentice(s)to Report:(72 hrs.notice required)Time to Report: Name of Person to Report to: Address to Report to: You may use this form to make your written request for the dispatch of an apprentice.Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays)via first class mail,fax or email.Proof of submission may be required.Please take note of California Code of Regulations,Title 8,§230.1 (a)for all applicable requirements regarding apprenticeship requests and/or visit http://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummarvOfReguirements.htm DAS 142 (Revised 12/11) o~~~n~.<nn D-146 STATE OF CALIFORNIA-DEPARTMENT OF INDUSTRIAL RELATIONS TO:California Department of Industrial Relations Division of Apprenticeship Standards P.O.Box 420603 San Francisco,CA 94142 FROM: AWARDING AGENCY 10 NUMBER I I If you do not have an ID number please contact DAS EXTRACT OF PUBLIC WORKS CONTRACT AWARD A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO: NO REMODELING YES 27.DATE 30.TELEPHONE NUMBERS 2.CONTRACTOR'S LICENSE NO YES NO (MM/DDIYYYY) ATE A DIR-APPROVED LABOR COMPLIANCE P)FOR THIS PROJECT? YES NO E A PROJECT LABOR AGREEMENT (PLA)ASSOCIATED S PROJECT?If yes,please email acopytocmupla@dir.ca.qov ALTERATION,DEMOLITION,REPAIR OR MAINTENANCE NEW CONSTRUCTION COMPLETION DATE (ESTIMATED OR ACTUAL) 22 4.CITY 5.ZIP CODE ,ETC.)THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) 29.E-MAIL ADDRESS 11.PROJECT NUMBER YEARDAYMONTH 7.GENERAL CONTRAGTOR'S CONTACT EMAIL ADDRESS 16.STATE CONSTRUCTION BONDS If YES,List the Sources and Dollar Amount of B SOURCES 13.FIRST ADVERTISED BID DATE 10.CONTRACT NUMBER 9 ..NAME OF PROJECT 3.MAILING ADDRESS (STREET NUMBER OR P.O.BOX) 1.NAME OF GENERAL CONTRACTOR Duplication of this fonn is pennissible DlR-fE 100 (rev. 10/11)successor to the DAS 13 fonn Page 88 of 89 D-147 EXTRACT OF PUBLIC WORKS CONTRACT AWARD (Continued) Listin of Sub Contractors Con.Lie.#Contractor Classification of workers DIR·PWC 100 (rev.10/11)successor to the DAS 13 fonn Page 89 of 89D-148