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HomeMy WebLinkAbout2011-019 ACH-18 Plumbing CITY OF ATASCADERO � CONTRACTFOR SCOTT T. MURRAY PLUMBING for ACH-18 PLUMBING HISTORIC CITY HALL PROJECT, BID NO. 2011-004 1915 r � 1979 CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO SCOTT T. MURRAY PLUMBING THIS CONTRACT is made and entered into between City of Atascadero ("City"), and Scott T. Murray Plumbing ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1/06 1 792119.3 City of Atascadero Scott T. Murray Plumbing B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than date December 31, 2013, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager of the City or designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. rev 5/1/06 2 7921 19.3 City of Atascadero Scott T. Murray Plumbing 5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City may use any reasonable means to monitor performance and the Contractor shall comply with the City Manger's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. The obligations of the Surety on the Faithful Performance Bond shall survive the termination of this Contract. rev 5/1/06 3 792119.3 City of Atascadero . F Scott T. Murray Plumbing 1Az�..�_ u 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 5/1/06 4 792119.3 City of Atascadero Scott T. Murray Plumbing 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used byContractor in providing these services are the property of Contractor and shall 'remain the property of Contractor upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. rev 5/1/06 5 792119.3 r: City of Atascadero � Scott T. Murray Plumbing 12. COMPLIANCE WITH LAW.- A. AW:A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. The Contractor is required to pay prevailing wages for the work performed under this Agreement. The Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. rev 5/1/06 6 792119.3 City of Atascadero Scott T. Murray Plumbing W 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligence, or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City of liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. rev 5/1/06 7 792119.3 City of Atascadero Scott T. Murray Plumbing � ' 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after final project close out (estimated to be 2017). Contractor shall contact the City prior to destruction of records. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. rev 5/1/06 $ 7921 19.3 City of Atascadero �.: Scott T. Murray Plumbing D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 9 792119.3 s:' AUS City of Atascadero Scott T. Murray Plumbing `'"` J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero Director of Administrative Services 6907 EI Camino Real Atascadero, CA 93422 Contractor: Scott T. Murray Plumbing 1775 N 1700 W Malad, ID 83252 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their Company and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this _day of 2011 by the parties as follows, Approved as to form- SCOTT T. MURRAY PLUMBING By: Lrr , ` Counsel for contractor *cottO er Approved as to form- CITY OF ATASCADERO By By. 1 Brian Pierik Wade McKinney City Attorney City Manager rev 5/1/06 10 792119.3 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR Scott T. Murray, Owner Scott T. Murray Plumbing rev 5/1/06 1 1 792119.3 CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS Contractor acknowledges that under California labor code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to city the sum of $25.00 for each worker employed in the execution of this contract by contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of labor code section 1810. (labor code § 1813.) Copies of the determination of the director of the department of industrial relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this contract will be on file in, and available at, the office of the director at 6907 el Camino real, Atascadero, ca. Wage determinations are also available online at www.dir.ca.gov/dlsr/pwd/southern.htmi. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the contract, a copy of the determination by the director of the department of industrial relations of the specified prevailing rate of per diem wages. (Labor code § 1773.2.) Contractor, and any subcontractor engaged by contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor code § 1774.) Contractor is responsible for compliance with labor code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of labor code section 1775. Under section 1775, contractor may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the contract by contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay 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. Nothing in this contract prevents contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. Contractor is responsible for compliance with labor code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California apprenticeship council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in labor code sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Contractor Scott T. Murray, wner rev 5/1/06 12 792119.3 EXHIBIT A Scope of Work All work performed shall comply with the architectural and engineering plans and specifications instructions and addendums 1 through 6 per bid package ACH-18 Plumbing, Historic City Hall Project, City Bid No. 2011-004, hereby incorporated by reference. The Historic City Hall Plumbing project includes but is not limited to the demolition of the existing plumbing equipment, adjusting existing building piping and installing a complete code-complying plumbing system including but not limited to waste, vent, water, gas, backflow devices, floor drainage, trap primers, water heaters, and all other plumbing equipment and appurtenances as further described and indicated on the project documents for project drawing Packages 1, 2, and 3. Services provided as described in the specifications Historic City Hall, City Bid No. 2011-004, as Awarded by Atascadero City Council to be the Base Bid, not to exceed the total contract price of $403,000.00, as detailed in the attached Schedule of Values. Per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of 442 working days after the Notice to Proceed has been issued. Liquidated Damages for BP-ACH-18 will be based on reasonable actual documented costs of engineering, inspection, superintendence, and other overhead expenses which. accrue for each day beyond the prescribed contract completion date. 658615.1 DRAFT 06/4/01 4:33 PM A-1 Scott T. Murray Plumbing Subcontractor List DESIGNATED 33 LIBC ONTPUACTOR INFORMATION SHEET BICC NO. 20,!1-004 €4 The Contractor shall set forth the failovk',g information on, ttie"Designafed Subwntractcr Infenr:aticn Sh:•pct."the name ord kocat"on of the place of bu,_9i less, telephone and t i'naa Fddrez's, [jCrrj,;F rti;lseiz Gi n�nd Ci, of -=r-.tt - r.r Ar r;,iFt r l i r i _ te -AW Zip 11 t r i; —_ ...._ r tF� .. _..... __ _..ti1c?tl cl:'lCjCFS� r } i t t_✓-n tom::F.., _ P4erccrl:l of Item �n.•fll ru ,r., ,S . r `�trUi'f' E aEi2t&Nl `trSC; 1�•1.._.., 1 � t DeSCt11.1«liJt')%f Ai,�Jv_e lteSll ,tet 7 IC F' nil 2', 658615.1 DRAFT 06/4/01 4:33 PM A-2 EXHIBIT B Compensation and Method of Payment Services provided as described in the specifications for the ACH-18 Plumbing, Historic City Hall Project, Bid No 2011-004, not to exceed the total contract price of $403,000.00, as detailed (or defined) in the Schedule of Values, as Awarded by the Atascadero City Council. Any additional services not included in the scope of services must be approved by a City of Atascadero Change Order prior to performing any additional work. All additional work authorized by a City of Atascadero Change Order will be compensated at the same unit cost for the defined services as determined on the bidder's Schedule of Values. Payment will be made within 30 days after receipt and approval of invoice. No invoice will be approved without receipt and approval of certified payroll records Payments to the contractor in excess of the contract amount of $403,000.00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Final Payment A 10% retention will be held for thirty-five days after the Notice of Completion is filed with the County of San Luis Obispo. The retention will be released upon the City of Atascadero's final approval and the satisfactory completion of the project. Contractor agrees that the payment of the final amount due under the Contract is contingent upon Contractor furnishing a release of all claims against the City arising by virtue of this contract. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release. TOTAL CONTRACT AMOUNT: $ 403,000.00 658615.1 DRAFT 06/4/014:33 PM B-1 SCHEDULE OF VALUES - ACH-18 PLUMBING 0000 O 0 O O OO o o OC, @ .F to <A 69 69 69 a c@i a .n. C. 0O O O O O O O 0 0 O O O O O O O O 0 0 0 0 0C. 'O o o o 0 O o O o O O O O� m va v> un f» en en 6> 6910 s e» of » 10 0 CD N 0 0 O O O O O O O O O d O O O O O Z Z@ N .� O O O'O O O O O O O O O O O O 0� CN CDO @ 69 - fA fA M 69 69 f9 fA fA (A O _U C '_ C N Q a @ p U Q Q p O O O Q Q y O O O O O O O O O O O O O O O Q O C 0 0 0 0 O O O O O O O C) 409 $ EA to 69 (A <A 69 /fl fA fA 0 V1 d U_ Q o Q �a a p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 o O o q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn m O rco ci N N O T N 0 O co 'C N r co fH O iA to EA 69 @ w 69 to fA fA CO O O 0 0 0 0 O O O O o O O O C O O c 0 0 0 0 O O O O p O O 0 O O O O O O O O �h O O O O O O O O O O o O E O O OA to to FA 6s M Ffl fH 69 to e» EA O @ H E O U O O O O O O O O O 0 0 0 O O R 0 0 0 0 O O O O O O O O O O O 69 69 EA fA di to 69 6q !fl Y3 EA 69 L U1 2 Q N O U N O O O O O 0 O O O O O O O O � Y o;� o000 0 0 0 0 0 0 0 0 C o �.:.0 OM- OM- 0 609 4A (» 6e fn b9 �» F» E'a O @ a' LL ' CD 0 0 0 0 0 0 0 0 0 0 0 0 o R U -0.;... O N O i0 00 CI m..0. O O O O O O O O 0 0 O O a0 0 0 V O O I-- N O 0 r N W Vj W O N m c0 C4 V' O 0 fA Efi NfA M L > N 696 69 U A 64 N 0 0) C C -0 O 3 US U 'B O w T o @ a� @ @ v m c vi m N 0 am) O m @ V j tia @ 5 @ Q C O 7 Q (n Q 0 d C N N V O N T 9� Y @ C O Gl -0 .@ O O .� '0 � -@ "C C Q N O Y N Q N o Q Q C a) 0 0 co Lr < _ U 3�N No@ .@0 CG ' C a m jyaO O O � imC >(CU o a> U Y 50 °N iQa3Qo `oU ) @nm u_ . U W Q N N N N N M t7 N Z C G O O a O O O O O O U 0 a W c� C� da W � � a c U) l7 C7 c7 C7 658615.1 B_2 DRAFT 06/4/01 433 PM SCHEDULE OF VALUES -ACH-18 PLUMBING 0 00 0 0 0 0 a'p -� V) V) 609» w M U a> ZQ , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ;C » of W va es 6% f9 F m 19 $ P3 .2 0 0 0 0 0 0 0 m ° C N O C m w f9 to e9 69 (9 w UVo d U. C CL 0 N CL v CL - QI a Qw O 0 0 0 0 0 o 0 0 0 0 0 o 0 0 c ,g' 64 0 0 e9 e9 0t» 069 0F9 w m CL0 CX _o E`Q LL 0 0 0 0 0 0 O N O O O ] N C y QO V 000 000 m ,C O ap O N m V V m w N N h m F9 f9 f9 EA EA H�9 D7 Vk O O O O O O 0 o O O O O O O p Q O O O O O O R Ql 69 V3 t9 f9 f9 fA ON ° U ' n y,l Q O O O o O O p E9 � 9 H3 69 60 0M a� a zN 7a is O N O C. O O3 6O9O O O ° O O O (o O .p t9 (9N O 6n E� C cl Y L _ E a 7 L m d v 0 0 0 0 0 0 0 a) 'f 0 -o 04 0 0 o n o 70 ? o v - m n cl m m m ao o Ci 0) } V UN M V N V! fA fA EA Vj f9 W C N c Y Y Cl a m O 13O O O cal U "6 O IO C N 'U 7 �: (m � a Y 7 U 7 V m m U a) C01 -`O C C O C ;? C II 3U) m N C - O U 10 O c j N U _d O N O N 2 O C N _ U im i/1 Q p a 7 0 7 U la A > 00 n 15 m ' m c p ° co v > U) T U I� al N al !-A 2 a) N N A Q 7 y y m � ay a ° Q � 7 c_ a 7 = a7 y w 7o m c � Q p Y Y o W - ° E a' � ° N ¢ c N m c m 'E v g to N O al p 0 a) N Q 7 N U N O C OZ c c c n 7 c m O E ° m o N a`Ni 'o a o u �°�pp �(p� Y u � o C,'2 ai c°'i Q � _ �-- 7 3 "O N N 'O 'O 10 pQ ` >(a N C ` O V a N 7 h L p a .. yy c Tc �, c c t m Q m Qg Lo , Q '6 („) Q d Z m 0 N 7 m V O �: O O O O O O a ¢ _... ...E Li 658615.1 DRAFT 06/4/014:33 PM B-3 SCHEDULE OF VALUES - ACH-18 PLUMBING 0 0 0 0 0 0 O O O O O O O O O O O O ca 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O >, O-p 0 0 0 0 0 0 O O O O O O O O O O O O m Vf Vf Vf Vi Vf Vf Vf Vf Vf V) Vf Vf Vi Vf Vf Vf Vf M a 9 .Q m . _Z a n L . Q w O o 0 0 0 0 o 0 o o o o 0 0 0 0 0 0 o o 0 o 0 0 0 o o o 0 0 o 0 0 0 0 0 - lo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °� 6.) Vf Vf»V> V) Vf 69 V) » E» En Vf es of Vf w en F-p m 0 0 0 0 0 0 0 0 o 0 o o 0 0 0 0 0 0 0 0 �i o o o 0 o o o o 0 0 0 0 0 0 0 o O o 0 Z Z o a N o o o 0 0 o o o O o o o o o o O O O O O U o m '� EA Vf Vf Vf Vf Vf Vf Vf V! Vf Vf Vf Vf Vf Vf Vf Vf Vf C C p � p p a N. U > 6 n n Q a m o 0 0 o 0 o o o o o 0 0 0 0 0 0 0 0 Q mm o 0 o 0 0 0 0 o o o 0 o 0 o 0 0 0 0 O c o 0 0 o o o o 0 o o o O o O O o O O �5 Vf E9 w Vi EH Elf Vf 2 Vf » Vf Vf .9 Vf Vf Vf a 'm O_ U_ E n O n LL 0 0 0 0 0 0 0 0 0 0 0 O O O o O O O 0.. 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O 0 0 0 0 0 0 O o 0 0 0 O O O O N D] O N L OO O O O o O O O O O o O O O O O O U N O (D c r m r O (D (O r m DD .-- O N 10 N O mC M (o (D m t` N NV (O m ao 7 (') N w Vf Elf Vf V9, 6-YV) Vf to Vf Vf Vf Vf Vf Vf V p� EA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 o O o O O O O O O O O o O 616 O O o O O O O O O O O O O O O 0 0 0 0O O O O O o O O O O O O v O O o o O o O O O O O O o O O O O O a o o o o O o 0 o o 0 o O o o O 0 O O b9 66 fA Vf of fA EA 6.) fA Vf f of of of Hf V) W of E XX H c X O o o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L Vf Vf Vf Vf Vf Vf Vf EA Vf Vf Vf Vf Vf Vf Vf Vf to Vf � m n c� N O E o o O O o O O 0 0 0 0 0 O O O O O O O N Y m 0 0 0 0 0 0 O O O O O O O O O O O O UI O, 00 0 0 0 0 O o o O O O o O O O O O CC O ��.p Vf Vf Vf 69 Vf Vf Vf Vf Vf Vf Vf Vf Vf Vf Vf Vf EA fA U i E a 2 R LL p a U0 0 0 0 0 0 O O O O O O O O O O O O a:: 00 00 00 00000 0 0 0 0 0 0 0 (D00ooCDo 00o00 o o 0 o m co 0 moo' o o o 0 0 0 o o o 0 0 o 0 0 0o o O -O o co V r m r O (D w r m m O N fD N c a) m M (D (D (7 ti N N - V m a0 7 m U > Vf V) Vf fA Vf Vf E9 Vf Vf E9 Vf Vf Vf H O� u) Vi C N m C E -o (D n O n c a N o_ r a? of v aL m C � m o m _ oo n Y a O a O u) Zf O _O 'n O o 1— m m n E n c f0 U Lo N o m m a`> o@ m @ m m 7 E aa) H �� $ a� o i m �° (ag o f11 � � ac N c ,F Q O r 1. c �° LL c c 1O t m O E E ca m c) o m U Z tJ m > U m Q Z: 11 m C t 'o o N y � s c o o N N '� m N Q Q � y C C C� 0 0 C C �'' c p c o N N c _ L) d V 2 f'� I"' LL LL G 02 lY F- LL J LL = LL LL 0-' o = V L 0 xc U (A d U o 0 0 0 0 o o o U o o o 0 o U U 658615.1 DRAFT 06/4/01 4:33 PM B-4 EXHIBIT C Items Provided by City • City will provide the following electric power source and be responsible for payment thereof: 1. HEAVY DUTY: 400 amp, 3 phase temporary service, Contractor to have access to temporary power panel to provide at its own expense individual power connection as required. • General lighting will be provided by the City but specific task lighting must be provided by the Contractor. • City will provide a source of water to the site, but the Contractor is responsible to provide all temporary water distribution required for the Contractor's work. • City will install and maintain throughout the construction work chemical toilet facilities for the use of all workmen on the job. • If the Contractor requires an on site temporary office, the City will provide a limited amount of office space for the Contractor in a portion of the Construction Manager's office complex. Any phone or internet service will be the responsibility of the Contractor. • Permit fees will be paid by the City of Atascadero. Any special permits required to perform this scope of work, such as deferred permits, Cal OSHA Activity Permits, AQMD Permits and all other governing jurisdictions that required permits or approvals for the execution of Contractor's scope of work shall be applied for and paid by the Contractor. 658615.1 DRAFT 06/4/014:33 PM C-1 EXHIBIT D Location Schedule iy `i p t 4 3 K t Historic Atascadero City Hall 6500 Palma Avenue Atascadero, California 93422 658615.1 DRAFT 06/4/01433 PM D-1 EXHIBIT E INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code I (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 658615.1 DRAFT 06/4/01 4:33 PM E-1 Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b)of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Additional Insured The City of Atascadero and Bernards are to be added to the policy as Additional Insured by endorsement, adding the City's and Bernards name to the Certificate of Insurance is not suffieient and will not be accepted. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 658615.1 DRAFT 06/4/014:33 PM E-2 EXHIBIT F Federal Certifications and Assurances Certification and Assurance: The subgrantee or contractor executing this certification hereby assures and certifies that it will comply with all of the applicable requirements of the following, as the same may be amended from time to time, including adding appropriate provisions to all contracts between Grantee and for-profit Subgrantees or Contractors: (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (Al contracts in excess of $10,000) (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) (4) Compliance with the Copeland "Anti-Kickback" Act (18 U-S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction or repair) (5) Compliance - This project is NOT subject to Davis Bacon Act requirements — State of California prevailing wage determinations and labor regulations apply. (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. Atascadero Historic city Hall Project BP-ACH-18 Plumbing Project Manual-Part B City Bid tato.2011-004 658615.1 DRAFT 06/4/014:33 PM F- (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of snaring audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make Final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 3036 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.G. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance wif) the Energy Policy and Conservation Act(Pub. 1__94-163, 89 Stat. 871). The information contained in this certification is true and accurate, to the best of my knowledge. Name of Subgrantee or Contractor Name and Ccsi tract Number: Signature of Authorized Certifying Title: ` pate: Offic7_3 to iti WARNING: Section 1001 of the Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat.967) applies to this certification. 18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing knowing the same to contain any false, fictitious or fraudulent statement or entry, in any matter within jurisdiction of any department or agency of the United States, shall be fined no more than $10,000 or imprisoned for not more than five years, or both. Atascadsra Historic City Hatt Project BP-ACH-18 Plumbing Project Manual-Part S City Bid No.2011-001 16 rev 5/1/06 F-2 792119.3 CITY OF ATASCADERO LABOR COMPLIANCE PROGRAM CHECKLIST OF LABOR LAW REQUIREMENTS FOR REVIEW AT PRE-CONSTRUCTION CONFERENCE (In accordance with CCR Section 16421 and 16430) Federal and State labor law requirements applicable to the contract are composed of, but not limited to, the following: 1. Payment of Prevailing Wage Rates The award of this public works contract requires that all workers employed on this project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors. The contractor is responsible to obtain and comply with all applicable general prevailing wage rates for trades workers and any rate changes which may occur during the term of the contract. Prevailing wage rates and rate changes are to be posted at the job site for workers to view. 2. Apprentices It is the duty of the contractor and subcontractors to employ registered apprentices on this public works project per Labor Code Section 1777.5. 3. Penalties Penalties,including forfeitures and debarment, shall be imposed for contractor/subcontractor failure to pay prevailing wages, failure to maintain and submit upon request accurate certified payroll records, failure to employ apprentices and failure to pay employees for all hours worked at the correct prevailing wage rate in accordance with Labor Code Sections 1775, 1776, 1777.7, and 1813. 4. Certified Payroll Records Per Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number and work classification of each employee; the straight time and overtime hours worked each day and each week; the fringe benefits; and the actual per diem wages ..paid to each journeyperson, apprentice, worker or other employee hired in connection with this public works project. 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 to his or her authorized representative on request. Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly. If there has been no work performed during a given week, the Certified Payroll Record for that week shall be annotated, "No Work." 5. Nondiscrimination in Employment Prohibitions against employment discrimination are contained in Labor Code Sections 1735 and 1777.6; the Government Code; the Public Contract Code; and Title VII of the Civil Rights Act of 1964, as amended. All contractors and subcontractors are required to implement equal employment opportunities as delineated below: Equal Employment Poster The equal employment poster shall be posted at the job site in a conspicuous place visible to employees and employment applicants for the duration of the project. Records The contractor and each subcontractor shall maintain accurate records of employment information as required by the Monthly Employment Report. This report shall specify ethnicity and gender for each employee in a craft, trade or classification. Reports A Monthly Employment Report for the contractor and for each of its subcontractors is required to be completed and submitted each month by no later than the fifth.day of that month. Reports are to be for the previous month's work and are to be project specific. If no work was performed during that month, the form shall clearly state "No Work." 6. Kickback Prohibited Per Labor Code Section 1778, contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting "kickback" from employee wages. 7. Acceptance of Fees Prohibited Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work [Labor Code Section 1779] or for filling work orders on public works contracts [Labor Code Section 1780]. 8. Listing of Subcontractors Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one- half of one percent (0.5%) of the total effort [Government Code Section 4100, et seq.]. 9. Proper Licensing Contractors and subcontractors are required to be properly licensed.Penalties will be imposed for employing workers while unlicensed [Labor Code Section 1021 and Business and Professions Code Section 7000, et seq. under California Contractors License Law]. 10. Unfair Competition Prohibited Contractors and subcontractors are prohibited from engaging in unfair competition [Business and Professions Code Sections 17200-17208]. 11. Workers' Compensation Insurance All contractors and subcontractors are required to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of Labor Code Section 3700 [Labor Code Section 1861]. 12. OSHA Contractors and subcontractors are required to comply with the Occupational, Safety and Health laws and regulations applicable to the particular public works project. " 13. Itemized Wage Statements Contractors and subcontractors are required to observe Labor Code section 226 and provide itemized wage statements to employees. In accordance with Federal and State laws, and with City policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein. For the Contractor: For the City of ATASCADERO Signature Cate Signature Date Printed Name Printed Name RETURN THIS FORM WITH CONTRACT CITY OF ATASCADERO (1)Pay not less than the prevailing wage to all PREVAILING WAGE workers, as defined in CCR's section 16000(a), CONTRACTOR HANDOUT and as set forth in Labor Code Sections 1771 and 1774; (2)Comply with the provisions of Labor Code THE PUBLIC WORKS REQUIREMENTS Sections 1773.5, 1775, and 1777.5 regarding ARE: public works job sites; (A) the appropriate number of apprentices is on (3) Provide workers' compensation coverage as the job site, as set forth in Labor Code Section set forth in Labor Code Section-1861; 1777.5. (4) Comply with Labor Code Sections 1778 and (B)worker's compensation coverage, as set forth 1779 regarding receiving a portion of wages or in Labor Code Sections 1860 and 1861. acceptance of a fee; (C)keep accurate records of the work performed (5)Maintain and make available for inspection on the public works project,as set forth in Labor payroll records, as set forth in Labor Code Code Section 1812. Section 1776; (D) inspection of payroll records pursuant to (6) Pay workers overtime pay, as set forth in Labor Code Section 1776, and as set forth in 8 Labor Code Section 1815 or as provided in the CCR Section 16400(e). collective bargaining agreement adopted by the (E)other requirements imposed by law. Director as set forth in 8 CCR Section (5) Withhold monies. See Labor Code Section 16200(a)(3); and 1727. (7) Comply with Section 16101 of these (6) Ensure that public works projects are not regulations regarding discrimination. split or separated into smaller work orders or (8) Be subject to provisions of Labor Code projects for the purpose of evading the Section 1777.7, which specifies the penalties, applicable provisions of Labor Code Section imposed on a contractor who willfully fails to . 1771. comply with provisions of Section 1777.5. (7) Deny the right to bid on public work (9) Comply with those requirements as specified contracts to contractors or subcontractors who in Labor Code Sections 1810 and 1813. have violated public work laws, as set forth in (10) Comply with other requirements imposed Labor Code Section 1777.7. by law. (8) Not permit workers on public works to work more than eight hours a day or 40 hours in any APPRENTICE TRAINING one calendar week, unless compensated at not SEE LABOR CODE SECTION 1777.5 (e) less than time and a half as set forth in Labor (e)Prior to commencing work on a contract for Code Section 1815. public works, every contractor shall submit Exception:If the prevailing wage determination contract award information to an applicable requires a higher rate of pay for overtime work apprenticeship program that- can supply than is required under Labor Code Section 1815, apprentices to the site of the public work. The then that higher overtime rate must be paid (as information submitted shall include an estimate t specified in 16200(a)(3)(F)]. of journeyman hours to be performed under the (9) Not take or receive any portion of the contract, the number of apprentices proposed to workers' wages or accept a fee in connection be employed, and the approximate dates the with a public works project,as set forth in Labor apprentices would be employed. A copy of this Code Sections 1778 and 1779. information shall also be submitted to the (10) Comply with those requirements as awarding body if requested by the awarding specified in Labor Code Sections 1776(g), body. Within 60 days after concluding work on 1777.5, 1810, 1813, and 1860. the contract, each contractor and subcontractor shall submit to the awarding body, if requested, THE CONTRACTOR AND and to the apprenticeship program a verified SUBCONTRACTOR statement of the journeyman and apprentice SHALL: hours performed on the contract. The (c)Training contributions to the Council shall be information paid under this subdivision shall be public.The by check and shall be accompanied by a apprenticeship programs shall retain this completed CAC-2 Form, Training Fund information for 12 months. Contributions, (Rev. 10/91), or the following information: APPRENTICE TRAINING (1)The name, address, and telephone number of CONTRIBUTION REQUIREMENTS the contractor making the contribution. (2)The contractor's license number. SEE CALIFORNIA CODE OF (3) The name and address of the public agency REGULATIONS: that awarded the contract. TITLE 8,ARTICLE 4, (4) The jobsite location, including the county 16200(G) Wage rates, training contributions where the work was performed. and apprenticeship contributions. (5)The contract or project number. Apprenticeship rates shall be determined by the (6)The time period covered by the enclosed Director of Industrial Relations using apprentice contributions. wage standards set forth in the collective (7) The contribution rate and total hours worked bargaining agreement and/or approved by the by apprenticeable occupation. California Apprenticeship Council. A contractor or CERTIFYING PERSON subcontractor on a public works contract must SEE CALIFORNIA CODE OF pay training fund contributions or apprenticeship REGULATIONS: contributions in one of the following manners: TITLE 8,GROUP 3,ARTICLE 1,16000 1. into the appropriate craft apprenticeship DEFINITIONS. program in the area of the site of the public A personwith the authority to affirm ,under work; or 2. (if the trust fund is unable to accept penalty of perjury that the .records. -provided, such contributions) an equivalent amount shall depict truly, fully and correctly the type of work be paid to the California Apprenticeship Council performed,the hours worked, days worked and (CAC)administered by DAS. amounts paid. 3. If neither of the above will accept the funds, cash pay shall be as provided for in ccr's section CHANGES TO PREVAILING .RATE 16200(a)(3)(I). AFTER AWARD SEE CALIFORNIA CODE OF REGULATIONS: SEE LABOR CODE SECTION: 1773.6 TITLE 8, ARTICLE 10,SECTION 230.2 No effect once the contract notice to bidders §230.2.Payment of Apprenticeship Training is published. Contributions to the Council. 1773.6. If during any quarterly period the (a) Contractors who are neither required nor Director of Industrial Relations shall determine wish . to make apprenticeship training that there has been a change in any prevailing contributions to the applicable local training rate of per diem wages in any locality he shall trust fund shall make their training contributions make such change available to the awarding . to the Council. Contractors may refer to the body and his determination shall be final. Such Director of the Department of Industrial determination by the Director of Industrial Relations applicable prevailing wage Relations shall not- be effective as to .any determination for the amount owed for each contract for which the notice to.bidders has been hour of work performed by journeymen and published.Exceptions; classifications marked as apprentices in each apprenticeable occupation. a double asterisks. (b)Training contributions to the Council are due and payable on the 15th day of each month for work performed during the preceding month. provided in.this chapter, shall be paid to all workers employed on public works. CREDITS,FOR FRINGE BENEFIT 1772. Workers employed by contractors or PAYMENTS subcontractors in the execution of any contract SEE CALIFORNIA CODE OF for public work are deemed to be employed REGULATIONS: upon public work. TITLE 8, GROUP 3,ARTICLE 4, 1776. (a) Each contractor and subcontractor 16200(1) Credit Available For Actual Payment shall keep an accurate payroll record, showing of Fringe Benefit Costs up to the Prevailing the name, address, social security number, work Amount. classification, and straight time and overtime The contractor obligated to pay the full hours worked each day and week, and the actual prevailing rate of per diem wages may take per diem wages paid to each journeyman, credit for amounts up to the total of all fringe apprentice, worker, or other employee employed benefit amounts listed as prevailing in the by him or her in connection with the public appropriate wage determination. This credit may work. be taken only as to amounts, which are actual payments under Employer Payments Section EMPLOYER PAYMENTS 16000(1)-(3). In the event the total of Employer SEE CALIFORNIA CODE OF Payments by a contractor for the fringe benefits REGULATIONS: listed as prevailing is less than the aggregate TITLE 8,ARTICLE 1, SECTION 16000 amount set out as prevailing in the wage DEFINITIONS determination, the contractor must pay the (1) The rate of contribution irrevocably made by difference directly to the employee. No amount a contractor or subcontractor to a trustee or to a of credit for payments over the aggregate third person pursuant to a fund,plan, or program amount of employer payments shall be taken nor for the benefit of employees, their families and shall any credit decrease the amount of direct dependents, or retirees; payment of hourly wages of those amounts (2) The rate of costs to the contractor or found to be prevailing for straight time or subcontractor which may be reasonably overtime wages. anticipated in providing benefits to employees, And memo from the Division of Industrial their families and dependents or to retirees Relations dated 11-15-90. pursuant to an enforceable -commitment or THE RULE: agreement to carry out a financially responsible The contractor can pay amounts for individual plan or program which was communicated in benefits different than the state shows in the writing to the workers affected; and wage reports so long as it is not more than the (3) The rate of contribution irrevocably made by total amount permitted for all benefits. Any the contractor or subcontractor for contractor paid amount less than the total benefit apprenticeship or other training programs requirements listed in the state wage reports authorized by Section 3071 and/or 3093 of the must be paid to the employee. Labor Code. EMPLOYEES SUBJECT TO PREVAILING FRINGE BENEFIT PAYMENT WAGES REQUIREMENTS SEE LABOR CODE SECTION 1771, 1772 & SEE CALIFORNIA CODE OF 1776 REGULATIONS: . 1771. Except for public works projects of one TITLE 8, GROUP 3,ARTICLE 1, 16000 thousand dollars ($1,000) or less, not less than DEFINITIONS the general prevailing rate of per diem wages for All fringe benefits must be irrevocably paid to work of a similar character in the locality in an authorized fund or to the employee. No which the public work is performed, and not less unpaid amounts are allowed. than the general prevailing rate of per diem wages for holiday and overtime work fixed as (2) Contract administration, operation of hiring halls, FRINGE BENEFITS INCLUDE grievance processing, or similar purposes except CALIFORNIA CODE OF REGULATIONS: for those amounts specifically earmarked and TITLE actually used for administration of those types of 8, ARTICLE 1, SECTION 16000. employee or retiree benefit plans enumerated DEFINITIONS above; 3) The prevailing rate of employer payments for (3) Union, organizational,professional or other any or all programs or benefits for employees, dues except as they may be included in and their families and dependents, and retirees which withheld from the basic taxable hourly wage are of the types enumerated below: rate; (A) medical and hospital care, prescription (4)Industry or trade promotion; drugs, dental care, vision care, diagnostic (5)Political contributions or activities; services, and other health and welfare benefits; (6)Any benefit for employees,their families and (B)retirement plan benefits; dependents, or retirees including any benefit (C)vacations and holidays with pay, or cash enumerated above where the contractor or payments in lieu thereof, subcontractor is required by Federal, State, or (D) compensation for injuries or illnesses local law to provide such benefit; or resulting from occupational activity; (7) Such other payments as the Director may (E) life, accidental death and dismemberment, determine to exclude. Interested Party. When and disability or sickness and accident used with reference to a particular prevailing insurance; wage determination made by the Director, (F) supplemental unemployment benefits; includes: (G) thrift, security savings, supplemental trust, and beneficial trust funds otherwise designated, PAYROLL RECORDS INCLUDE provided all of the money except that used for CALIFORNIA.CODE OF REGULATIONS: reasonable administrative expenses is returned to TITLE the employees; 8,ARTICLE 1, SECTION 16000. (H) occupational health and safety research, DEFINITIONS safety training, monitoring job hazards, and the All time cards, cancelled checks, cash receipts, like, as specified in the applicable collective trust fund forms, books, documents, schedules, bargaining agreement; forms, reports,receipts or other evidences which (1) See definition of"Employer Payments,"(3). reflect job assignments, work schedules by days (J)other bonafide benefits for employees,their and hours, and the disbursement by way of cash, families and dependents, or retirees as the check, or in whatever form or manner, of funds Director may determine; and to a person(s) by job classification and/or skill (4) travel time and subsistence pay as provided pursuant to a public works project. for in Labor Code Section 1773.8. PERSONS REQUIRED TO RECEIVE PREVAILING WAGES FRINGE BENEFITS DO NOT INCLUDE SEE LABOR CODE SECTIONS: t CALIFORNIA CODE OF REGULATIONS: 1771. shall be paid to all workers employed on TITLE public works. 8,ARTICLE 1, SECTION 16000. 1774.The contractor,lo�whom the contract is DEFINITIONS awarded, and any subcontractor under him, shall (b)The term"general prevailing rate of per diem pay not less than the specified prevailing rates of wages"does not include any employer payments wages to all workmen employed in the execution for: of the contract. (1) Job related expenses other than travel time and subsistence pay; whose payroll records are delinquent- or inadequate,plus any . WITHHOLDING PAYMENTS, additional amount that the Labor Compliance JUSTIFICATION Program has reasonable cause to believe may be SEE LABOR CODE SECTION: 1727& needed to cover a back wage and penalty 1771.5(b),(5) assessment against the contractor or SEE CALIFORNIA CODE OF subcontractor whose payroll records are REGULATIONS: delinquent or inadequate; provided that a TITLE 8,ARTICLE 5, SECTION contractor shall be required in turn to cease all payments to a subcontractor whose payroll 16435(a) "Withhold" means to cease payments records are delinquent or inadequate until the by the awarding body, or others who pay on its Labor Compliance program provides notice that behalf, or agents, to the general contractor. the subcontractor has cured the delinquency or Where the violation is by a subcontractor, the deficiency. general contractor shall be notified of the nature (f) When contract payments are withheld under of the violation and reference made to its rights this section, the Labor Compliance Program under Labor Code Section 1729. shall provide the contractor and subcontractor, if (b) "Contracts." Except as otherwise provided applicable, with immediate written notice that by agreement, only.contracts under a single includes all of the following: master contract, or contracts entered into as (1) a statement that payments are being withheld stages of a single project, may be the subject of due to delinquent or inadequate payroll records, withholding. and that identifies what records are missing or (c) "Delinquent payroll records" means those states why records that have been submitted are not submitted on the date set in the contract. deemed inadequate; (d) "Inadequate payroll records" are any one of (2) specifies the amount being withheld; and the following: (3)informs the contractor or subcontractor of the (1)A record lacking the information required by right to request an expedited hearing to review Labor Code Section 1776; the withholding of contract payments under (2) A record which contains the required Labor Code Section 1742, limited to the issue of information but not certified, or certified by whether the records are delinquent or inadequate someone not an agent of the contractor or or the Labor Compliance Program has exceeded subcontractor; its authority under this section. (3) A record remaining uncorrected for one (g) No contract payments shall be withheld payroll period, after the awarding body has solely on the basis of delinquent or inadequate given the contractor notice of inaccuracies payroll records after the required records have detected by audit or record review. Provided, been produced. however, that prompt correction will stop any (h)In addition to withholding contract payments duty to withhold if such inaccuracies do not based on delinquent or inadequate payroll amount to 1 percent of the entire Certified. records, penalties shall be assessed under Labor Weekly Payroll in dollar value and do not affect Code Section 1776(g) for failure to timely more than half the persons listed as workers comply with a written request for certified employed on that Certified Weekly Payroll,as payroll records. The assessment of penalties defined in Labor Code Section 1776 and Title 8 under Labor Code Section 1776(g) does require CCR Section 16401. the prior approval ofthe Labor Commissioner (e)The withholding of contract payments when under section 16436 of these regulations. 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 Welcome to the California : DEPARTMENT OF INDUSTRIAL RELATIONS Workplace postings In California,all employers must meet workplace posting obligations.Workplace postings are usually available.at no cost from the requiring agency.The Department of Industrial Relations requires employers to post information related to wages,hours and working conditions in an area frequented by employees where it may be easily read during the workday.Additional posting requirements apply to some workplaces.For a list of available safety and health postings,visit the Cal/OSHA publications page. Click here for answers to frequently asked questions about workplace postings. The database permitting ordering of hard copies of the postings is currently unavailable.All titles below with a direct link to the posting may be downloaded from the Internet.Downloaded posters meet an employer's legal obligation. If you need more than five copies of any posting,please fax your order to(415)703-4807. Posting Additional information and quantity needed Who must post Industrial Welfare IWC wage orders regulate wages,hours and working conditions and are All employers Commission(IWC) numbered by industry or occupation group.Not sure which order you need?Use wage orders the alphabetical index of businesses and occupations to make that determination. Labor Code section 1183(d) Minimum wage Sets forth California's minimum wage and can be downloaded in English and All employers (state) Spanish. Payday notice Must specify the regular paydays and the time and place of payment.An All employers employer-developed notice is permitted. Labor Code section 207 Safety and health Contains pertinent information regarding safety rules and regulations.Available in All employers protection on the iob English and Spanish. Labor Code section 6328;poster print date:Feb 201-0 Emergency phone Lists emergency responders'phone numbers. All employers numbers Title 8,California Code of Regulations,Construction Safety Orders section 1512 (e) Access to medical Provides information about rights of employees working with hazardous/toxic All employers using and exposure substances.Available in English and Spanish. hazardous or toxic records substances Title 8,California Code of Regulations,General Industry Safety Order section 3204 Operating Rules for Employers using industrial trucks shall post and enforce a set of operating rules. Employers operating Industrial Trucks Available in English and Spanish. forklifts and other types of industrial trucks or tow Poster print date:April 2007 tractors Notice to employees Advises employees of workers'compensation benefits.Claims administrators and All employers =ininjuries caused by employers need to revise the notice they are currently using and send it to the work DWC administrative director for review and approval or they may download and use this version.NOTE:Employers may obtain professionally printed copies of the poster and workers'comp claim form from their claims administrator. Title 8,California Code of Regulations,Division of Workers'Compensation.section 9810 Notice of workers' States the name of the employer's current compensation insurance carrier,or the All employers compensation carrier fact that the employer is self-insured.Obtained from the employer's workers' and coverage compensation insurance carrier. http://www.dir.ca.gov/wpnodb.html 10/28/2010 Labor Code section 3550 Whistleblower Must be prominently displayed in lettering larger than size 14 type and include a All employers protections list of employee rights and responsibilities under the whistleblower laws,including the telephone number of the whistleblower hotline maintained by the office of the California Attorney General. The Division of Labor Standards Enforcement has prepared a sample posting that it believes meets the requirements of Labor Code Section 1102.8(a),except for being larger than size 14 type.To view this sample,click here()-Pdf)(®Doc):This sample is not the only option though,as employers are free to develop their own posting. Labor Code section 1102.8 No smoking signage Signage must be posted designating where smoking is prohibited/permitted in a All employers place of employment.This law is enforced by local law enforcement agencies. Labor Code section 6404.5(c)(1) Log and summary of Form 300 is for logging recordable injuries,form 301 is for collecting details and Employers with 11 or occupational injuries form 300A is the annual summary form.All three forms are available in various more employees in the and illnesses downloadable formats with instructions on the Cal/OSHA publications page. previous year Title 8,California Code of Regulations,Division of Labor Statistics and Research sections.14300 et seq. Farm labor contractor Reference DLSE poster 445.Must be displayed prominently where work is to be Farm labor contractors statement of pay performed and on all vehicles used by the licensee for transportation of licensed by the Division rates employees.Must be at least 12 inches high and 10 inches wide. of Labor Standards Enforcement(DLSE) The downloaded version of this posting may not comply with the law as it may not be at least 12 inches high and 10 inches wide. Labor Code section 1695(7) Prevailing wa a rate The body awarding any contract for public work or otherwise undertaking any Public works awarding determinations public work shall cause a copy of the prevailing wage determination for each craft, bodies and contractors classification or type of worker needed to execute the contract to be posted at each job site. Labor Code section 1773.2 In addition to postings required by the Department of Industrial Relations,other state and federal agencies have posting obligations. Additional requirements include(this list is not all inclusive): Posting Additional information Who must post Discrimination and The latest information can be obtained from the Department of Fair All employers Harassment in Employment Employment and Housing(DFEH),reference number 162,available in are Prohibited by Law English and Spanish. 1 (800)884-1684 Fair Employment and Housing Act,Government Code section 12900 et seg. Pregnancy disability leave The latest information can be obtained from the Department of Fair Employers of five to 49 Employment and Housing DFEH ,reference notice A. employees 1 (800)884-1684 Title 2,California Code of Regulations section 7291.16(d) Family care and medical The latest information can be obtained from the Department of Fair All employers with 50 leave(CFRA leave)and Employment and Housing(DFEH),reference notice B. or more employees pregnangy disability leave 1 (800)884-1684 and all public agencies Title 2,California Code of Regulations sections 7297.9 and 7291.16(e) Notice to employees Advises employees of potential unemployment insurance,disability insurance All employers and paid family leave insurance benefits.The latest information can be obtained from the Employment Development Department,reference number http://www.dir.ca.gov/wpnodb.html 10/28/2010 DE 1857A;also available in Spanish,Vietnamese,and Chinese. (916)322-2835. Notice to employees: The latest information can be obtained from the Employment Development. All employers unemployment insurance Department,reference number DE 1857D;also available in Spanish, benefits Vietnamese,and Chinese. (916)322-2835. Notice to employees:time Not less than 10 days before every statewide election,every employer shall All employers off to vote keep posted conspicuously at the place of work,if practicable,or elsewhere where.it can be seen as employees come or go to their place of work,a notice setting forth the provisions of section 14000. Elections Code section 14001 et seq. Equal employment Includes Americans with Disabilities Act(ADA)poster.The latest information All employers opportunity rtunity is the law can be obtained from the U.S.Equal Employment Opportunity Commission. 1 (800)669-3362 Minimum wage(federal Fair The latest information can be obtained from the U.S.Deepartment of Labor, All employers Labor Standards Act) reference number WH 1088. (415)744-5590 Notice:Employee Polygraph The latest information can be obtained from the U.S. Department of Labor, All employers Protection Act reference number WH 1462.Also available in Spanish. (415)744-5590 Family and Medical Leave The latest information can be obtained from the U.S. Department of Labor, All employers with 50 Act(federal FMLA) reference number WH 1420.Also available in Spanish. or more employees (415)744-5590 and all public agencies Back to the DIR home page Conditions of Use I Privacy Policy Copyright©2010 State of California http://wwv.dir.ca.gov/wpnodb.html 10/28/2010 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: �A � 1,4 � Gt`�d�1 1 J PROJECT NUMBER: This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Preconstruction Conference, the State and Federal labor standards clauses pertaining to the subject project and the U.S. Department of Labor Wage Determination and State Department of Industrial Relations' wage determinations in effect as required pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: SCS L . ',t-i"ret L Payroll Officer (Name) Payroll Officer Signat ) -7 -7 — IRS Employer Identification Number Can—trador/Subodritractor B Y Signatu e Title Phone Number Date RETURN THIS FORM WITH CONTRACT