HOUSING AUTHORITY OF THE CITY OF LOMITA SEALED BID INVITATION FOR CONSTRUCTION SERVICES IFB NO. 2019-1 AT 24925 WALNUT STREET LOMITA, CA 90717 City of Lomita Housing Authority Attn: Damien Delany, Project Manager 24300 Narbonne Ave. Lomita CA 90717 Telephone: 562-200-7177 or 310-408-5052 Notice Release: July 5, 2019 Mandatory Pre-bid meeting: July 10, 2019, 10:00 a.m. at the project site: 24925 Walnut Street, Lomita, CA 90717 Deadline for Submission: July 16, 2019, 10:00 a.m.
Transcript
HOUSING AUTHORITY OF THE
CITY OF LOMITA
SEALED BID INVITATION FOR CONSTRUCTION SERVICES
IFB NO. 2019-1 AT 24925 WALNUT STREET
LOMITA, CA 90717
City of Lomita Housing Authority Attn: Damien Delany, Project Manager 24300 Narbonne Ave. Lomita CA 90717 Telephone: 562-200-7177 or 310-408-5052
Notice Release: July 5, 2019 Mandatory Pre-bid meeting: July 10, 2019, 10:00 a.m. at the project site:
24925 Walnut Street, Lomita, CA 90717 Deadline for Submission: July 16, 2019, 10:00 a.m.
HOUSING AUTHORITY OF THE CITY OF LOMITA, CALIFORNIA
NOTICE INVITING SEALED BIDS NOTICE IS HEREBY GIVEN that the City of Lomita Housing Authority, County of Los Angeles, California (hereinafter “Authority”) will receive sealed bids at the Office of the City Clerk, City Hall, 24300 Narbonne Avenue, Lomita CA 90717 until 10:00 AM on Tuesday, July 16, 2019 for:
CONSTRUCTION SERVICES IFB NO. 2019-1 AT
24925 WALNUT STREET LOMITA, CA 90717
Bids received by the Authority after the date and time specified above will not be accepted and will be returned unopened. This project consists of construction services identified in the attached Exhibit A. This is a federally assisted construction project and Federal Labor Standards, including Davis-Bacon Act requirements, will be enforced. A contractor working on a federally assisted project must be eligible to participate in the award of that contract. The contractor shall adopt the current federal and/or state general prevailing rates of wages applicable to the work to be done. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at http://www.dir.ca.gov/Public-Works/PublicWorks.html. If Federal and State wage rates are applicable, then the higher of the two will prevail. At the request and expense of the Contractor, securities equivalent to the five percent (5%) to be withheld from progress payments pursuant to the City’s Standard General Conditions shall be deposited with the City Clerk or a state or federally charted bank as the escrow agent, who shall pay such monies to the contractor upon satisfactory completion of the contract. Securities eligible for investment shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereof.
Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond made payable and assigned to the City of Lomita Housing Authority in an amount not less than ten percent (10%) of the submitted Total Bid Price. The bid security shall be provided as a guarantee that within ten (10) calendar days after the Authority provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with the Authority. The successful bidder will be required to furnish the Authority with a Performance Bond equal to 100% of the successful bid, and a Payment Bond (Material and Labor) equal to 100% of the successful bid, prior to the execution of the contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined, in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Plans and specifications may be obtained from the Authority’s website at no charge, at the Office of the City Clerk, 24300 Narbonne Avenue, Lomita, CA during the hours of 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on alternate Fridays. Addenda will be posted on the Housing Authority page of the City of Lomita website (http://www.lomita.com/cityhall/), but it shall be the Bidder’s responsibility to inquire for any addenda to this Notice prior to submitting their bids. Bids must be completed in ink or in typewritten form and submitted on the Authority’s forms furnished herewith. Bids must be prepared and submitted in the manner prescribed in the Instructions to Bidders. A bid in which the signature of the proposer has been omitted will be rejected. An alteration of, or addition to, the form of proposal, which qualifies the proposal, will invalidate it. The Authority reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive and responsible bidder. The contractor shall possess a valid State of California Contractors License, Class A. All work shall be completed within 60 working days from the date of the Notice to Proceed (“NTP”). A mandatory pre-bid meeting at the project site, 24925 Walnut Street, Lomita, CA 90717 will be held on July 10, 2019 at 10:00 a.m. All questions regarding this bid must be submitted in writing on or before 3:00 PM on July 11, 2019, to the Project Manager, via email at [email protected]. Kathleen Hill City Clerk
Published in Daily Breeze on July 5 & July 10, 2019
INSTRUCTIONS TO BIDDERS
Award of Bid In accordance with the Lomita Municipal Code, the Authority reserves the right to reject any and all bids received, to take all bids under advisement for a period not-to-exceed ninety (90) days after date of opening thereof, to waive any informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received. The award of the contract, if it is awarded, will be made to the lowest responsive and responsible bidder whose bid complies with all the prescribed requirements. Competency of Bidders The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. The Bidder shall furnish statements of previous experience on similar work. All Bidders shall be required to demonstrate to the satisfaction of the Authority that they have adequate financial resources, experienced personnel, and expertise to perform the services required by these specifications. No contract will be awarded to any Bidder who, as determined by the Authority, has an unsatisfactory performance record, inadequate experience, or lacks the necessary capital, organization, and equipment to conduct and complete the services in strict accordance with the specifications. When requested, the Bidder shall also provide any other such documentation as may be required by the Authority to determine if the Bidder is responsible. A “Responsible Bidder” is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity and experience to satisfactorily perform the work. The Authority reserves the right to further negotiate the terms and conditions of a contract. The Authority shall preserve the right to reject any proposal for noncompliance with bidding requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the Authority. A contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. A contract may not be awarded to the lowest respondent. The Authority does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the needs of the Housing Authority. Contractor's License At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code with a Class A license. The Authority reserves the right to award a contract to a contractor with another class if the Authority determines that the license is proper for the work.
Bidder’s Security Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond made payable and assigned to the City of Lomita Housing Authority in an amount not less than ten percent (10%) of the submitted Total Bid Price. The bid security shall be provided as a guarantee that within ten (10) calendar days after the Housing Authority provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with the Authority. Bonds The successful bidder will be required to furnish the Authority with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to the execution of the contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined, in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Labor Code – SB 854 SB 854 amended the Labor Code to require all contractors bidding on public work to register with the Department of Industrial Relations (DIR) and to pay an annual fee. The registration requires contractors to provide the State with evidence of the contractors' compliance with a number of statutory requirements. The registration requirement took effect on July 1, 2014. Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public work on or after March 1, 2015. Similarly, a public entity cannot award a public work contract to a non-registered contractor, effective April 1, 2015. Also refer to Section 7-2.6 of the Special Provisions. Prevailing wage
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD Permits, licenses and public works agreement The Contractor shall procure and execute all permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. The Contractor shall execute a Public Works Agreement. A no fee Excavation Permit will be issued by the City of Lomita for this project. The Contractor shall obtain a City of Lomita Business License.
Insurance
The Contractor shall maintain Automobile Liability, General Liability and Workers' Compensation Insurance as specified in the Public Works Agreement included in the Project Specifications. Mandatory Pre-Bid Meeting Prior to submitting a Bid, the Contractor shall attend the mandatory pre-bid meeting July 10, 2019, 10:00 a.m. at the project site: 24925 Walnut Street, Lomita, CA 90717. Bid Submission Requirements Prior to submitting a Bid, the Contractor shall carefully read the Scope of Work, and satisfy itself that it has the abilities and resources to complete the Work. Each Bidder shall meet all of the specifications, bid terms and conditions, and all addenda. The Bidder agrees that if it is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the contract template attached as Exhibit B, the nature and amount of the work, and the physical and climatic conditions of the work site. The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment and incidentals, that are implied or required for the complete improvements as specified in the attached Scope of Work. All prices submitted will be considered as including any and all sales or use taxes. The Bid Proposal must be completed in ink or in typewritten form and submitted on the blank forms furnished herewith. A proposal in which the signature of the proposer has been omitted will be rejected. An alteration of, or addition to, the form of proposal, which qualifies the proposal, will invalidate it. The bid sum and all bid amounts on the form must be stated in words and numerals; in case of a conflict, words will take precedence. It is the responsibility of the proposer to inquire as to the issuance of any addenda prior to the submittal of the proposal. Responses must include the following completed, executed and submitted with the Bid by the Contractor: 1. Proposer’s Statement of Qualifications 2. Cost Proposal 3. Completed Bid Documents attached as Exhibit B Each proposal submitted shall be presented under sealed cover, and must be filed prior to the time and at the place designated in the Notice Inviting Sealed Bids. Bids must be submitted in a sealed envelope which is plainly marked on the outside with the following: “ATTN: SEALED BID FOR CONSTRUCTION SERVICES IFB NO. 2019-1.” Sealed bids shall state the Bidder’s name and address, and shall be clearly addressed as follows:
City of Lomita Housing Authority Attn: IFB NO. 2019-1 24300 Narbonne Ave. Telephone: (310) 325-7110 x 119 Email: [email protected] The Authority will receive sealed bids at the Office of the City Clerk, City Hall, 24300 Narbonne Avenue, Lomita CA 90717 until 10:00 AM on Wednesday, July 16, 2019. Bids received by the Authority after the date and time specified above will not be accepted and will be returned unopened. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. Submission of One Bid Only No individual or business entity of any kind shall be allowed to submit more than one bid. Bid Withdrawal
A Bidder may withdraw its bid without prejudice prior to the time specified for the bid opening by submitting a written request to Damien Delany (contact information above) for its withdrawal. If this occurs the bid will be returned to the bidder unopened.
Execution of Contract After the Contract is awarded, the awardee shall execute the following documents within ten (10) calendar days after notice of the award has been sent by mail to the address given in the proposal or within ten (10) calendar days after receipt by bidder of oral communication of the intent to award, whichever occurs first: 1) Contract - Public Works Agreement 2) Construction or Service Contract Endorsement 3) Workers' Compensation Insurance Certificate 4) Verification of Insurance Coverage (Certificates and Endorsements) 5) Construction Permit Application Form 6) Business License Application Form The successful bidder will be required to furnish the Authority with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to the execution of the contract. Failure to Accept Contract If upon notification of intent to award the bid by the Authority, the awardee fails to enter into the Contract within the specified time period, the pending award will be annulled. Any bid security will be forfeited in accordance with these Bid Terms and Conditions if a bidder's bond or security
is required. An award may be made to the next lowest responsive and responsible bidder who shall fulfill every term and condition of the bid. Pre-Bid Inquiries All questions regarding this bid must be submitted in writing on or before 3:00 PM on July 11, 2019, to the Project Manager, via email at [email protected]. Questions received after this date may not be considered. The Authority reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the Specifications. Exhibits Exhibit A: Scope of Work Exhibit B: Bid Documents Exhibit C: Public Works Agreement Template
EXHIBIT A
SCOPE OF WORK
SCOPE OF WORK Bid 2019-1: Concrete, Balcony, Parking Lot Repairs at 24925 Walnut Street, Lomita, CA 90717
1. Concrete a. Pour approximately 1,000 square feet of Concrete on Parking lot area. b. Saw cut as needed on south side of the existing concrete, approximately 20 lineal feet. c. Remove the existing damaged/cracked concrete 50’x20’ totaling approximately 1,000
square feet. d. Form area as needed for 6” of concrete. Area must be well compacted before concrete. e. Install #4 rebar 24” on center. Dowell into existing concrete and place #4x18” rebar
every 4 feet. f. Pour 6” max of 3,000 psi 1” concrete, and finish with light broom finish. g. Repair concrete and asphalt union with a fine grade and pave approximately 20’ lineal
feet. With 3.6” of 3/8 asphalt along the edge of new concrete roll and compact the same.
h. Layout and re-stripe as per existing at HCP stall. i. It is the responsibility of the Contractor to verify all dimensions and site before
submitting any bets or before starting the work.
2. Refinish Parking lot and Re-stripe a. Restore and re-stripe approximately 6,000 square feet of Parking lot. a. Properly prepare and power blow all asphalt area to be coated. b. Treat and clean all oil spots, blackout any symbols, before coating. c. Pre-treat all cracks with cold pour crack filler before coating. d. Apply 1 coat of industrial asphalt Guard Top seal coating. e. Add Diamond shield fortifier 2 gallons per 400 gallons of seal coat. f. Re-stripe parking lot to original layout including all ADA specifications using traffic paint
and colors. g. Clean area for any combustibles for torch work. h. Have fire extinguisher and viewer person present for any torch work being done. i. Inspect and make all needed details for a quality finished work before facility final
inspection.
3. Replace all fascia and rotten wood from 62 balconies and painting of all siding a. Replace all rotten fascia wood from 62 balconies between building A and B
b. Remove all fascia, rotten wood from 62 balconies and dispose off-site. c. Supply and install approximately 838’ lineal feet by 10” wide and 1” thick. d. Supply and install approximately 642’ lineal feet by 4” wide and ¾ thick. e. Apply one coat of primer and two coats of paint to all 62 balconies’ siding. f. All facial wood must be painted and treated for exterior weather. (The building owner
will provide color name for fascia wood and balcony’s siding. g. Contractor is fully responsible to repair any damaged stucco during the removal of
rotten wood from balconies.
EXHIBIT B
BID DOCUMENTS
(TO BE SUBMITTED WITH BID PACKAGE)
BIDDER’S PROPOSAL
Company: _____________________________________________________ In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lomita for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Scope of Work and the Contract Documents, for the unit price or lump sum set forth in the following schedule. The undersigned also acknowledges that timely completion of the project is important to the City. Therefore time being of the essence, he/she proposes that the work will be commenced and will be completed within the time specified in the Notice Inviting Bids. Specification or Items not indicated on Bid Form: The Contractor is to accommodate those portions of the work required by the specifications or contract documents, whose method of payment is not included in other bid items elsewhere.
CONTRACTOR'S AFFIDAVIT STATE OF CALIFORNIA } } COUNTY OF _____________ } ___________________________________________________, being first duly sworn, deposes and says: 1. That he is the ____________________________________________________ Title of (Name of Partnership, Corporation, or Sole Proprietorship) hereinafter called "Contractor," who has submitted to the City of Lomita Housing Authority a proposal for: Construction Services For IFB NO. 2019-1 at 24925 Walnut Street, Lomita, CA 90717 2. That said proposal is genuine; that the same is not sham; that all statement of facts therein are true; 3. That such proposal was not made in the interest or behalf of any person, partnership, company, association,
organization or corporation not named or disclosed; 4. That the Contractor did not, directly or indirectly, induce, solicit or agree with anyone else to submit a false or sham
bid, to refrain from bidding, or to withdraw the bid, to raise or fix the bid price of the Contractor or anyone else, or to raise or fix any overhead, profit or cost element of the Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Lomita Housing Authority, or of any other bidder, or anyone else interested in the proposed contract;
5. That the Contractor has not in any manner sought by collusion to secure for itself an advantage over any other bidder
or to induce action prejudicial to the interests of the City of Lomita Housing Authority, or of any other bidder or of anyone else interested in the proposed contract;
6. That the Contractor has not accepted any bid from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman, which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository;
7. That the Contractor did not, directly or indirectly, submit the Contractor's bid price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of Individuals, except to the City of Lomita, or to any person or persons who have a partnership or other financial interest with said Contractor in its business.
Dated this _________ day of __________________________, 2018 Subscribed and Sworn to ______________________ __________________ Contractor Title before me this _________ day of _____________________, 2018. _________________________________ Notary Public in and for said County and State. (Seal)
LIST OF SUBCONTRACTORS The Bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Section 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: ________________________________________ ______________________________________________________________________________ License Number: ___________ Address of Office, Mill or Shop: ___________________________________________________ Specific Description of Sub-Contract: _______________________________________________ ______________________________________________________________________________ Name Under Which Subcontractor is Licensed: ________________________________________ ______________________________________________________________________________ License Number: ___________ Address of Office, Mill or Shop: ___________________________________________________ Specific Description of Sub-Contract: _______________________________________________ ______________________________________________________________________________ Name Under Which Subcontractor is Licensed: ________________________________________ ______________________________________________________________________________ License Number: ___________ Address of Office, Mill or Shop: ___________________________________________________ Specific Description of Sub-Contract: _______________________________________________ ______________________________________________________________________________ Name Under Which Subcontractor is Licensed: ________________________________________ ______________________________________________________________________________ License Number: ___________ Address of Office, Mill or Shop: ___________________________________________________ Specific Description of Sub-Contract: _______________________________________________ ______________________________________________________________________________ Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work which they are to perform. Do not list alternate subcontractors for the same work.
CONSTRUCTION PROJECT REFERENCE (Work similar in magnitude and degree of difficulty completed by Contractor within the past three [3] years.) 1. __________________________________________________________ Name (Firm/Agency): ______________________________________________________________________ Address: Contact Person: ________ Telephone No.: _________________________________________________________________ Title of Project: ________________________________________________________________ Project Location: Date of Completion: Contract Amount: $ 2. __________________________________________________________ Name (Firm/Agency): ______________________________________________________________________ Address: Contact Person: ________ Telephone No.: _________________________________________________________________ Title of Project: ________________________________________________________________ Project Location: Date of Completion: Contract Amount: $ 3. __________________________________________________________ Name (Firm/Agency): ______________________________________________________________________ Address: Contact Person: ________ Telephone No.: _________________________________________________________________ Title of Project: ________________________________________________________________ Project Location: Date of Completion: Contract Amount: $ ______________________________________________________________________________
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS
1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes/No: ____________________ Federal/State:____________________ If “yes,” identify and describe, (including agency and status):
Have the penalties been paid? Yes/No: 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations
of the State Labor Code, California Business and Professions Code or State Licensing Laws? Yes/No: ______ Code/Laws: ____________ Section/Article: _______________ If “yes,” identify and describe, (including agency and status):
DISQUALIFICATION OR DEBARMENT
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? Yes/No: _______________. If yes, provide the following information (if more than once, use separate sheets): Date: _______________ Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? Yes/No:
CITY OF LOMITA HOUSING AUTHORITY CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT
To be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lomita Housing Authority.
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall:
1. Include the City of Lomita Housing Authority as an additional insured. (To include the elected officials, appointed officials, and employees.)
2. Indemnify and save harmless the City of Lomita Housing Authority against any and all claims resulting from the undertaking IFB NO. 2019-1.
This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly.
3. Not be cancelled except by notice to the City Attorney of the City of Lomita at least thirty (30) days prior to the date of cancellation.
4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $3,000,000 each Occurrence, and $5,000,000 Aggregate.
5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lomita Housing Authority as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured.
6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract:
(a) That the CONTRACTOR specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade.
(b) By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy.
______________________________ Duly Authorized Agent Attached to and forming part of Policy No.: _________________ of the: ___________________ Date: ___________________ ___ Expiration Date: _________________
WORKERS' COMPENSATION INSURANCE CERTIFICATION In compliance with Section 7-4 of the Standard Specifications, the CONTRACTOR shall complete and submit the following certification with a Certificate of Insurance before execution of the contract. I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self-insurance before commencing any of the work. DATED: _______________________ _____________________________ CONTRACTOR By: _________________________ Signature Title: _________________________
EXHIBIT C
CONTRACT DOCUMENTS
TO BE SUBMITTED WITHIN FOURTEEN (14) CALENDAR DAYS
AFTER AWARD OF CONTRACT
CITY OF LOMITA HOUSING AUTHORITY
PUBLIC WORKS AGREEMENT This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the Chair and attested to by the City Clerk, by and between (hereinafter referred to as "CONTRACTOR") and the City of Lomita Housing Authority, California, a public corporation (hereinafter referred to as "AUTHORITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for the , bids were received, and declared on the date specified in the notice.
B. On _____, the AUTHORITY’s Board declared CONTRACTOR to be the lowest responsible
bidder and accepted the bid of CONTRACTOR. C. The Housing Authority Board has authorized the Chair to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the in the City of Lomita.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: AUTHORITY agrees to engage CONTRACTOR and CONTRACTOR
agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 90717 in the City of Lomita. The work shall be performed in accordance with the Plans and Specifications dated _______ and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit A) and in accordance with the instructions of the City of Lomita’s City Clerk.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract
documents for the aforesaid project, a complete set of which is on file with the Lomita City Clerk’s Office, shall consist of the Notice Inviting Bids, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required insurance certificates, bidding security, bonds, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between AUTHORITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all
obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 60 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to AUTHORITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay AUTHORITY as liquidated damages, not as a penalty, the sum of $250.00 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES: CONTRACTOR will pay, and will require all subcontractors to pay, all
employees on the site of the work a salary or wage at least equal to the prevailing wage or salary established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the AUTHORITY, as penalty, Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing wage rate described above on the work provided for in this agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR by executing this agreement, hereby certifies that it shall adopt the current general prevailing Federal and/or State rates of wages applicable to the Scope of Work. CONTRACTOR understands this is a federally assisted construction project and Federal Labor Standards, including but not limited to Davis-Bacon Act requirements, will be enforced. Contractor acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail.
Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from the Project Manager, via email at [email protected] or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
AUTHORITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than
one to five except:
a. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by AUTHORITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to AUTHORITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to
each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The City of Lomita, AUTHORITY, and their officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or
employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of any Indemnitee. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of AUTHORITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless AUTHORITY for liability attributable to the active negligence of AUTHORITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where AUTHORITY is shown to have been actively negligent and where AUTHORITY’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 AUTHORITY. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by AUTHORITY may be retained by AUTHORITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, 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 CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, AUTHORITY will
promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after AUTHORITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the AUTHORITY against any third-party claim.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, 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 worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions.
12. ASSIGNMENT: This Agreement is not assignable nor the performance of either party's duties
delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the AUTHORITY, a wholly independent contractor. Neither the AUTHORITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AUTHORITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to AUTHORITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to AUTHORITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Lomita business license, if required under the City’s ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by AUTHORITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by AUTHORITY at any time during regular business hours.
17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or
written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in
execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. AUTHORITY’s Executive Director may execute any such amendment on AUTHORITY’s behalf.
20. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be
deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF LOMITA HOUSING AUTHORITY 24300 Narbonne Avenue,
Lomita, CA 90717 Attention: ___________________ Project Manager
21. PROMPT PAYMENT: In accordance with 49 CRF 26.29, CONTRACTOR shall make prompt and full payment of retainage to the subcontractor within 30 days after the subcontractors work is satisfactorily completed.
22. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the contract documents and Public Contracts Code §§ 10240-10240.13.
23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work
contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual
orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
24. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive
benefit of CONTRACTOR and AUTHORITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or the AUTHORITY’s obligations under this Agreement.
25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract
Documents. 26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement (except the certified payroll records which require original wet signatures) will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and
exclusive venue for any action involving this Agreement will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR’S License No.
CONTRACTOR
By:
DATE TITLE
CONTRACTOR’S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time:
CITY OF LOMITA HOUSING AUTHORITY
By: DATE RYAN SMOOT, Executive Director
ATTEST:
By:
DATE KATHLEEN HILL, City Clerk APPROVED AS TO FORM:
By: DATE CHRISTI HOGIN, City Attorney
Attachments: Exhibit A: Contractor’s Bid Proposal
CERTIFIED PAYROLL REQUIREMENTS
Project: _______________________________________
I agree to comply with the higher of state prevailing wage or Davis-Bacon requirements for payment of prevailing wage as follows:
➢ Use the applicable wage rate for the job classification of employees performing work onLomita Manor.
➢ All employees will use the sign-in/out log each time they enter or leave the job site. Includingleaving for a lunch break.
➢ Certified (original) payroll will be submitted on a weekly basis.
➢ Only originals will be sent to HUD.
➢ Errors on the payroll form will be crossed out and initialed. No white-out correction fluid orcorrection tape will be used.
➢ All payroll forms will be signed with a blue-ink pen. N/A copies only to the City
➢ Each payroll form will have an original signature.
➢ An employee will be listed separately for each wage classification associated with the workperformed.
➢ All hours worked over 40-hours per week will be paid at 1 and ½ times the hourly rate.
➢ Report only hours worked on the Project. Work completed on other jobs will not be listedseparately.
➢ If owner/operator works on the job site, they will be listed on the certified payroll with their rateof pay.
➢ Sub Contractors will submit supporting documentation for any deductions listed in the “Other”
column.
➢ Certified payroll requirements.
I have read, understand and acknowledge the Davis-Bacon requirements for work performed on the Project.
This is to certify that the principal and the authorized payroll officer(s) listed below have received a copy of the
assigned Federal Wage Determination; CA ____________, Modification Number; _____________ dated
______________. The principal and authorized payroll officers(s) listed below have also acknowledge that they
have received and read an a copy of the Federal Labor Standards Provisions (HUD-4010 form) and a copy of the
current Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects, and
that they understand the labor standards clauses pertaining to the above listed project.
The following person(s) is/are designated as payroll officer for the undersigned and is/are authorized to sign the
statement of compliance forms which will accompany each weekly payroll report for contractor listed below
during the duration of this project.
Contractor Subcontractor Business Names License Number
Payroll Officer Name (Print) Payroll Officer (Signature)
Payroll Officer Name (Print) Payroll Officer (Signature)
Name of Person Authorized to Sign (Print) (Authorized Signatures)
Title Date
form HUD-92010 (3/2006) VA form 26-421
U.S. Department of Housingand Urban Development Office of Housing OMB Control No. 2502-0029Federal Housing Commissioner (exp. 9/30/2016)
Equal EmploymentOpportunity CertificationExcerpt From 41 CFR §60-1.4(b)
The applicant hereby agrees that it will incorporate or cause to beincorporated into any contract for construction work, or modifi-cation thereof, as defined in the regulations of the Secretary ofLabor at 41 CFR Chapter 60, which is paid for in whole or in partwith funds obtained from the Federal Government or borrowedon the credit of the Federal Government pursuant to a grant,contract, loan insurance, or guarantee, or undertaken pursuant toany Federal program involving such grant, contract, loan, insur-ance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees asfollows:
(1) The contractor will not discriminate against any employee orapplicant for employment because of race, color, religion,sex, or national origin. The contractor will take affirmativeaction to ensure that applicants are employed, and that em-ployees are treated during employment without regard totheir race, color, religion, sex, or national origin, such actionshall include, but not be limited to the following: Employ-ment, upgrading, demotion, or transfer; recruitment or re-cruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training,including apprenticeship. The contractor agrees to post inconspicuous places, available to employees and applicantsfor employment, notices to be provided setting forth theprovisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements foremployees placed by or on behalf of the contractor, state thatall qualified applicants will receive considerations for em-ployment without regard to race, color, religion, sex, ornational origin.
(3) The contractor will send to each labor union or representativeof workers with which it has a collective bargaining agree-ment or other contract or understanding, a notice to beprovided advising the said labor union or workers' represen-tatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous placesavailable to employees and applicants for employment.
(4) The contractor will comply with all provisions of ExecutiveOrder 11246 of September 24, 1965, and of the rules, regu-lations and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports re-quired by Executive Order 11246 of September 24, 1965, andby rules, regulations, and orders of the Secretary of Labor, orpursuant thereto, and will permit access to its books, records,and accounts by the administering agency and the Secretaryof Labor for purposes of investigation to ascertain compli-ance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with thenondiscrimination clauses of this contract or with any of thesaid rules, regulations, or orders, this contract may be can-celed, terminated, or suspended in whole or in part and thecontractor may be declared ineligible for further Govern-ment contracts or federally assisted construction contracts inaccordance with procedures authorized in Executive Order11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in ExecutiveOrder 11246 of September 24, 1965, or by rule, regulation, ororder of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence imme-diately preceding paragraph (1) and the provisions of para-graphs (1) through (7) in every subcontract or purchase orderunless exempted by rules, regulations, or orders of the Sec-retary of Labor issued pursuant to section 204 of ExecutiveOrder 11246 of September 24, 1965, so that such provisionswill be binding upon each subcontractor or vendor. Thecontractor will take such action with respect to any subcon-tract or purchase order as the administering agency maydirect as a means of enforcing such provisions, includingsanctions for noncompliance: Provided, however, That inthe event a contractor becomes involved in, or is threatenedwith, litigation with a subcontractor or vendor as a result ofsuch direction by the administering agency the contractormay request the United States to enter into such litigation toprotect the interests of the United States.
The applicant further agrees that it will be bound by the above equalopportunity clause with respect to its own employment practiceswhen it participates in federally assisted construction work:
Provided, That if the applicant so participating is a State or localgovernment, the above equal opportunity clause is not applicableto any agency, instrumentality or subdivision of such governmentwhich does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively withthe administering agency and the Secretary of Labor in obtainingthe compliance of contractors and subcontractors with the equalopportunity clause and the rules, regulations, and relevant ordersof the Secretary of Labor, that it will furnish the administeringagency and the Secretary of Labor such information as they mayrequire for the supervision of such compliance, and that it willotherwise assist the administering agency in the discharge of theagency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering intoany contract or contract modification subject to Executive Order11246 of September 24, 1965, with a contractor debarred from, orwho has not demonstrated eligibility for, Government contractsand Federally-assisted construction contracts pursuant to theExecutive order and will carry out such sanctions and penaltiesfor violation of the equal opportunity clause as may be imposed
Firm Name and Address By
Title
Department of Veterans Affairs
form HUD-92010 (3/06)VA form 26-421
upon contractors and subcontractors by the administering agencyor the Secretary of Labor pursuant to Part II, Subpart D of theExecutive order. In addition, the applicant agrees that if it fails orrefuses to comply with these undertakings, the administeringagency may take any or all of the following actions: Cancel,terminate, or suspend in whole or in part this grant (contract, loan,insurance, guarantee); refrain from extending any further assis-tance to the applicant under the program with respect to which thefailure or refund occurred until satisfactory assurance of futurecompliance has been received from such applicant; and refer the caseto the Department of Justice for appropriate legal proceedings.
Excerpt from HUD Regulations
200.410Definition of term “applicant”.
(a) In multifamily housing transactions where controls over themortgagor are exercised by the Commissioner either throughthe ownership of corporate stock or under the provisions ofa regulatory agreement, the term “applicant” as used in thissubpart shall mean the mortgagor.
(b) In transactions other than those specified in paragraph(a) ofthis section, the term “applicant” as used in this subpart shallmean the builder, dealer or contractor performing the con-struction, repair or rehabilitation work for the mortgagor orother borrower.
200.420Equal Opportunity Clause to be included in contracts andsubcontracts.
(a) The following equal opportunity clause shall be included ineach contract and subcontract which is not exempt:During the performance of this contract, the contractor agreesas follows:
(1) The contractor will not discriminate against any em-ployee or applicant for employment because of race, creed,color, or national origin. The contractor will take affirmativeaction to ensured that applicants are employed, and thatemployees are treated during employment without regard totheir race, creed, color, or national origin. Such action shallinclude, but not be limited to the following: employment,upgrading, demotion or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other formsof compensation; and selection for training, including ap-prenticeship. The contractor agrees to post in conspicuousplaces, available to employees and applicants for employ-ment, notices to be provided setting forth the provisions ofthe nondiscrimination clause.
(2)The contractor will in all solicitations or advertisements foremployees placed by or on behalf of the contractor, state that allqualified applicants will receive consideration for employmentwithout regard race, creed, color, or national origin.
(3) The contractor will send to each labor union or repre-sentative of workers with which he has a collective bargain-ing agreement or other contract or understanding, a notice, tobe provided, advising the said labor union or workers’ repre-sentative of the contractor’s commitments under this section,and shall post copies of the notices in conspicuous placesavailable to employees and applicants for employment.(4) The contractor will comply with all provisions of Ex-ecutive Order 10925 of March 6 1961, as amended, and of theregulations, and relevant orders of the President’s Commit-tee on Equal Employment Opportunity created thereby.
(5) The contractor will furnish all information and reportsrequired by Executive Order 10925 of March 6, 1961, asamended, and by the regulations, and orders of the saidCommittee , or pursuant thereto, and will permit access to hisbooks, records, and accounts by HUD and the Committee forpurposes of investigation to ascertain compliance with suchregulations, and orders.
(6) In the event of the contractor’s non-compliance withthe nondiscrimination clause of this contract or with any ofthe said regulations, or orders, this contract may be can-celled, terminated or suspended in whole or in part and thecontractor may be declared ineligible for further Govern-ment contracts or Federally-assisted construction contractsin accordance with procedures authorized in Executive Order10925 of March 6, 1961, as amende, and such other sanctionsmay be imposed and remedies invoke s provided in the saidExecutive Order or by regulations, or order of the President’sCommittee on Equal Employment Opportunity, or as other-wise provided by law.
(7) The contractor will include the provisions of Para-graphs(1) through (7) in every subcontract or purchase orderunless exempted by regulations, or orders of the President’sCommittee on Equal Employment Opportunity issued pursu-ant to Section 303 of Executive Order 10925 of March 6,1961, as amended, so that such provisions will be bindingupon each subcontractor or vender. The contractor will takesuch action with respect to any subcontract or purchaseorders as HUD may direct as a means of enforcing suchprovisions, including sanctions for noncompliance: Provided,however, that in the event the contractor becomes involvedin, or is threatened with, litigation with a subcontractor orvender as a result of such direction by HUD, the contractormay request the United States to enter into such litigation toprotect the interests of the United States.
(b) Except in subcontracts for the performance of constructionwork at the site of construction, the clause is not required tobe inserted in subcontracts below the second tier. Subcontractsmay incorporate by referenced to the equal opportunity clause.
200.425Modification in and exemptions from the regulations inthis subpart.
(a) The following transactions and contracts are exempt from theregulations in this subpart:(1) Loans, mortgages, contracts and subcontracts not ex-ceeding $10,000.
(2) Contract and subcontracts not exceeding $100,000 forstandard commercial supplies or raw material;
(3)Contracts and subcontracts under which work is to be or hasbeen performed outside the United States and where no recruit-ment of workers within the United States in involved. To theextent that work pursuant to such contracts is done within theUntied States, the equal opportunity clause shall be applicable;(4) Contracts for the sale of Government property whereno appreciable amount of work is involved; and
(5) Contracts and subcontracts for an indefinite quantitywhich are not to extend for ore than one year if the purchaserdetermines that the amounts to be ordered under any suchcontract or subcontract are not reasonably expected to exceed$100,000 in the case of contracts or subcontracts for standardcommercial supplies and raw materials, or $10,000 in thecase of all other contracts and subcontracts.
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY / COUNTY of _________________________________________
DEPARTMENT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder 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, or paid,
and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to
any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
CONTRACTOR LIST OF PROPOSED SUBCONTRACTORS
__________________________________________________________ ____________________________________________ PROJECT NAME AWARDING AGENCY
________________________________________________ ____________________________________________________________________ Signature Name and Title ________________________________________________ ____________________________________________________________________ Date Company Name
1.
2.Enter name of the Committee
3.
Date
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 journeyman/men.
We will comply with the standards of Apprenticeship Committee for the duration of this job only.
We are already approved to train apprentices by the
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S))
Check One Of The Boxes Below
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee
PUBLIC WORKS CONTRACT AWARD INFORMATION
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved totrain, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft ortrade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for informationabout programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whosetelephone number may be found in your local directory under California, State of, Industrial Relations, Division of ApprenticeshipStandards.
Do not send this form to the Division of Apprenticeship Standards.NAME OF YOUR COMPANY
MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE
CONTRACTOR'S STATE LICENSE NO
AREA CODE & TELEPHONE NO.
DATE OF EXPECTED OR ACTUAL START OF PROJECT
ESTIMATED NUMBER OF JOURNEYMEN HOURS
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
DATE YOUR CONTRACT EXECUTED
OCCUPATION OF APPRENTICE
NAME & ADDRESS OF PUBLIC WORKS PROJECT
APPROXIMATE DATES TO BE EMPLOYED
ESTIMATED NUMBER OF APPRENTICE HOURS
DAS 140 (REV. 1/04)
State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS
Explanationtobox1‐3onformDAS140 • Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member). • Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours. • Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.
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/databases/das/pwaddrstart.asp 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:
Tel. No. Fax No.
License 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 https://www.dir.ca.gov/das/PublicWorksForms.htm DAS 142 (Revised 12/11)
CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number / Name: Contract Location: Today's Date:
Contractor / Subcontractor Name: Business Address:
Classification: Effective Date: Subsistence or Travel Pay: $
Health & $ PAID TO: Name: Welfare Address:
Pension $ PAID TO: Name: Address:
Vacation/ $ PAID TO: Name: Holiday Address:
Training $ PAID TO: Name: and/or Other Address:
Classification: Effective Date: Subsistence or Travel Pay: $
Health & $ PAID TO: Name: Welfare Address:
Pension $ PAID TO: Name: Address:
Vacation/ $ PAID TO: Name: Holiday Address:
Training $ PAID TO: Name: And/or Other Address:
Classification: Effective Date: Subsistence or Travel Pay: $
Health & $ PAID TO: Name: Welfare Address:
Pension $ PAID TO: Name: Address:
Vacation/ $ PAID TO: Name: Holiday Address:
Training $ PAID TO: Name: And/or Other Address:
Submitted: Contractor / Subcontractor By: Name / Title
Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made.
F
RIN
GE
BE
NE
FITS
FR
ING
E B
EN
EFI
TS
F
RIN
GE
BE
NE
FITS
In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.
State of CaliforniaDepartment of Industrial RelationsCalifornia Apprenticehip CouncilP. O. Box 420603San Francisco, CA 94142
Please use a separate form for each jobsite, listing the occupations for the jobsite. One checkpayable to the California Apprenticeship Council, may besubmitted for all jobsites and/or occupations. Trainingfund contributions are not accepted by the CaliforniaApprenticeship Council for federal public works projects,or for non-apprenticeable occupations such as utilitytechnicians, teamsters, etc.
CLASSIFICATIONS) OF WORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC.) COUNTY WORK PERFORMED IN HOURS AMOUNT
SIGNATURE PLEASE TYPE OR PRINT YOUR NAME DATE
TITLE
CAC 2 (rev. 6/03) Hqtrs. TRAINING FUND CONTRIBUTIONS
CONTRIBUTION RATE PER HOUR
TRAINING FUND CONTRIBUTIONS
California ApprenticeshipCouncil
NAME AND ADDRESS OF CONTRACTOR/SUBCONTRACTOR MAKING CONTRIBUTION
JOBSITE LOCATION (INCLUDE COUNTY) IF APPLICABLE.GIVE NAME OF SCHOOL, HOSPITAL, BUILDING. ETC.
CONTRACT OR PROJECT NUMBER
CONTRACTOR'S LICENSE NMBER
AREA CODE & TELEPHONE NUMBER
NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT
PERIOD COVERED BY CONTRIBUTION (FROM-TO)
U.S. Department of Labor PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)Wage and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires: 04/30/2021
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.
(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9) (8)
DEDUCTIONS
O
O
O
O
O
O
O
O
NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER NO
. OF
WIT
HH
OLD
iNG
E
XEM
PTI
ON
S
WORK CLASSIFICATION
OT.
OR
ST.
HOURS WORKED EACH DAY TOTAL HOURS
RATE OF PAY
GROSS AMOUNT EARNED FICA
WITH-HOLDING
TAX OTHER TOTAL
DEDUCTIONS
NET WAGES
PAID FOR WEEK
S
S
S
S
S
S
S
S
Rev. Dec. 2008
Rev. Dec. 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210
(over)
nthai
nthai
nthai
nthai
Date
I,(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by
on the (Contractor or Subcontractor)
; that during the payroll period commencing on the (Building or Work)
day of , , and ending the day of , , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said
from the full (Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classificationsset forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeshipprogram registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship andTraining, United States Department of Labor, or if no such recognized agency exists in a State, are registeredwith the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
− in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below.
(c) EXCEPTIONS
REMARKS:
EXCEPTION (CRAFT)
EXPLANATION
NAME AND TITLE SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
nthai
nthai
nthai
nthai
nthai
nthai
nthai
STATEMENT OF NON-PERFORMANCE
Payroll No.: ______ Date: ________________
Bid Package No.:_________________
Name of Contractor: ________________________________________________
I do hereby state that no persons were employed on the construction site of
during the payroll period commencing on the ______ day of ___________, 2018
and ending on the ______ day of ____________, 2018.
____________________________Signature of authorized person
____________________________Title
____________________________Date
Final Payroll: Yes No
This statement is not required to be submitted until after submission of the initialpayroll report. It must then be submitted by the contractor for each week, inplace of a certified payroll, where no work is preformed until the final certifiedpayroll is submitted.
The undersigned authorized deductions, as noted, to be made from their wages. It is understood that these deductions: (a) are in the interest of the employee; (b) is not a condition of employment; (c) there is no direct or indirect financial benefit accruing to the employer and; (d) it is not otherwise forbidden by law.
Employee’s Name Employee’s Signature Date Type of Deduction Deduction Amount
______________________________________________________________________________________________________ Authorized Representative’s Name and Title Signature of Authorized Representative of Employer Date
