When approved by the Engineer, colored concrete may be cured by a continuous indirect fine spray of water for a minimum of 10 Days.
303-5.9 Measurement and Payment. Payment for concrete walks with stamped and colored concrete will be made as shown in the Bid.
858
SECTION 200 – ROCK MATERIALS
LANDSCAPE BOULDER
Section 200 of the Standard Specifications is hereby revised for this project as follows:
Section 200-1 Description shall include the following:
This work consists of furnishing and placing boulders in accordance with these specifications and in conformity with the details shown on the plans, or as directed.
Section 200-1 materials shall include the following:
Landscape Boulder (Special) shall be three-foot to four-foot nominal size boulders, angular in shape, and having a specific gravity of at least 2.2, that is developed on the project site during blasting operations.
Contractor shall locate suitable boulders and obtain the Engineer’s approval of the selected boulders prior to transport. The Contractor shall deliver the boulders to a stockpile area designated by Southwest Boulder and Stone.
Section 200-1 shall include the following:
The pay item “Landscape Boulder (Special)” will be measured by the number delivered to and stockpiled at the site approved by the city representative.
Section 200-1 shall include the following:
Pay Item Pay Unit
Landscape Boulder (Special) Each
The pay item Landscape Boulder (Special) will include locating suitable boulders, obtaining Engineer approval, moving boulders to the approved stockpile area and unloading at the approved stockpile area.
Bid Item No. 58 – Mobilization
Mobilization shall conform to the provisions of Secti ons 7-3.4 of the Standard Specifications.
Mobilization and demobilization shall consis t of preparatory wo rk and operations including, but not limited to, those nec essary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, 859
supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non- working days during the construction period. The Contractor is responsible for securing an adequate storage site for equi pment and materials. Demobilization includes removal of all equipment and materials from the site, clean up and restor ation of the work site at the end of project.
No additional amounts shall be paid for erosion control, Best Management Practices (BMP), erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.
Best Management Practices (BMP) shall be defined as any pr ogram, technology, process, citing criteria, operating method, measure, or devic e, which controls, prevents, removes, or reduce pollution.
The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of app licable environmental mitigation plans.
Additional BMPs may be required as a result of a change in actual field conditions, Contractor activities, or construction oper ation. When more than one BMP is listed under each specific BMP categor y, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.
BMPs for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for erosion control and sedimentation shall be implemented during the period from October 15 to April 15, and whenever the National Weather Service predicts ra in within 24 hours. BMPs for eros ion control and sedimentation shall also be implemented prior to the comm encement of any Contractor activity or construction operation, which may produce run-off, and whenever run-off from other sources may occur.
The Agency (City), as a permittee thereto, is subject to enforcement actions by the State Water Resources Contro l Board, Environmental Prot ection Agency, and private citizens. The Agency will pass through to the Contractor any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwis e in noncompliance with these provisions.
In addition, the Agency will deduct , from the final payment due the Contractor, the total amount of any fines levied on t he Agency, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.
Payment for Mobilization shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for obtaini ng all business licenses and permits, as required for the entire project, from all rela ted agencies, including, but not limited to, utility companies, private and public agencie s and the City of Lynwood; and complying with the requirements specified in those licens es and permits; coordination, field office 860
facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of wo rk. Progress payments for this bid item shall be paid for in accordance with the completion percentage of the project to the Contractor and shall include the cost of such mobilization administration during the entire contract period and demobilization. No additional compensation will be allowed therefor.
861
CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
________________ _________________
PART 4 - APPENDICES
IMPERIAL HIGHWAY CORRIDOR CAPACITY ENHANCEMENTS FROM
STATE STREET TO WRIGHT ROAD
CITY OF LYNWOOD PROJ ECT NO. 4011.68.106.62015
4.1 Appendix A – Depa rtment of Industrial Relations (DIR) Contractor Registration Number Form
4.2 Appendix B – Standard Plans
4.3 Appendix C – Contract Change Order (CCO) Form
4.4 Appendix D – Substi tution Request Form
4.5 Appendix E – Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815
4.6 Appendix F – Engineering and / or Architectural Plans (Contract Drawings)
* * * *
862
APPENDIX A
Department of Industrial Relations (DIR)
Contractor Registration Number Form
863
Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must register with the Depar tment of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Per this requirement, provide the following information:
______________________________________________________________________ Contractor Name
Contractor Department of Industrial Relations Registration Number:
______________________________________________________________________ Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *
864
APPENDIX B
STANDARD PLANS
865
LIST OF STANDARD PLANS
Plan No. Description
CALTRANS:
RSP A20A Striping Details 9 & 22
A20B Striping Detail 29
RSP A20D Striping Details 38 & 40
A24A Thermoplastic Pavement Marking Arrow
A24F Thermoplastic Continental Crosswalk
RSP A24G Thermoplastic Limit Line
ES-3C Electrical Systems (Controller Cabinet Foundation and Pad Details) ES-4A Electrical Systems (S ignal Heads and Mountings)
ES-4B Electrical Systems (P edestrian Signal Heads)
ES-4E Electrical Systems (Signal Head s and Optical Detector Mountings) ES-5C Electrical Systems (Accessible Pedestrian Signal and Push Button Assemblies)
ES-7A Electrical Systems (Sig nal and Lighting Standard) ES-7F Electrical Systems (Sig nal and Lighting Standard)
Standard Plans for Public Works Construction:
SPPWC 120-3 Curb Type A1-6
SPPWC 121-3 Curb Type B1-6
SPPWC 140-3 Median Taper
866
APPENDIX C
CONTRACT CHANGE ORDER (CCO) FORM
867
APPENDIX C
CONTRACT CHANGE ORDER (CCO) FORM
CITY OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
Date: _____________________________ CCO No. _______ Project No.
Project Title: ___________________
Plan Reference: ________________________________
Item Reference:______________________________
Contractor:
_________________________________________________________________________________
Show as separate numbered paragraphs: (1) Reason for Change; (2) Description of Change; (3) Location of change (Stations, etc.); (4) Change in Contract Cost; (5) Extension of Contract, if warranted; (6) New Contract Total Including All Change Orders.
868
APPENDIX D
SUBSTITUTION REQUEST FORM
869
APPENDIX D
SUBSTITUTION REQUEST FORM
TO:
_____________________________________________________________________________________________
PROJECT: LYNWOOD URBAN BIKE TRAIL
PROJECT NO:
OWNER: CITY OF LYNWOOD
SPECIFIED ITEM:
__________________ ____ _________ _____________________________________________________ Section Page Paragraph Description
The undersigned requests consideration of the following:
PROPOSED SUBSTITUTION: ______________________________________________________________
Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request. Applicable portions of the data are clearly identified.
The undersigned states that the following paragraphs, unless modified on attachments, are correct:
1. The proposed substitution does not affect dimensions shown on Drawings and will not require a change in any of the Contract Documents.
2. The undersigned will pay for changes to the design, including engineering design, detailing, and construction costs caused by the requested substitution which is estimated to be $______________________________________________.
3. The proposed substitution will have no adverse effect on other contractors, the construction schedule (specifically the date of substantial completion), or specified warranty requirements.
4. Maintenance and service parts will be locally available for the proposed substitution.
5. The incorporation or use of the substitute in connection with the work is not subject to payment of any license fee or royalty.
The undersigned further states that the function, appearance, and quality of the Proposed Substitution are equivalent or superior to the Specified Item.
Submitted by Contractor: Reviewed by Engineer:
SIGNATURE: ____________________________________ □ ACCEPTED
FIRM: __________________________________________ □ ACCEPTED AS NOTED
_______________________________________________ □ NOT ACCEPTED
DATE: _________________________________________ □ RECEIVED TOO LATE
TELEPHONE: ______________________________ BY: ___________________________________________
TITLE: ________________________________________
DATE: ________________________________________
ATTACHMENTS: ___________________________ REMARKS: ___________________________________ 870
APPENDIX E
Labor Code Sections 1771, 1775, 1775.5, 1813 and 1815
871
APPENDIX E
Labor Code Section 1771
Requirement of prevailing local rate for work under contract
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
Labor Code Section 1775
Forfeiture for paying less than prevailing wage rates; Amount of penalty; Payments to workers; Liability of prime contractor; Notification of complaint
(a)
(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)
(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)
(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
(iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1.
872
(C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with.
(b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages
Labor Code Section 1777.5
Employment of apprentices on public works
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
(b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each 873
apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training.
(2) The rules and regulations of the California Apprenticeship Council.
(d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months.
(f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities.
(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
(i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of 874
apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)
(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the 875
future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under this section are subject to Section 3081.
Labor Code Section 1776
Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the 876
manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter.
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
Labor Code Section 1813
Penalty when workman required to work excess hours; Stipulation in contract; Cognizance and report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.
877
Labor Code Section 1815
Work performed in excess of specified hour limitations; Compensation
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
878
APPENDIX F
PLANS (CONTRACT DRAWINGS)
Under Separate Cover
Project Title: IMPERIAL HIGHW AY CORRIDOR CAPACITY ENHANCEMENTS FROM STATE STREET TO WRIGHT ROAD .
Project Number: 4011.68.106.62015 .
879
880
881
882
883
884
885
886
270.00
129,600.00
140.00
140.00
462,000.00
245,000.00
48.00 21,600.00
13.00 400.00
60.00 60.00
60.00 100.00
440.00
1,100.00
380,000.00
380,000.00
1,700.00
17,000.00
196,300.00
64,000.00
40,200.00
38,100.00
57,900.00
400.00
2,200.00
2,200.00
600,000
600,000
887
17,000.00
1,000.00
900.00
1,800.00
2,800.00
5,600.00
280.00
1,120.00
45,000.00
90,000.00
30,000.00
60,000.00
1,600.00
6,400.00
2,000.00
2,000.00
360.00
19,800.00
390.00
8,190.00
110.00
220.00
890.00
1,780.00
70,000.00
70,000.00
888
2.00 87.00
84.00 34.00
14.00 30.00
4,174.00
38,715.00
924.00
2,244.00
2,436.00
4,500.00
540.00
7,560.00
4,700.00
4,700.00
10.00 3,360.00
12.00 6,876.00
1,700.00
1,700.00
2,200.00
2,200.00
10.00 10.00
840.00
1,680.00
1,700.00
3,400.00
889
11,700.00
35,100.00
1,700.00
5,100.00
730.00
2,920.00
840.00
1,680.00
620.00
2,480.00
2,200.00
2,200.00
30.00 5.00
8.00 10.00
13.00 55.00
320.00
200.00
360,000.00
360,000.00
10,560.00
15,895.00
1,912.00
1,380.00
95,160.00
34,705.00
9,280.00
5,000.00
890
3,210,461.00
Three Million Two Hundred Ten Thousand Four Hundred Sixty One Dollars 891
L5411
Case Land Surveying, Inc.
Survey
Orange, CA
0.49%
Tree Removal
654506
V&E Tree Service
Orange, CA
Striping
776306
Superior Pavement Markings
Cypress, CA
Landscape
806122
Kato Landscape
Fountain Valley, CA
Electrical
793907
California Professional Engineering, Inc.
La Puenta, CA
0.63%
9.38%
5.99%
6.75%
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
1 RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARD
OF CONTRACT TO ALL AMERICAN ASPHALT FOR THE IMPERIAL HIGHWAY CAPACITY ENHANCEMENT PROJECT FY 2023-2024 PROJECT NO.
4011.68.106; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT
AMENDMENTS RELATED TO THE PROJECT AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT AND APPROVAL OF ADDITIONAL FUNDING IN THE AMOUNT OF $1,490,497 FROM ARPA FUND.
WHEREAS, the City of Lynwood and Los Angeles County Metropolitan Transportation Authority “LACMTA” have an agreement for improvements along Imperial Highway for capacity enhancements.; and
WHEREAS, plans and specifications were prepared for the design and presented to the City Council which received approval on May 2, 2023; and WHEREAS, the work to be performed consists of construction for geometric improvements, AC pavement construction/removal, raised medians traffic striping, markings, signing, and traffic control; hauling and disposal; and construction of curb ramps, landscape improvements and other related work.; and WHEREAS, on May 3, 2023, the Notice Inviting Bids (NIB) was advertised on the City’s website (PlanetBids). The Bid opening took place on the PlanetBids Platform on Monday, June 5, 2023, at 10:00 am (PST), and three (3) bids were received.; and WHEREAS, an analysis of all bidders was conducted, including a review of their bid schedule, license, references, and required documents. All American Asphalt was the lowest responsible bidder with a low base bid of $3,210,461.00.; and WHEREAS, the City received proposals for Construction Management and Inspection services and determined the estimated CM/I will be provided by on call engineering consultant Transtech Engineers in the amount of $79,470 and $189,300 respectively.; and
WHEREAS, the estimated project cost is $4,123,000.00.; and WHEREAS, the current FY24 project budget has a total of $2,681,503 in Measure R Metro funds and Prop C funds available; and
WHEREAS, an additional appropriation of $1,490,497 from ARPA fund is needed to award the project.; and
WHEREAS, Staff will work with “LACMTA” with receiving an additional appropriation to cover the extra cost covered from ARPA fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES 925
1 HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as findings and as substantive part of this Resolution.
Section 2. The City Council of the City of Lynwood authorizes the City Manager to approve the transfer funds for the following appropriation to be later reimbursed by Measure R Metro Fund:
APPROPRIATION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
1055 ARPA FUND $1,490,497
Budgetary Transfer In
4011 68 106 Imperial Highway
Corridor Capacity
Enhancement
Project
$1,490,497
Section 3. The project budget increased from $2,681,503 to $4,172,000.
Section 4. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and All American Asphalt in a form approved by the City Attorney in the amount of $3,210,461.00.
Section 5. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget.
Section 6. Per the City’s amended Contracting and Purchasing Policy, the City Council of the City of Lynwood approves construction management and inspection services from on call engineering consultant Transtech Engineers Inc.
Section 7. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 8. This Resolution shall take effect immediately upon its adoption.
Section 9. The City Clerk shall certify as to the adoption of this Resolution and hereafter the same shall be in full force and effect City Council Resolution. (Signatures on Next Page)
926
3 PASSED, APPROVED and ADOPTED this 15th day of August 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Director of Public Works
927
4 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15th day of August 2023, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15th day of August 2023.
Maria Quinonez, City Clerk
928