Agenda packet — Visalia City Council, January 20, 2026 (part 5 of 6)

PROFESSIONAL SERVICES AGREEMENT FOR

CONSTRUCTION MANAGEMENT SERVICES FOR

TULARE AVENUE MAJOR ROAD REHABILITATION (ROEBEN TO DEMAREE) This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and 4 Creeks, Inc. hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY issued a mini-Request for Proposals (“mini-RFP”), attached hereto as Exhibit “A,” which outlines the PROJECT and the professional services requested by the CITY, and the CONSULTANT submitted a technical proposal in response, attached hereto as Exhibit “C”; and WHEREAS, Exhibit “A” includes the complete mini-Request for Proposals package issued by the CITY, together with all attachments, appendices, exhibits, and any addenda or written clarifications released during the mini-RFP process, all of which are hereby incorporated into and made part of this Agreement by reference; and
WHEREAS, the CITY desires to obtain the professional and technical services described in Exhibit “A,” as supplemented and clarified by the CONSULTANT’s proposal in Exhibit “C” (collectively referred to as the “PROJECT”); and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all services necessary and appropriate to complete, in a manner satisfactory to the CITY, the tasks and deliverables described in Exhibit “A” (mini-RFP Scope of Work) and further supplemented by Exhibit “C” (CONSULTANT’s Technical Proposal). These documents collectively constitute the Scope of Work for the PROJECT unless modified by a written amendment executed by both parties.

B. Additional and Optional Task: The CITY may request incidental, supplemental, or otherwise unforeseen services related to the PROJECT that are not specifically included in Exhibits “A” or “C”. The CONSULTANT agrees to provide such additional services at the rates listed in Exhibit “B” – Consultant Schedule of Fees. No additional or optional tasks shall be undertaken by the CONSULTANT without prior written authorization from the CITY.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in the Exhibits, unless otherwise extended in writing by CITY, in its sole discretion. 1054
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If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.

III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay, and the CONSULTANT agrees to accept, a total fixed-fee amount of Twenty-Two Thousand Dollars ($22,000) for those portions of the PROJECT designated as fixed-fee work.

The CITY further agrees to pay a time-and-materials not-to-exceed amount of Two Hundred Thirty-Eight Thousand Two Hundred Twenty-Seven Dollars ($238,227) for those portions of the PROJECT designated to be compensated on a time-and-materials basis, as identified in Exhibit “D” – Project Fees. Together with the fixed-fee amount identified above, the total notto-exceed compensation authorized under this Agreement shall not exceed Two Hundred Sixty Thousand Two Hundred Twenty-Seven Dollars ($260,227).

All compensation shall be paid in accordance with Exhibit “D,” and all billing rates shall be consistent with Exhibit “B” – Consultant’s Schedule of Fees. The total compensation specified in Exhibit “D” shall constitute full payment for all authorized services, including labor, subconsultants, document production, materials, and out-of-pocket expenses associated with the PROJECT.

No compensation beyond the amounts identified in Exhibit “D” shall be authorized unless approved in advance by the CITY through a written amendment or written authorization.

B. Payment of Compensation: The CONSULTANT may submit invoices no more than once per month.

Payment for fixed-fee tasks shall be based on the percentage of each phase or task completed to date, as identified in the Scope of Work and Project Fees. Each invoice for fixed-fee services shall identify the percentage of each task completed to date and the incremental progress made since the preceding invoice, if any.

Payment for time-and-materials tasks shall be based on actual hours worked multiplied by the billing rates set forth in Exhibit “B” – Consultant’s Schedule of Fees all in accordance with the not-to-exceed amounts identified in Exhibit “D” – Project Fees.

The CITY shall pay all undisputed amounts within thirty (30) days following receipt of a written and verified invoice.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The Project Manager shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: Ian Williams shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement. 1055
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V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms and does not correct such failure within a period of fifteen (15) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
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5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, PUBLIC WORKS

CONTRACTOR REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS Notice is hereby given that this is a Public Works Project. All contractors and subcontractors bidding and performing work on Public Works Projects (including Consultants and Sub-Consultants who employ or subcontract workers to perform any trade that has a prevailing wage designation such as surveyor) must:

A. Register on an annual basis with the California Department of Industrial Relations (DIR) B. Furnish electronic payroll records for new projects to the Labor Commissioner.

All contractors and consultants are to be registered at time of bid/proposal submittal and remain registered with the California Department of Industrial Relations (DIR) throughout the duration of this Agreement.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall comply with the City of Visalia Labor Compliance Manual which is available at visaliapurchasing.org.
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IX. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

X. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

XI. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XIII. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full 1058
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responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XIV. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement.

To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.
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D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement. 1060
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H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XV. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XVI. MISCELLANEOUS PROVISIONS
A. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
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E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

F. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

G. Jurisdiction/Venue/Waiver of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

I. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

M. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

N. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
4 Creeks, Inc.
324 S. Santa Fe Street
Visalia, CA 93291
Attention: Ian Williams
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and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF VISALIA CONSULTANT
________________________________ ________________________________ City Manager
Approved as to Form
________________________________
City Attorney
________________________________
Risk Manager
________________________________
Project Manager
Attachments:

Exhibit “A”: Scope of Work - as presented in the mini-RFP (Exhibit A includes all attachments, appendices, and addenda issued as part of the mini-RFP) Exhibit “B”: Project Schedule of Fees – as presented in RFP No. 20-21-18 Exhibit “C”: Project Scope of Work – As Submitted by Consultant Exhibit “D”: Project Fees – As submitted by Consultant
Exhibit “E”: State & Federal Acknowledgment

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0586 Agenda Date: 1/20/2026 Agenda #: 13.

Agenda Item Wording:

Award construction material testing services - Authorize the City Manager to execute an agreement with Krazan & Associates to provide geotechnical material testing services for the Tulare Avenue Major Street Rehabilitation from Roeben to Demaree in the amount of $75,000.

Prepared by:

Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute an agreement with Krazan & Associates, Inc. to provide geotechnical material testing services for the Tulare Avenue Major Rehabilitation project from Roeben to Demaree in the amount of $75,000.

Summary:

This project will initiate the construction phase for the rehabilitation of Tulare Avenue from Roeben Street to Demaree Street. Improvements include pavement resurfacing and targeted repairs to curbs, gutters, sidewalks, drain inlets, sanitary sewer manholes and ADA ramps, as well as modifications to existing traffic signal equipment throughout the corridor. The project will also extend the Class IV protected bike lane, completing the segment between Demaree and Roeben.

Background Discussion:

The City of Visalia is currently maintaining a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, staff incorporated a Pavement Management Program (PMP) 11 years ago, following the lead of other similarly sized California municipalities.

Tulare Avenue, as identified in the Pavement Management Plan, was selected for resurfacing. This project includes a pavement rehabilitation of approximately 1.5 miles of roadway on Tulare Avenue from Roeben to Demaree Street. The rehabilitation work includes removing isolated areas of pavement failures, also known as dig outs, grinding the existing pavement section and overlay with hot mix asphalt. In addition to these improvements the project will also upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements and Public Rights-ofWay Access Guidelines (PROWAG). The project will incorporate some traffic signal improvements at intersections throughout the corridor. With these improvements the City of Visalia is implementing multimodal transportation enhancements such as Class IV Bike lanes through the use of modular Visalia City Council Page 1 of 4 Printed on 1/15/2026
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File #: 25-0586 Agenda Date: 1/20/2026 Agenda #: 13.
curbing and on-street parking protection.

On-Call Consultant Selection:

The City of Visalia Purchasing Division issued a request for Qualifications (RFQ 23-24-04) to retain up to five (5) qualified consulting firms to provide Material Testing Services on an on-call basis. The City received and reviewed eight (8) proposals in response to the solicitation. A selection committee reviewed and ranked each proposal to develop a list of five qualified firms. The firms selected are as follows:
· Krazan & Associates, Inc. from Clovis, CA,
· Moore Twining Associates, Inc. from Fresno, CA,
· Kleinfelder from Fresno, CA,
· NV5 West, Inc. from Bakersfield/Visalia, CA and
· BSK Associates from Fresno, CA.

The on-call contract is a one-year contract with up to 4 additional one-year renewals.

The top five (5) Consultants listed above all met the requirements presented in RFQ 23-24-04 and have all worked on various City projects in the past with positive reviews from City’s construction managers and listed references. These testing laboratories have field technicians that are located within a 45-mile radius of the City Limits of Visalia which is very beneficial when testing services are required on short notice. In addition, all personnel and laboratories for these firms are all properly certified.

Mini-RFP Consultant Selection:

In order to comply with state requirements outlined in the Local Assistance Procedures Manual (LAPM), the City of Visalia Engineering & Building Department utilized the established on-call consultant list to initiate a project-specific mini-RFP process. All qualified on-call consultants were invited to submit proposals, and proposals were received from all five firms.

A selection committee was formed and evaluated the proposals in accordance with the evaluation criteria outlined in the mini-RFP. Based on the committee’s review, Krazan & Associates, Inc. was determined to be the highest-ranked and most qualified firm and is recommended for selection.

Fiscal Impact:

Budget Overview:

The Major Road Rehabilitation on Tulare Avenue from Roeben to Demaree Street is funded using the Surface Transportation Block Grant Program (STBGP) through the Federal Highway Administration (FHWA) and the Road Maintenance and Rehabilitation Account (RMRA) (SB1).

Tulare Ave from Roeben to Demaree (CP0603)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) $ 3,086,000 Road Maintenance and Rehabilitation Act (RMRA) (SB1) $ 835,000 Total Project Funding $ 3,921,000
Estimated Project Costs
Project Management (Project Design & Management) $ 30,000 Construction $ 4,473,867
Construction Contingency (~10.0%) $ 450,000
Construction Management (City Consultant) $ 275,000
Construction Management (Staff Time) $ 25,000
Construction Services (Inspection) $ 75,000
Construction Services (Material Testing) $ 75,000
Construction Services (Independent Assurance) $ 10,000
Construction Services (Construction Staking) $ 25,000
Total Estimated Project Costs $ 5,438,867
Surplus (Deficit) ($1,517,867)
Transfer RMRA (SB1) funds (Fund 113) from the
Whitendale Road Rehab project (CP0760)
$ 1,495,000
Transfer Annual Replace and Relocate Sanitary Sewer
Mains Project (CP9456)
$ 25,000
The shown budget shortfall and the recommended transfer of funds is being taken into consideration for City Council approval on January 20, 2026 as part of consent calendar item (File No. 25-0577).

Prior Council Action:

June 16, 2025 Adopted Resolution No. 2025-41 to designate 2025/26 SB1 RMRA funding of $3,900,000 to the Tulare Avenue Road Rehabilitation Projects from Roeben to Cotta. 1) Tulare Avenue Roeben to Demaree project ($835,000) and 2) Tulare Avenue Demaree to Cotta project ($3,065,000).

July 18, 2022 Accepted and authorized the appropriation of 2,989,000 of STBGP and HIP funds for the Tulare Ave from Demaree St to Cotta St project and $3,086,000 of STBG funds for the Tulare Ave from Roeben St to Demaree St project.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement with Krazan & Associates, Inc. to provide geotechnical material testing services for the Tulare Avenue Major Road Rehabilitation Project from Roeben to Demaree in the amount of $75,000.

Environmental Assessment Status: Environmental assessment has been cleared by Caltrans.

Visalia City Council Page 3 of 4 Printed on 1/15/2026
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File #: 25-0586 Agenda Date: 1/20/2026 Agenda #: 13.

CEQA Review: NEPA/CEQA are completed.

Deadline for Action: 1/20/2026
Attachments:

1. Krazan & Associates, Inc. Ownership Disclosure Form

2. Project Location Map

3. Krazan & Associates, Inc. Draft Agreement
Visalia City Council Page 4 of 4 Printed on 1/15/2026
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ROEBEN AKERS LINWOOD CHINOWTH DEMAREE

TULARE TULARE PROJECT CONSTRUCTION LIMITS
0 0.07 0.15 0.3 mi
0 0.13 0.25 0.5 km
1:9,360
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Professional Services Agreement for Material Testing Services for Tulare Avenue Major Road Rehabilitation (Roeben to Demaree)

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PROFESSIONAL SERVICES AGREEMENT FOR

MATERIA TESTING SERVICES FOR

TULARE AVENUE MAJOR ROAD REHABILITATION (ROEBEN TO DEMAREE) This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and Krazan & Associates, Inc. hereinafter referred to as the “CONSULTANT”.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in the Exhibits, unless otherwise extended in writing by CITY, in its sole discretion. 1070
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III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay, and the CONSULTANT agrees to accept, compensation on a time-and-materials basis not to exceed Sixty-Four Thousand Seven Hundred Eighty-Five Dollars ($64,785) for all portions of the PROJECT designated to be compensated on a time-and-materials basis, as identified in Exhibit “D” – Project Fees. The total not-to-exceed compensation authorized under this Agreement shall not exceed Sixty-Four Thousand Seven Hundred Eighty-Five Dollars ($64,785) unless modified by a written amendment approved by the CITY.

No compensation beyond the amounts identified in Exhibit “D” shall be authorized unless approved in advance by the CITY through a written amendment or written authorization.

B. Payment of Compensation: The CONSULTANT may submit invoices no more than once per month.

The CITY shall pay all undisputed amounts within thirty (30) days following receipt of a written and verified invoice.

B. CONSULTANT: Ian Beatty shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement. 1071
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1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
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VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

VII. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, PUBLIC WORKS

A. Register on an annual basis with the California Department of Industrial Relations (DIR) B. Furnish electronic payroll records for new projects to the Labor Commissioner.

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall comply with the City of Visalia Labor Compliance Manual which is available at visaliapurchasing.org.
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X. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full 1074
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responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.
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1. Workers’ compensation insurance as required by California statues.

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement. 1076
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1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
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E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

M. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

N. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Krazan & Associates, Inc.
215 W. Dakota Avenue
Clovis, CA 93611
Attention: Ian Beatty
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

Exhibit “A”: Scope of Work - as presented in the mini-RFP (Exhibit A includes all attachments, appendices, and addenda issued as part of the mini-RFP) Exhibit “B”: Consultant Schedule of Fees – as presented in RFQ No. 23-24-04 Exhibit “C”: Project Scope of Work – As Submitted by Consultant Exhibit “D”: Project Fee – As submitted by Consultant
Exhibit “E”: State & Federal Acknowledgment

1079
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0453 Agenda Date: 1/20/2026 Agenda #: 14.

Agenda Item Wording:

Conditional award for Cameron Creek linear recharge project - Conditionally authorize the City Manager to award the construction contract to Katch Environmental, Inc for the Cameron Creek linear recharge project in the amount of $2,201,753.32; approve change order number one for scope change in the reduction amount of ($32,913); and appropriate $845,125 from the General Fund 001 to be reimbursed as described in this report.

Prepared by:

Rebecca Keenan, Senior Civil Engineer, 713-4541; [email protected] Christopher Crawford, City Engineer, 713-4331; [email protected] Nick Bartsch, Public Works Director, 713-4052; [email protected] Jason Huckleberry, Eng & Bldg. Director, 713-4495; [email protected] Department Recommendation:

Staff recommends that the City Council authorize the City Manager to conditionally award, pending written approval from DWR of change in grant scope, the construction contract to Katch Environmental, Inc. for the Cameron Creek linear recharge project in the amount of $2,201,753.32; approve change order number one for scope change in the reduction amount of ($32,913); and appropriate $845,125 from the General Fund 001 to be reimbursed as described in this report.

Summary:

This project consists of construction of two (2) new reinforced concrete check structure facilities and one tie-in to the existing Pearl Woods development storm basin within the Cameron Creek channel.

The project’s goal is to increase groundwater recharge through linear water pools that will percolate over time to recharge the groundwater aquifer in the vicinity of the City limits. The “Measurement” concrete check structure will be located east of the City, at Road 156 and Cameron Creek, and the “Lovers” check structure will be located at Lovers Lane and Cameron Creek. The storm basin tie-in will be located west of Road 148, adjacent to the Pearl Woods subdivision, near the SCE Rector Station.

This project is funded by a $2,000,000 California Department of Water Resources (DWR) - Sustainable Groundwater Management Act (SGMA) Implementation Grant, by local groundwater recharge funds (224), and by funding from the Mid-Kaweah Groundwater Sustainability Agency (MKGSA). The project is a cooperative effort between the City of Visalia, Kaweah Delta Water Conservation District (KDWCD), and Tulare Irrigation District (TID), and the GSA’s.

On October 2, 2025, the City of Visalia Purchasing Division received and opened four (4) bid packages in response to RFB 25-26-06. Katch Environmental, Inc. submitted the apparent low bid of $2,661,400.95, which is the total of the Base Bid + Alternate Bid “A” + Alternate Bid “B” + Alternate Bid “C”. This bid combination was set up to help establish the apparent low bidder. After reviewing the bid packages, staff found that Katch Environmental, Inc. was the successful low bidder, although the bid came in $863,393.95 above the engineer’s estimate. After consultation with TID, staff Visalia City Council Page 1 of 6 Printed on 1/15/2026
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File #: 25-0453 Agenda Date: 1/20/2026 Agenda #: 14.
the bid came in $863,393.95 above the engineer’s estimate. After consultation with TID, staff recommends award of the Base Bid + Alternative Bid “C” in the amount of $2,201,753.32, plus approval of Change Order No. 1 for a deduction of $32,913.00, resulting in a total construction contract of $2,168,840.32. This award combination will eliminate one of the grant required concrete check structures, which will provide construction savings of $414,647.63. The team is currently working with DWR to obtain approval of this change in grant scope, and for that reason, award of this contract to Katch Environmental Inc. is conditioned on receiving that approval. Should the DWR disapprove this change in scope, staff will return to Council for additional direction.

Even with the elimination of one check structure, there is still an overall project budget deficit of approximately $(845,125.56). The team is currently working with the grant agency to redistribute $195,125.56 from another project to this one, and TID has secured additional funding through the MKGSA, as further described in this report. Therefore, staff recommends that the City Council appropriate $845,125.56 from the General Fund 001, to be reimbursed by the grant agency and the MKGSA after the project close-out.

Background Discussion:

On February 7, 2022, the City Council adopted Resolution 2022-06 authorizing the Greater Kaweah Groundwater Sustainability Agency to submit a grant application for the Cameron Creek Check Structure project. The Department of Water Resources (DWR) administers the Sustainable Groundwater Management Act (SGMA) grant program with funds authorized under the California Budget Act of 2021 and Proposition 68. Projects are intended to address groundwater impacts and to help achieve regional groundwater sustainability in groundwater recharge and associated projects.

The Cameron Creek linear recharge project was developed through a cooperative effort for groundwater management between the City of Visalia, Kaweah Delta Water Conservation District (KDWCD), and the Tulare Irrigation District (TID) using the 2010 “Packwood and Cameron Creeks pool and basin reconnaissance study” prepared by Provost & Pritchard as the initial guidance (Attachment 2). The study includes pool capacity analysis at several sections within Cameron Creek, which helped identify some potential check structure locations. The final locations were established during the preliminary site analysis phase, through coordination with Provost & Pritchard (P&P), KDWCD and TID; with site access & operability weighing heavily. In addition, since the underground aquifer gradually flows west and south, the selected sites are located east of Lovers Lane, to provide the maximum benefit to Visalia residents west of the sites.

The City of Visalia provided the project management, including managing engineering, permitting, & environmental efforts; and provided on-going documentation needed for the grant administration.

This effort was coordinated with partner agencies TID, KDWCD, and the MKGSA. Provost & Pritchard provided engineering, permitting, and environmental compliance consulting services. They will also be providing biological surveys, construction staking, and construction support under their existing agreement. The City’s Public Works Department has worked with TID to prepare an agreement for post-construction operation, maintenance and reporting to the DWR (which will be done by TID).

As previously discussed, on September 4, 2025, the City of Visalia issued Request for Bid No. 25-26- 06 to obtain construction Bids for the Cameron Creek linear recharge project. The project, as shown in the solicitation, included a base bid and three (3) alternateb. The following explains the process involved with the Katch Environmental contract, including the bid solicitation scope of work, Visalia City Council Page 2 of 6 Printed on 1/15/2026
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File #: 25-0453 Agenda Date: 1/20/2026 Agenda #: 14.
establishment of the low bidder, bid cost analysis, and the recommended construction award.

1. Bid solicitation scope of work: The solicitation for this project included a Base Bid and three alternate bids. The base bid includes all the work needed for construction of the “Measurement” check structure, the “Lovers” check structure, and the connection of Cameron Creek to the Pearl Woods basin. The two concrete structures will be equipped with control gates and weir boards to help maintain high water levels in the channel. Work will include earthwork, concrete check structures, canal lining, installation of a manhole & storm pipe, and a telemetry system. P&P also designed a third check structure, the “Rector” check, which was included as alternative bid “A” of the solicitation. Alternative bid “B” included construction of a rubble dam at the Rector location (instead of the concrete check), and alternative bid “C” includes a pump bypass system to be used only with written authorization from the City, if needed due to storm events.

2. Establishment of Low Bidder: As allowed by the California Contract Code, Section 20103.8, this bid solicitation specified that the method to be used to determine the apparent low bidder would be based on the “LOWEST TOTAL OF THE BASE BID + ALTERNATE BID “A” + ALTERNATE BID “B” + ALTERNATE BID “C”. For this project, Katch Environmental, Inc. submitted the apparent low bid of $2,661,400.95.

TABLE 1
No. Contractor Location Total Sum Bid

1. Katch Environmental, Inc. Fresno, CA $2,661,400.95

2. DNB Infrastructure Inc. Sacramento, CA $3,049,900.00

3. Cal Valley Construction, Inc. Fresno, CA $3,397,191.00

4. Laurel Ag & Water Bakersfield, CA $4,677,713.06
The bid package for Katch was reviewed and found to be in compliance with the City’s requirements. Staff also contacted the listed references at the High Speed Rail CP 2-3, High Speed Rail Segment 3, and Vanir. All three expressed satisfaction with the contractor’s past performance and recommended them. They reported that the contractor performed well on their portions and completed the work in accordance with the project plans and specifications.

This will be Katch’s first project for the City of Visalia.

3. Bid Cost Analysis: The lowest responsive bid from Katch Environmental, Inc. is $2,661,400.95, which is 48% over the engineer’s estimate of $1,798,007.00. The engineer’s estimate and the submitted bids can be seen in the following table:

TABLE 2
Bid Items Engineer’s
Estimate
Katch
Environmental
DNB
Infrastructure
Cal Valley
Construction
Laurel Ag &
Water
Base Bid $1,403,587.00 $1,999,883.02 $2,297,400.00 $2,762,191.00 $2,882,423.06 Alt “A” $219,420.00 $414,647.63 $440,000.00 $260,000.00 $550,768.00 Alt “B” $25,000.00 $45,000.00 $12,500.00 $25,000.00 $38,384.00 Alt “C” $150,000.00 $201,870.30 $300,000.00 $350,000.00 $1,206,138.00 TOTAL Base Bid + Alt
“A” + Alt “B” + Alt “C”
$1,798,007.00 $2,661,400.95 $3,049,900.00 $3,397,191.00 $4,677,713.06 Visalia City Council Page 3 of 6 Printed on 1/15/2026 powered by Legistar™1082
File #: 25-0453 Agenda Date: 1/20/2026 Agenda #: 14.

Bid Items Engineers
Estimate
Katch
Environmental
DNB
Infrastructure
Cal Valley
Construction
Laurel Ag &
Water
Base Bid $1,403,587.00 $1,999,883.02 $2,297,400.00 $2,762,191.00 $2,882,423.06 Alt “A” $219,420.00 $414,647.63 $440,000.00 $260,000.00 $550,768.00 Alt “B” $25,000.00 $45,000.00 $12,500.00 $25,000.00 $38,384.00 Alt “C” $150,000.00 $201,870.30 $300,000.00 $350,000.00 $1,206,138.00 TOTAL Base Bid + Alt
“A” + Alt “B” + Alt “C”
$1,798,007.00 $2,661,400.95 $3,049,900.00 $3,397,191.00 $4,677,713.06 Staff coordinated with Katch Environmental and Provost & Pritchard to analyze the bid discrepancy versus the engineer’s estimate. The contractor indicated that in general, the design and bid package were well organized and clear. The bid was estimated using the provided bid package, and reflects the current industry pricing, which continues to increase.

There were no errors or corrections identified, which could have reduced the bid as submitted.

In addition, P&P reviewed the overall bids submitted and found that the amount submitted per bid items varied from their estimated bid items, with some being over and some being under what they estimated. Then, when added up, they resulted in higher bids overall.

Since there was no specific adjustment that could be made to reduce the cost, while keeping all three check structures in the project, staff prepared three scenarios that would decrease the project scope and decrease the overall project budget:

TABLE 3
Scenario No. Scope (As required by TID, all scenarios
include Alt “C” Pump Bypass)
Estimated
Construction cost
Estimated
Project Cost

1. Construct Measurement Check &
Rector Check (excludes Lovers Check)
$1,990,827.41 $2,710,789.97

2. Construct Measurement Check &
Lovers Check (excludes Rector Check)
$2,168,840.32 $2,935,125.56

3. Construct Measure Check & Rector
Rubble Dam (excludes Rector & Lovers
Check)
$1,543,266.78 $2,234,074.51
The scenarios were presented to the MKGSA, with the recommendation to pursue Scenario 2 from the cost savings scenarios. Scenario 2 includes construction of the Measurement check structure at the upstream location, the connection to the Pearl Woods Basin, and construction of the Lovers Check near Caldwell & Lovers Lane. Provost & Pritchard reviewed the groundwater recharge benefits that would be achieved with each scenario and estimates that the Scenario 2 project will provide the most benefit, as it will achieve recharge rates of 120 acre feet per year or greater, as required by the original grant agreement. Per P&P, the potential groundwater recharge rates may be greater than originally estimated based on updated loss calculations derived from field observations of channel losses. In addition, the connection to the Pearl Woods Basin will provide the opportunity to deposit surplus water into the basin to achieve additional recharge benefits. These deposits would be coordinated with the City’s storm water needs through mutual collaboration between the City, TID, and the KDWCD.

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File #: 25-0453 Agenda Date: 1/20/2026 Agenda #: 14.

On December 9, 2025, by unanimous vote, the MKGSA Board of Directors approved costsharing among the members of costs above all potential grant and other funds available (Attachment 3). In addition, the MKGSA has submitted a request to the DWR to reassign $195,125.56 from a different project, to this project. The DWR has preliminarily verbally indicated that they are agreeable to the transfer and the proposed change in grant scope, although written confirmation is still pending.

4. Recommended Construction Award: With the removal of the Rector check structure, as presented in Scenario 2, the additional $195,125.56 funding to be provided by the DWR, and the commitment by the MKGSA to cover costs above the potential grant amount, staff recommends conditional award of the Base Bid + Alternative Bid “C”, to Katch Environmental, Inc. in the amount of $2,201,753.32.

Fiscal Impact:

Following is the updated budget estimate for this project, which will require an appropriation from the General Fund 001, to be reimbursed as described in this report.

TABLE 4
Current Budget
SGMA Grant (Component 12) $2,000,000.00
Fund 224 Groundwater Recharge $90,000.00
Total Budget: $2,090,000.00
Estimated New Budget
Project Management/Administration $156,434.02
Design Services $253,259.00
Right of Way $4,000.00
Construction Award: Base Bid + Alt “C” Pump Bypass $2,201,753.32 Change Order No. 1: Deduct Bid Item 19 Rector wrought iron fence -$32,913.00 Construction Contingency $216,884.03
Construction management, inspection, materials testing, staking $110,708.19 Tulare Irrigation District $25,000.00
Total Estimated New Budget: $2,935,125.56
Estimated Deficit -$845,125.56
Additional Appropriation
General Fund 001 $845,125.56
Additional Reimbursements
SGMA Grant (transfer from Component 5) $195,125.56
Mik-Kaweah GSA funding $650,000.00
Total Additional Reimbursement: $845,125.56
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File #: 25-0453 Agenda Date: 1/20/2026 Agenda #: 14.

Estimated Deficit $845,125.56
Additional Appropriation
General Fund 001 $845,125.56
Additional Reimbursements
SGMA Grant (transfer from Component 5) $195,125.56
Mik-Kaweah GSA funding $650,000.00
Total Additional Reimbursement: $845,125.56
Balance: $0.00
Prior Council Action:

November 18, 2024: The City Council adopted Resolution 2024-63 adopting Mitigated Negative Declaration No. 2024-56 prepared for the California Department of water Resources, Sustainable Groundwater Management Act Implementation Grant, Cameron Creek Linear Recharge Project.

February 20, 2024: The City Council authorized the City Manager to enter into a contract with Provost & Pritchard for professional consulting services for the Cameron Creek linear recharge project in the amount not to exceed $236,259.00.

June 19, 2023: The City Council accepted and authorized the appropriation of $2,000,000 from the Sustainable Groundwater Management Grant Program for the Cameron Creek Linear Recharge Project and appropriated $60,000 for staff indirect costs from Fund 224.

February 7, 2022: The City Council adopted Resolution 2022-06 authorizing the Greater Kaweah Groundwater Sustainability Agency (GKGSA) to submit a grant application on behalf of the City of Visalia to the California Department of Water Resources (DWR) for the Sustainable Groundwater Management Act (SGMA) call for projects.

Other: None
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):

I move to conditionally authorize the City Manager to award the construction contract to Katch Environmental, Inc. for the Cameron Creek linear recharge project in the amount of $2,201,753.32; approve change order number one for scope change in the reduction amount of ($32,913); and appropriate $845,125 from General Fund 001 to be reimbursed as described in this report.

CEQA Review: Environmental Document No. 2024-56, Mitigated Negative Declaration for the Cameron Creek linear recharge project was filed at the Tulare County Assessor/Clerk-Recorder’s Office on November 20, 2024.

Attachments:

1. Location Map

2. 2010 “Packwood and Cameron Creeks pool and basin reconnaissance study”, prepared by Provost & Pritchard

3. MKGSA Letter

4. Katch Environmental, Inc. Ownership Disclosure and Contract Visalia City Council Page 6 of 6 Printed on 1/15/2026
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CAMERON CREEK LINEAR RECHARGE PROJECT

LOCATION MAP
ATTACHMENT 1
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc

WATER & WASTEWATER

MUNICIPAL INFRASTRUCTURE

LAND DEVELOPMENT

AGRICULTURE SERVICES

DAIRY SERVICES

LAND SURVEYING & GIS

PLANNING & ENVIRONMENTAL

DISTRICT MANAGEMENT
FRESNO • CLOVIS • VISALIA • BAKERSFIELD
2505 Alluvial Avenue
Clovis, CA 93611-9166
(559) 326-1100 • FAX (559) 326-1090
www.ppeng.com

MEMORANDUM
To: Larry Dotson, PE
From: Richard Moss, PE, Randy Hopkins, PE
Subject: Packwood and Cameron Creeks Pool and Basin Reconnaissance Study Date: August 10, 2010

BACKGROUND
The Kaweah Delta Water Conservation District (KDWCD) is working with the City of Visalia, CalWater and Tulare Irrigation District to develop a groundwater recharge program in the Visalia region. As part of this effort the agencies are considering using Packwood and Cameron creeks to convey water from the Kaweah or St. Johns rivers (originating from either the Kaweah River or CVP Friant-Kern Canal) to one or more basins for groundwater recharge. In-channel check structures could also be used to store water in the creeks to increase recharge.

A hydraulics and capacity analysis was previously performed on both Packwood and Cameron creeks along their alignments near and through the City of Visalia. A HECRAS model was developed for each creek to determine anticipated water surface elevations at various flow rates. In conjunction with the HEC-RAS models, profiles of each creek were developed to show potential capacity and freeboard issues at various flow rates.

PURPOSE AND SCOPE
KDWCD and the City of Visalia are considering the use of these two creeks for groundwater recharge and/or conveying surface water to recharge basins located along the creek alignments. By using existing check structures or constructing new ones at strategic locations along the creeks, pools could be developed to temporarily store water and to allow it to percolate into the aquifer or to allow the water to be diverted into adjacent basins for recharge.

A pool capacity analysis was performed for several pool alternatives along each creek alignment. Potential pool locations were identified that maximize the pool depth and length of pool upstream of the check structure. For each pool alternative, a conceptual opinion of probable construction cost was developed to weigh the cost and benefit of each pool alternative. The data used for the analysis was based on work developed from the previous hydraulic capacity analysis. In addition, existing and new basins were considered for recharge outside of the creek channels, and estimates of recharge capacity were determined.
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc

ANALYSES
The analyses utilized the profiles developed from the previous topographic survey and HEC-RAS modeling. In addition, all estimates of recharge rates assume, for the limited purposes of this study, a continuous percolation rate of one-half foot per day and that all percolation occurs at the floor of the channel or basin, not on the embankments. This percolation rate is only an estimate to provide a sense of relative benefits between alternatives studied and should not be used for any other purpose until verified through actual field tests and studies. The pools, check structures, and recharge basins considered for this study along each creek are shown in the attached creek plan and profile drawings.

Pool Location Selection
The portions of each creek modeled in HEC-RAS were reviewed for suitability for water storage pools. Check structures were assumed to be required to create the pools. For the purposes of this study, “check structures” could refer to new concrete structures, existing concrete structures, temporary earthen dams, or existing bridges or culverts with new or existing board guides. It was assumed that the check structures should be located in areas easily accessed by District or City staff for operations and maintenance purposes. Other considerations for locating the check structures were the available channel freeboard, high water levels determined from the HEC-RAS model, depth of channel upstream of the potential check structure and the proximity of the site to provide benefits to the City’s groundwater.

To determine estimated pool volumes, channel cross sections from the HEC-RAS model were reviewed along with pool water surface elevations. Pool water surface elevations were selected to maintain at least one-foot of freeboard (when possible) in the channel. Channel cross-sectional areas were estimated every 1,000 feet along each pool, with most pools being approximately 6,000 to 8,000 feet long.

Seven potential pools were identified for Packwood Creek and four were identified for Cameron Creek. See the attached pool volume calculations for each creek. The pools identified in this study are summarized in the tables below:

Packwood Creek Pool Summary
Location of
Check
(station)
Type of
Check
Pool Water
Surface
Elev. (feet)
Length of
Pool (feet)
Volume of
Pool (acrefeet)
Est.

Potential
Monthly
Recharge
(acre-feet)
6+00 (E) Check 306 6,400 11.9 37
56+00 (E) Check 313 8,300 19.0 34
143+00 New Check
of Earthen
Dam
321 5,200 7.7 20
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc 208+00 New Check
or Earthen
Dam
330 7,500 13.2 27
280+00 New Check
or Earthen
Dam
336 5,500 9.7 20
300+00 New Check
or Earthen
Dam
340 7,000 15.2 24
376+00 New Check
or Earthen
Dam
348 6,500 15.0 26
Cameron Creek Pool Summary
Location
of Check
(station)
Type of Check Pool Water
Surface
Elev. (feet)
Length of
Pool (feet)
Volume of
Pool (acrefeet)
Est.

Potential
Monthly
Recharge
(acre-feet)
142+00 New Check or
Earthen Dam
328.5 3,800 5.8 21
203+00 New Check or
Earthen Dam
336 6,900 11.3 50
280+00 New Check or
Earthen Dam
344 7,000 12.2 44
325+00 New Check or
Earthen Dam
349 4,500 13.1 24
Basin Location Selection
In addition to utilizing pools within the creek channels, basins near the creeks were also considered for recharge. A check structure would again be required to back water up to be diverted into conveyance facilities leading to the basins. Several existing basins (shown in light blue) along the Packwood Creek alignment that may be utilized for recharge, while it appears Cameron Creek has no existing adjacent basins. For purposes of estimating costs, it was assumed that a new connection facility between a creek and basin would be required, even if there is an existing connection facility, due to capacity limitations or original intended use. Several existing basins currently used as parks (shown in green) within the City of Visalia are either adjacent to or near Packwood Creek. However, these were not considered for recharge in all cases because of their current use as parks.
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc Packwood Creek Basin Summary
Location of
Basin (station)
Type (Name) of Basin Approx. Basin
Size (acres)
Est. Potential Monthly
Recharge (acre-feet)
56+00 Existing (“Police Station
Basin”)

7.2 110
71+00 Existing (“Food-4-Less”
or “State” Basin)

1.4 20
106+00 New (“Stonebrook
Park”)
5 75
208+00 New Up to 17 Up to 255
280+00 Existing basin/orchard 14 210
320+00 Existing (“Dooley
Basin”)

5.7 85
380+00 Existing/New (including
“Blain Basin”)

7.5 (existing) up
to 100
110 up to 1,400
440+00 Existing (“Oaks Basin”) 28 Up to 420
Cameron Creek Basin Summary
Location of
Basin (station)
Type (Name) of Basin Approx. Basin
Size (acres)
Est. Potential Monthly
Recharge (acre-feet)
325+00 New Up to 80 Up to 1,200
For the purposes of this study, it was assumed new basins would only be constructed on undeveloped land of “significant” size.

Packwood Creek
There is a storm drain line that leads from the Stonebrook Park drainage facilities to Packwood Creek. It should be fairly easy to tie into this line and divert water from Packwood Creek into Stonebrook Park. The park would need to be reconfigured to allow a significant portion of the park to be flooded in the summertime. Clearly an effort would need to be made to mitigate the loss of park land. Some mitigation could be as park improvements incorporating the regular presence of water as an added park feature.

The new potential Packwood Creek basin at station 208+00 listed above is located on a large parcel near an existing mobile home park and railroad tracks which was previously a site of an olive processing plan. The owner of this parcel already has plans to develop this property but may be willing to consider a sale alternative in this down development economy. He has not been contacted.
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc The potential to expand the existing Blain Basins up to 100 acres has greater potential given the City of Visalia already owns this property. It is slated to be developed into a regional sports park, but given its prime location from a groundwater recharge standpoint, consideration should be given to using it as a recharge site, at least for interim use. It is also well located for potential use for storm water layoff for either Packwood Creek or Mill Creek.

Cameron Creek
Data from the topographic survey indicates that Cameron Creek is shallower than Packwood Creek, often making it more difficult to form a pool of significant volume using a check structure. However, the portion of Cameron Creek considered for this study is primarily within rural agricultural areas, allowing flexibility in selecting locations for siting and sizing recharge basins. Ideally, the connection facility between the creek and any recharge basin would be immediately upstream of a check structure to maximize water depth in the basin. General areas to consider recharge basins along Cameron Creek include immediately east of Lovers Lane to near station 330+00 just downstream of the creek’s headgate. Those areas would also allow for deeper pools when backed up with a new check structure.

A new basin location was selected near a new check structure (near station 325+00) that would put the additional recharge site in good proximity to the City’s current urban boundary. No contact with the current landowner has been made.

SUMMARY
Based on the available data and information, conceptual opinions of construction costs were developed for each check structure and pool option considered in this study (see the attached cost breakdowns for further details). A summary of pool improvement alternatives are shown in the tables below for each creek.

Packwood Creek Pool Costs
Location of
Check
(station)
Volume of
Pool (acrefeet)
Est. Check & Pool
Improvement Costs
(Permanent)
Est. Check & Pool
Improvement Costs
(Temporary)
6+00 11.9 $3,000 n/a
56+00 19.0 $3,000 n/a
143+00 7.7 $58,000 $25,000
208+00 13.2 $187,000 $24,000
280+00 9.7 $203,000 $24,000
300+00 15.2 $178,000 $18,000
376+00 15.0 $173,000 $10,000
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc Cameron Creek Pool Costs
Location of
Check
(station)
Volume of
Pool (acrefeet)
Est. Check & Pool
Improvement Costs
(Permanent)
Est. Check & Pool
Improvement Costs
(Temporary)
142+00 5.8 $9,000 n/a
208+00 11.3 $55,000 $22,000
280+00 12.2 $48,000 $14,000
325+00 13.1 $145,000 $7,000
“Permanent” check and pool improvements include the construction of a permanent standalone concrete check structure with provisions for board guides. “Temporary” check and pool improvements include the construction of an earthen dam with a corrugated metal pipe (CMP) water control structure located within the dam. This control structure would likely consist of a large diameter CMP vertical riser half pipe with board guides, with a horizontal outlet pipe that would have the capability to convey nominal creeks flows without removing the dam. An example of such a structure is shown in Figure 1 below.

Figure 1 – CMP Half Pipe Structure
In addition, it is estimated that most tie-in facilities used for connecting a creek to an adjacent basin would likely have construction costs in the range of $100,000 to $150,000, depending on size and capacity requirements.
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V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Reports\2010-08-10 Creek Pool and Pond Memo.doc

NEXT STEPS
Additional work to further investigate the feasibility of creek and/or basin recharge activities includes:
• Performing geotechnical, insitu seepage, and/or flow measurement tests to verify the percolation rates within the creek channels and basins considered in this study in order to refine estimates of the amount of potential recharge capacity of the creeks and basins considered in this study;
• Refine construction estimates for check structures and basin tie-ins and prioritize projects to pursue and construct.

Additional topics to be explored include the need to meet the future conveyance demands of Tulare Irrigation District for these creeks and to assist the City of Visalia in utilizing these creeks as storm water control facilities:
• Reviewing how these creeks can best be used to allow Tulare Irrigation District to meet their future conveyance demands and identify necessary improvements.

Some of this is expected to be accomplished as part of the Tulare Irrigation District’s System Optimization Review Study currently underway; • Reviewing how these creeks can best be integrated in the City of Visalia’s storm water master plan.
1093
Kaweah Delta Water Conservation District
Packwood and Cameron Creeks Reconaissance Study
Creek Pool Volume Estimates
JOB #: 1225 0901
COMP. BY: ASC
CHKD. BY:

DATE: 8/11/2010
Packwood Creek
Check Sta: 6+00
Water surface elev: 306 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
639 300 184
1,000 300.4 185 73696 1.7
2,000 300.6 105 145174 3.3
3,000 301.4 106 105788 2.4
4,000 302.5 69 87349 2.0
5,000 303 58 63500 1.5
6,000 304.8 15 36783 0.8
End 7,000 7548 0.2
Total 519838 11.9
Check Sta: 56+00
Water surface elev: 313 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
5,500 304.3 353
6,000 304.8 230 116518 2.7
7,000 305.8 177 203517 4.7
8,000 306.7 146 161615 3.7
9,000 307.6 102 124153 2.9
10,000 308.9 74 88164 2.0
11,000 309.8 49 61541 1.4
12,000 310.5 29 39159 0.9
13,000 311.4 21 24979 0.6
End 13,800 8278 0.2
Total 827924 19.0
Check Sta: 143+00
Water surface elev: 321 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
14,500 314.3 120
15,000 315.6 105 78830 1.8
16,000 317.3 93 98950 2.3
17,000 316.9 77 85139 2.0
18,000 318.9 25 51204 1.2
19,000 320.1 12 18341 0.4
End 19,700 4089 0.1
Total 336553 7.7
V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Pool Volumes 1094 Kaweah Delta Water Conservation District
Packwood and Cameron Creeks Reconaissance Study
Creek Pool Volume Estimates
JOB #: 1225 0901
COMP. BY: ASC
CHKD. BY:

DATE: 8/11/2010
Check Sta: 208+00
Water surface elev: 330 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
20,501 321.65 194
21,000 322 199 39375 0.9
22,000 322.5 157 178374 4.1
23,000 324.1 129 143137 3.3
24,000 326.5 49 89144 2.0
25,000 327 46 47666 1.1
26,000 328.3 40 42753 1.0
27,000 328.9 15 27092 0.6
End 28,000 7304 0.2
Total 574844 13.2
Check Sta: 280+00
Water surface elev: 336 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
28,000 330 164
29,000 330.4 135 149779 3.4
30,000 331.4 91 112817 2.6
31,000 331.8 65 77803 1.8
32,000 332.6 44 54743 1.3
33,000 335.3 7 25644 0.6
End 33,500 1725 0.0
Total 422512 9.7
Check Sta: 300+00
Water surface elev: 340 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
30,000 331.45 234
31,000 331.8 187 210886 4.8
32,000 332.6 151 169217 3.9
33,000 335.3 81 116098 2.7
34,000 337.1 56 68685 1.6
35,000 337.65 42 48915 1.1
36,000 337.95 26 33974 0.8
End 37,000 13217 0.3
Total 660992 15.2
V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Pool Volumes 1095 Kaweah Delta Water Conservation District
Packwood and Cameron Creeks Reconaissance Study
Creek Pool Volume Estimates
JOB #: 1225 0901
COMP. BY: ASC
CHKD. BY:

DATE: 8/11/2010
Check Sta: 376+00
Water surface elev: 348 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
37,501 340 182
38,000 340.75 244 106404 2.4
39,000 341.75 147 195585 4.5
40,000 342.5 119 133179 3.1
41,000 342.3 87 103253 2.4
42,000 344.75 43 65250 1.5
43,000 345.55 26 34887 0.8
End 44,000 13242 0.3
Total 651799 15.0
Cameron Creek
Check Sta: 142+00
Water surface elev: 328.5 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
14,000 321.5 191
15,000 324.2 87 111219 2.6
16,000 325.9 60 73349 1.7
17,000 326.8 40 49903 1.1
End 17,800 16065 0.4
Total 250536 5.8
Check Sta: 203+00
Water surface elev: 336 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
20,000 330.1 178
21,000 331.6 140 111121 2.6
22,000 332 108 123661 2.8
23,000 333 59 83230 1.9
24,000 334 66 62625 1.4
25,000 334.1 48 57106 1.3
26,000 334.6 32 39763 0.9
End 26,900 14266 0.3
Total 491773 11.3
V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Pool Volumes 1096 Kaweah Delta Water Conservation District
Packwood and Cameron Creeks Reconaissance Study
Creek Pool Volume Estimates
JOB #: 1225 0901
COMP. BY: ASC
CHKD. BY:

DATE: 8/11/2010
Check Sta: 280+00
Water surface elev: 344 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
28,037 337.5 233
28,993 339.14 151 183808 4.2
30,000 339.9 103 128243 2.9
31,000 340.05 70 86611 2.0
32,000 341.55 51 60232 1.4
33,000 342.2 36 43139 1.0
34,000 343.5 10 22689 0.5
End 35,000 4914 0.1
Total 529635 12.2
Check Sta: 325+00
Water surface elev: 349 ft
Sta Floor Elev Area Volume (CF) Volume (AF)
32,335 341.2 228
33,000 342.2 199 141926 3.3
34,000 343.5 156 177517 4.1
35,000 343.9 126 140950 3.2
36,000 346.4 50 87839 2.0
End 36,854 21399 0.5
Total 569630 13.1
V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Pool Volumes 1097 Item
No. Item Description Estimated Quantity Unit Unit Price Amount Station 6+00 Check Improvements (11.9 AF)
1 Raise left bank to maintain freeboard (150 LF) 200 CY $15 $3,000 Total $3,000
Station 56+00 Check Improvements (19.0 AF)
2 Raise both banks to maintain freeboard (100 LF) 200 CY $15 $3,000 Total $3,000
Station 143+00 (West St.) Check Improvements (7.7 AF)
Earth Dam Option
3 Raise both banks to maintain freeboard (600 LF) 1,200 CY $15 $18,000 4 Construct earth dam (include overexcavation and scarification) 50 CY $30 $1,500 5 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $25,000
Check Structure Option
6 Raise both banks to maintain freeboard (600 LF) 1,200 CY $15 $18,000

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST

KAWEAH DELTA WATER CONSERVATION DISTRICT

PACKWOOD AND CAMERON CREEKS RECONAISSANCE STUDY
8/10/2010

PACKWOOD CREEK CHECK STRUCTURES AND POND INTERTIES
6 Raise both banks to maintain freeboard (600 LF) 1,200 CY $15 $18,000 7 Modify West Street culvert with board guides 1 LS $40,000 $40,000 Total $58,000
Station 208+00 Check Improvements (13.2 AF)
Earth Dam Option
8 Raise right bank to maintain freeboard (600 LF) 1,100 CY $15 $16,500 9 Construct earth dam (include overexcavation and scarification) 70 CY $30 $2,100 10 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $24,000
Check Structure Option
11 Raise right bank to maintain freeboard (600 LF) 1,100 CY $15 $16,500 12 Construct new check structure (no gates) 1 LS $150,000 $150,000 13 Channel improvements around structure (lining, rip rap, etc.) 1 LS $20,000 $20,000 Total $187,000
Optional for Basin Recharge
14 Construct tie-in to proposed basin south of creek 1 LS $110,000 $110,000 V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Checks and Ponds Cost Estimate FORM EE2 (Nov 2004) 1098
Item
No. Item Description Estimated Quantity Unit Unit Price Amount

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST

KAWEAH DELTA WATER CONSERVATION DISTRICT

PACKWOOD AND CAMERON CREEKS RECONAISSANCE STUDY
8/10/2010

PACKWOOD CREEK CHECK STRUCTURES AND POND INTERTIES
Station 280+00 Check Improvements (9.7 AF)
Earth Dam Option
15 Raise right bank to maintain freeboard (600 LF) 1,100 CY $15 $16,500 16 Construct earth dam (include overexcavation and scarification) 70 CY $30 $2,100 17 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $24,000
Check Structure Option
18 Raise right bank to maintain freeboard (1100 LF) 2,200 CY $15 $33,000 19 Construct new check structure (no gates) 1 LS $150,000 $150,000 20 Channel improvements around structure (lining, rip rap, etc.) 1 LS $20,000 $20,000 Total $203,000
Optional for Basin Recharge
21 Construct tie-in to existing orchard/basin east of creek 1 LS $110,000 $110,000 Station 300+00 Check Improvements (15.2 AF)
Earth Dam Option
22 Raise both banks to maintain freeboard (450 LF) 700 CY $15 $10,500 23 Construct earth dam (include overexcavation and scarification) 70 CY $30 $2,100 24 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $18,000
Check Structure Option
25 Raise left bank to maintain freeboard (450 LF) 500 CY $15 $7,500 26 Construct new check structure (no gates) 1 LS $150,000 $150,000 27 Channel improvements around structure (lining, rip rap, etc.) 1 LS $20,000 $20,000 Total $178,000
V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Checks and Ponds Cost Estimate FORM EE2 (Nov 2004) 1099
Item
No. Item Description Estimated Quantity Unit Unit Price Amount

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST

KAWEAH DELTA WATER CONSERVATION DISTRICT

PACKWOOD AND CAMERON CREEKS RECONAISSANCE STUDY
8/10/2010

PACKWOOD CREEK CHECK STRUCTURES AND POND INTERTIES
Station 376+00 Check Improvements (15.0 AF)
Earth Dam Option
28 Raise both banks to maintain freeboard (150 LF) 200 CY $15 $3,000 29 Construct earth dam (include overexcavation and scarification) 70 CY $30 $2,100 30 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $10,000
Check Structure Option
31 Raise both banks to maintain freeboard (150 LF) 200 CY $15 $3,000 32 Construct new check structure (no gates) 1 LS $150,000 $150,000 33 Channel improvements around structure (lining, rip rap, etc.) 1 LS $20,000 $20,000 Total $173,000
Optional for Basin Recharge
34 Construct tie-in to existing basin north of creek 1 LS $110,000 $110,000 35 Construct tie-in to existing basin south of creek 1 LS $110,000 $110,000 36 Construct tie-in to proposed basins north of creek 1 LS $110,000 $110,000 37 Construct tie-in to proposed basins south of creek 1 LS $110,000 $110,000 Total $440,000
NOTE(S):

Excludes costs for proposed basin construction.

Excludes mobilization/demobilization, bonds, insurance, etc.

V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Checks and Ponds Cost Estimate FORM EE2 (Nov 2004) 1100
Item
No. Item Description Estimated Quantity Unit Unit Price Amount Station 142+00 Check Improvements (5.8 AF)
1 Raise left bank to maintain freeboard (500 LF) 600 CY $15 $9,000 Total $9,000
Station 208+00 Check Improvements (11.3 AF)
Earth Dam Option
2 Raise both banks to maintain freeboard (800 LF) 1,000 CY $15 $15,000 3 Construct earth dam (include overexcavation and scarification) 50 CY $30 $1,500 4 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $22,000
Check Structure Option
5 Raise banks to maintain freeboard (800 LF) 1,000 CY $15 $15,000 6 Modify Lovers Lane culvert with board guides 1 LS $40,000 $40,000 Total $55,000
Station 280+00 Check Improvements (12.2 AF)
Earth Dam Option
7 Raise right bank to maintain freeboard (600 LF) 500 CY $15 $7,500

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST

KAWEAH DELTA WATER CONSERVATION DISTRICT

PACKWOOD AND CAMERON CREEKS RECONAISSANCE STUDY

CAMERON CREEK CHECK STRUCTURES AND POND INTERTIES
8/10/2010
7 Raise right bank to maintain freeboard (600 LF) 500 CY $15 $7,500 8 Construct earth dam (include overexcavation and scarification) 50 CY $30 $1,500 9 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $14,000
Check Structure Option
10 Raise right bank to maintain freeboard (600 LF) 500 CY $15 $7,500 11 Modify Road 148 culvert with board guides 1 LS $40,000 $40,000 Total $48,000
V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Checks and Ponds Cost Estimate FORM EE2 (Nov 2004) 1101
Item
No. Item Description Estimated Quantity Unit Unit Price Amount

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST

KAWEAH DELTA WATER CONSERVATION DISTRICT

PACKWOOD AND CAMERON CREEKS RECONAISSANCE STUDY

CAMERON CREEK CHECK STRUCTURES AND POND INTERTIES
8/10/2010
Station 325+00 Check Improvements (13.1 AF)
Earth Dam Option
12 Construct earth dam (include overexcavation and scarification) 70 CY $30 $2,100 13 Construct half pipe CMP riser 1 LS $5,000 $5,000
Total $7,000
Check Structure Option
14 Construct new check structure (no gates) 1 LS $150,000 $125,000 15 Channel improvements around structure (lining, rip rap, etc.) 1 LS $20,000 $20,000 Total $145,000
Optional for Basin Recharge
16 Construct tie-in to proposed basin south of creek 1 LS $250,000 $250,000 NOTE(S):

Excludes costs for proposed basin construction.

Excludes mobilization/demobilization, bonds, insurance, etc.

V:\Clients\Kaweah Delta WCD - 1225\12250901-SUR\_DOCUMENTS\Calculations\Creek Checks and Ponds Cost Estimate FORM EE2 (Nov 2004) 1102
1103
1104
1105
1106
1107
1108
1109
1110
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BOARD OF DIRECTORS
Steve Nelsen
Visalia, Chair
Blake Wilbur
Tulare, Vice Chair
Dennis Mederos
Tulare
Liz Wynn
Visalia
David Bixler
Tulare ID
Dave Martin
Tulare ID
Mid-Kaweah Groundwater
Sustainability Agency
6826 Avenue 240
Tulare, California 93274
Phone: (559) 686-3425
Website: midkaweah.org
December 15, 2025
City Council
City of Visalia
425 E. Oak Avenue
Visalia, CA 93291
Subject: Cameron Creek Linear Recharge Project – MKGSA Commitment Honorable Mayor and Members of the City Council:

On behalf of the Mid-Kaweah Groundwater Sustainability Agency (MKGSA), this letter is provided to formally acknowledge and confirm the Agency’s commitment to pursue the Cameron Creek Linear Recharge Project in coordination with the City of Visalia.

The MKGSA has agreed to advance the Cameron Creek Linear Recharge Project as a regional groundwater sustainability project that will provide significant recharge benefits within the City of Visalia and the greater Kaweah Subbasin. The project scope includes construction of the Measurement Station, the Lovers Lane Structure, and the placement of a rubble dam at the Rector Station location.

In recognition of the regional benefits and the importance of timely project delivery, the MKGSA further acknowledges and affirms its commitment to cover project costs that exceed available grant funding. This commitment is intended to ensure that the revised project scope can be implemented without delay and in a manner consistent with the approved design and intended groundwater recharge objectives. On December 9, 2025 by unanimous vote the MKGSA Board of Directors approved cost-sharing amongst the members the costs above all potential grant and other funds available to the City of Visalia.

The MKGSA appreciates the City of Visalia’s partnership and cooperation in the development of this project and looks forward to continued collaboration as the project moves forward through construction and implementation. This joint effort represents an important step toward improving groundwater sustainability, enhancing recharge capacity, and supporting long-term water reliability for the region.

Should you have any questions or require additional information, please do not hesitate to contact our staff. We appreciate the City Council’s continued leadership and support on regional water management Sincerely,
Aaron Fukuda, Interim General Manager
Mid-Kaweah Groundwater Sustainability Agency
1112
1113

CAMERON CREEK LINEAR RECHARGE PROJECT
RFB 25-26-06
CONTRACT WITH KATCH ENVIRONMENTAL INC.
36 CONTRACT

CONTRACT

CITY OF VISALIA

STATE OF CALIFORNIA
This Contract for the construction of the CAMERON CREEK LINEAR RECHARGE PROJECT, is made between the City of Visalia, (hereinafter “the City”), and Katch Environmental, Inc., (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner the CAMERON CREEK LINEAR RECHARGE PROJECT, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof.

Said work to be done is shown upon the following plans:

RFB No.: 25-26-06
Project Name: CAMERON CREEK LINEAR RECHARGE PROJECT
CIP: 3010-72000/CP0620-999
which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
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37 Base Bid
ITEM
NO. DESCRIPTION OF WORK QNTY UNIT Unit Price Amount
1 Mobilization & Demobilization
1 LS $ 147,600.00 $ 147,600.00
2 Worker & Public Protection
1 LS $ 174,992.23 $ 174,992.23
3 NPDES/Water Pollution Prevention
Compliance

1 LS $ 23,000.00 $ 23,000.00
4 Dust Control
1 LS $ 116,215.06 $ 116,215.06
5 Environmental Mitigation &
Requirements

1 LS $ 30,000.00 $ 30,000.00
6 Project Funding Sign
1 EA $ 5,000.00 $ 5,000.00
7 Measurement Check Clearing &
Grubbing

1 LS $ 9,112.22 $ 9,112.22
8 Measurement Check Site Earthwork
1 LS $ 22,021.70 $ 22,021.70
9 Measurement Check Construct
Structure & Canal Liner

1 LS $ 359,793.17 $ 359,793.17
10 Measurement Check Furnish & Install
Channel Rip-Rap (F)

1,220 SF $ 28.26 $ 34,477.20
11 Measurement Check Furnish & Install
Wrought Iron Fence & Gates

58 LF $ 609.50 $ 35,351.00
12 Measurement Check Furnish & Install
Rubicon Flume Gate FGB-1370-1804

2 EA $ 76,810.94 $ 153,621.88
13 Measurement Check Furnish & Install
Quick Release Board Guide

1 LS $ 9,901.24 $ 9,901.24
14 Measurement Check Furnish & Install
30' Antenna Tower w/Anti-Climb
Shield

1 EA $ 9,876.66 $ 9,876.66
15 Measurement Check Furnish & Install
Conduit for Controls

1 LS $ 9,112.22 $ 9,112.22
16 Rector Check Clearing & Grubbing
1 LS $ 9,500.00 $ 9,500.00
17 Rector Check Site Earthwork
1 LS $ 22,021.20 $ 22,021.20
18 Rector Check Furnish & Install
Channel & Basin Rip-Rap (F)

870 SF $ 28.26 $ 24,586.20
19 Rector Check Furnish & Install
Wrought Iron Fence & Gate

54 LF $ 609.50 $ 32,913.00
20 Rector Check Furnish & Install 18"
SDR32.5 PVC Pipeline

47 LF $ 327.29 $ 15,382.63
21 Rector Check Furnish & Install 18"
RGRCP D-25 Pipeline

96 LF $ 220.69 $ 21,186.24
22 Rector Check Furnish & Install PreCast 18" Flared Inlet

1 LS $ 14,739.22 $ 14,739.22
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CONTRACT WITH KATCH ENVIRONMENTAL INC.
38 23 Rector Check Furnish & Install 48"
Diameter Manhole

1 LS $ 40,272.76 $ 40,272.76
24 Rector Check Furnish & Install Flow
Meter & Meter Vault

1 LS $ 95,923.75 $ 95,923.75
25 Lovers Check Clearing & Grubbing
1 LS $ 9,112.22 $ 9,112.22
26 Lovers Check Site Earthwork
1 LS $ 22,021.70 $ 22,021.70
27 Lovers Check Construct Structure &
Canal Liner

1 LS $ 301,976.17 $ 301,976.17
28 Lovers Check Furnish & Install
Channel Rip-Rap (F)

938 SF $ 28.26 $ 26,507.88
29 Lovers Check Furnish & Install
Wrought Iron Fence & Gates

56 LF $ 609.50 $ 34,132.00
30 Lovers Check Furnish & Install
AquaSystems LOPAC Gate & Stilling
Well

1 LS $ 135,643.35 $ 135,643.35
31 Lovers Check Furnish & Install Quick
Release Board Guide

1 LS $ 9,901.24 $ 9,901.24
32 Lovers Check Furnish & Install 40'
Antenna Tower w/Anti-Climb Shield

1 EA $ 9,876.66 $ 9,876.66
33 Lovers Check Furnish & Install
Conduits for controls

1 LS $ 9,112.22 $ 9,112.22
34 Pump Bypass System Plan
1 LS $ 25,000.00 $ 25,000.00

Calculated
Subtotal $ 1,999,883.02
Alternate Bid “C”
1 Measurement Pump Bypass System
Implementation 10 Per Day $ 6,729.01 $ 67,290.10
2 Rector Pump Bypass System
Implementation 10 Per Day $ 6,729.01 $ 67,290.10
3 Lovers Pump Bypass System
Implementation 10 Per Day $ 6,729.01 $ 67,290.10

Calculated
Subtotal $ 201,870.30
Change Order No. 1
Deduct Bid Item No. 19:
19 Rector Check Furnish & Install
Wrought Iron Fence & Gate 54 LF $ 609.50 $ ( 32,913.00) TOTAL CONTRACT AMOUNT $2,168,840.32
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39 ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any 1117

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40 insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles and shall be provided by a business automobile policy.

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291.

Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. 1118

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41 ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.

CITY OF VISALIA
____________________________ _______
City Manager Date

CONTRACTOR
______________________________________
By: Authorized Agent Date
______________________________________
Print Name, Title
APPROVED AS TO FORM:
____________________________ _______
City Attorney Date
____________________________ _______
Risk Manager Date
____________________________ _______
Project Manager Date

1119
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0611 Agenda Date: 1/20/2026 Agenda #: 15.

Agenda Item Wording:

Award annual contract for backflow testing, repairs, and maintenance services at various city owned locations - Authorize the City Manager to award contract to AAA Backflow Prevention for an annual amount not to exceed amount of $49,842.50.

Prepared by: Daryl Tillman, Park Maintenance Supervisor 559-713-4435; [email protected]; Zach Huff, Urban Forestry Supervisor; [email protected]; 559-713-4295; Ivan Nicar, Parks and Facilities Manager 559-713-4564; [email protected]; Jason Glick, Parks and Recreation Director 559-713-4042; [email protected].

Department Recommendation: Staff recommends that the City Council authorize the award of an annual contract for backflow testing, repairs, and maintenance services to AAA Backflow Prevention, of Stockton, CA, for an annual amount not to exceed amount of $49,842.50. The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Summary:

The City of Visalia maintains more than 785 backflow prevention devices that serve City-owned facilities, parks, trails, and landscape and lighting districts. To comply with Cal Water regulations, these devices must be tested annually by certified backflow technicians. In addition, the devices require ongoing maintenance and repairs. The cost of this contract is budgeted annually within the appropriate divisions that utilize these services.

Background Discussion:

On October 29, 2025, the City solicited bids by advertising in the Visalia Times-Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting vendors to participate in this bidding process.

On December 11, 2025, the City received bids from six (6) vendors, but two (2) were rejected due to failure to submit the proper bid form and the required documents. Staff have reviewed the bid for calculation errors and conformance with specifications outlined in the RFB.

BIDDER SUMMARY
Bidders Name Location Annual Cost
AAA Backflow Prevention Stockton, CA $49,842.50
Parker & Parker Visalia, CA $104,800.00
Robert Marks Plumbing Visalia, CA $126,750.00
American Inc. Visalia, CA $133,145.60
Visalia City Council Page 1 of 2 Printed on 1/15/2026
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File #: 25-0611 Agenda Date: 1/20/2026 Agenda #: 15.

The low bidder is AAA Backflow Prevention. Their DIR number and CSLB C-36 license are current, and they are not listed on the DLSE debarment list. Staff reviewed the submitted backflow certificate and verified that the company is included on Cal Water’s approved backflow provider list and meets all required qualifications. AAA Backflow Prevention has previously performed work for the City of Visalia, and staff also contacted the listed references to confirm qualifications and customer satisfaction.

Annual price adjustments at the time of contract renewal will be based on the Consumer Price Index (CPI). Costs for any future additions to the project area, if necessary, will be calculated by multiplying the contractor’s unit price for backflow testing and applicable hourly rates by the number of backflow devices added to the contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact: The services for this contract are budgeted in the parks maintenance fund, 1622- 54024, and 2731-55100, landscape and lighting districts fund and will not need a budget amendment.

Prior Council Action: None
Other: None
Alternatives: Reject bid and go out for another request for bidders.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract for backflow testing, repairs, and maintenance services at various City-owned locations to AAA Backflow Prevention, of Stockton, CA, for an annual amount not to exceed amount of $49,842.50 Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 1/20/2026
Attachments: RFB 24-25-41, sample contract, D-1 list of current backflows, E-1 City of Visalia labor compliance manual, E-2 State of California prevailing wage, RFB 24-25-41 addendum 1, RFB 24-25- 41 addendum 2, bid summary, bid form, and disclosure list.

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RFB NO. 24-25-41
Backflow Testing, Repairs, and Maintenance Services at Various City Owned Locations Page i

CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-41

ANNUAL CONTRACT

BACKFLOW TESTING, REPAIRS, AND MAINTENANCE SERVICES

AT VARIOUS CITY OWNED LOCATIONS

BIDS DUE NO LATER THAN 2:00 PM PST ON Thursday, December 11, 2025 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract, therefore it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached). All Bidders, Contractors and Subcontractors must be registered with the Department of Industrial Relations.

Advertisement Dates: 10/31/2025
11/05/2025
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Table of Contents
I. DEFINITIONS ........................................................................................................................... 1 II. INTRODUCTION ..................................................................................................................... 1 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS .............................. 2 A. Public Works Contractor Registration Program and Project Labor Agreements ..................... 2 IV. INSTRUCTIONS ................................................................................................................... 5 V. SCOPE OF SERVICES/PROJECT ........................................................................................... 6 A. WORK ASSIGNMENTS ......................................................................................................... 6 B. COMMUNICATION AND SERVICE CONFIRMATION REQUIREMENTS ..................... 7 C. DEVIATION FROM SCOPE OF WORK ................................................................................ 7 D. CONTRACTOR QUALIFICATIONS ..................................................................................... 8 E. SAFETY .................................................................................................................................... 8 F. BID REQUIREMENTS ............................................................................................................ 9 G. BACKFLOW LOCATIONS (See Attachment D-1) ................................................................ 9 H. TIME OF COMPLETION ........................................................................................................ 9 I. MONTHLY PROJECT MEETINGS ......................................................................................... 9 VI. PRE-BID AND CONTRACT MEETINGS .......................................................................... 9 VII. BID OPENING AND CONFIDENTIALITY ..................................................................... 10 VIII. AWARD .............................................................................................................................. 10 IX. PROTESTS/APPEALS........................................................................................................ 11 X. SPECIAL CONDITIONS ........................................................................................................ 11 A. Project Administrative Issues.................................................................................................. 11 B. City-Contractor Relations ....................................................................................................... 12 XI. GENERAL CONDITIONS ................................................................................................. 13 XII. POST AWARD RESPONSIBILITIES ............................................................................... 16 XIII. EXHIBITS ........................................................................................................................... 18 A. BID FORM ............................................................................................................................. 18 B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM .......................................... 23 B-1 BIDDER’S STATEMENT ON PREVIOUS CONTRACTS ........................................... 23 B-2 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE .............. 24 B-3 CERTIFICATE OF NONSEGREGATED FACILITIES ................................................. 25 B-4 NON-COLLUSION AFFIDAVIT .................................................................................... 26 B-5 WORKERS’ COMPENSATION INSURANCE CERTIFICATE ................................... 27 1123
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B-6 CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE ................ 28 B-7 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE .............. 29 B-8 OWNERSHIP DISCLOSURE AND CALIFORNIA LEVINE ACT STATEMENT ......30 B-9 DRUG-FREE WORKPLACE CERTIFICATION ........................................................... 31 B-10 IRAN CONTRACTING ACT CERTIFICATION ......................................................... 32 C. SAMPLE CONTRACT (does not need to be submitted with Bid/Proposal) ........................ 33 D. BACKFLOW LOCATIONS................................................................................................... 39 D-1 LIST OF CURRENT BACKFLOW LOCATIONS (See Attachment) ............................ 39 E. LABOR COMPLIANCE AND PREVAILING WAGE REQUIREMENTS ......................... 39 E-1 CITY OF VISALIA LABOR COMPLIANCE MANUAL (See Attachment) ................. 39 E-2 STATE OF CALIFORNIA PREVAILING WAGE (See Attachment) ............................ 39 1124
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I. DEFINITIONS
For the purposes of RFB NO. 24-25-41 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 24-25-41
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for Backflow Testing, Repairs, and Maintenance Services at Various City Owned Locations. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods." Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this RFB should be directed to the Purchasing Division at (559) 713-4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected].

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

The City of Visalia reserves the right to reject any or all bids. 1125
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III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS
A. Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after March 1, 2015 may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.  As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia.

Proof of registration for each contractor and subcontractor listed on the bid is required.  As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at:
http://www.dir.ca.gov/wpnodb.html .
 The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
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 In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.
 In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
 The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury. o As set forth in CLC section 1775(b)(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. o As set forth in CLC section 1775(b)(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.
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o As set forth in CLC section 1775(b)(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. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.  In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.  Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
 The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement 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 contract is less than thirty thousand dollars ($30,000).  As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o 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 section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
 The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.
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Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: RFB NO. 24-25-41 Backflow Testing, Repairs, and Maintenance Services Deadline: Thursday, December 11, 2025 @ 2:00 PM PST
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays.

Bids are not delivered or received when office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.

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4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Submit copies of Backflow Assembly Tester Certificates for any personnel employed by the Contractor or Subcontractor who will be performing tasks under this contract.

6. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.

However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB are due no later than Wednesday, November 26, 2025 at 4:00PM V. SCOPE OF SERVICES/PROJECT
Contractor shall provide all labor, materials and services to test, repair, overhaul or maintain backflow prevention assemblies. Currently there are approximately 785 backflow device locations to be maintained under this contract. Additional locations will be added to this contract as needed by the City.

A. WORK ASSIGNMENTS

1. Testing and Certification of all the backflow preventers per the appropriate standard as referenced in this RFB and conforming to all regulations of the State of California, Cal Water Service, OSHA and Health and Safety Codes.

2. Prior to conducting any tests, the contractor must specify the type of test performed and should provide a report for the same. The Contractor shall only perform tests that are essential for certification purposes.

3. If a backflow preventer system fails during the preliminary tests due to sedimentation and deposits on the backflow preventer, then the system should be cleaned. This operation should be carried out only if necessary for the backflow preventer to pass the certification tests. The contractor will not be paid for any unnecessary cleaning that is not necessary to make the preventer pass the test. The contractor must include comments in the report indicating the reason a cleaning operation is necessary for the Backflow Preventer to pass functional requirements.

4. If the backflow preventer does not pass the test after a cleaning operation and the contractor determines the repairs are minor in nature (cleaning dirt, o-ring or gasket replacement, etc.) then the contractor does not have to submit appropriate justification in a report to make the repair. The repair can be made in the field and this type of minor repair shall be considered as included in Contractor’s bid price. Should repairs be major in nature (backflow change), then the contractor shall submit appropriate justification in a report to the Project Manager. If there is any question as to the determination of the repair, whether minor or major in nature, the contractor shall contact the Project Manager by telephone to obtain direction as to the step(s) to take to proceed. All major repairs are performed at the Contractor’s hourly rate price (on bid sheet) and must be authorized in advance by the City.

5. The tester will be responsible for making reports on repairs to the City of Visalia Project Manager and Cal Water Service Company. Reports shall be completed using the forms and 1130
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methods approved and provided by the water purveyor and/or health agency having jurisdiction (Cal Water Service).

6. Contractor shall be responsible for insuring that all work performed under this contract conform to, and comply with, all applicable fire and safety regulations as issued by, but not limited to, the Cal Water Service Company, the Federal Government, the State of California, and the City of Visalia.

7. Contractor MUST respond to emergency backflow repair calls within two (2) hours of notification from the Project Manager or contact person. Contractor shall provide a 24-hour emergency contact number.

8. Contractor MUST submit required backflow repairs to the project manager with an itemized cost estimate for approval prior to making any repairs.

9. If the contractor is either unable to or cannot make repairs when requested, the City reserves the right to contact other companies to make the repairs.

10. All backflows that require replacement must be replaced with Febco or Wilkins Backflows, or a City approved equal.

11. Contractor must have City’s approval to replace a complete backflow.

12. Contractor must have City approval to replace backflow shut-off valves.

B. COMMUNICATION AND SERVICE CONFIRMATION REQUIREMENTS

1. Contractor shall acknowledge all communications from the City, including emails and phone calls, within 1 business day of receipt. Acknowledgment must include an expected response timeline. For emergency repair calls, Contractor must respond within two (2) hours of notification, as outlined in Section A.7. Contractor shall maintain a 24-hour emergency contact number and ensure that emergency communications are prioritized and responded to promptly.

2. Contractor shall provide written confirmation of services performed under this contract.

Confirmation shall include the date of service, location, technician name, and a brief description of the work completed.

Due to the volume of locations, Contractor may submit confirmations in batch format on a weekly basis, unless otherwise requested by the Project Manager. All confirmations shall be submitted electronically to the Project Manager.

3. Contractor shall ensure that all personnel performing work under this contract always conduct themselves in a professional manner. Repeated complaints regarding unprofessional behavior will be documented and may result in corrective action.

C. DEVIATION FROM SCOPE OF WORK

1. No deviations shall be made from this contract. Should the Contractor find any time during the progress of the work, that in his judgment conditions make desirable or necessary modifications in the requirements covering any particular item or items, he shall report such matters promptly to the Project Manager for instructions. 1131
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2. Please refer to Exhibit “D-1” of this RFB for a list of Backflow Locations. Additional backflow locations may be added during the term of this contract.

3. Contractor is to obtain authorization from the Project Manager prior to making any major repairs to the device.

D. CONTRACTOR QUALIFICATIONS

1. Contractor must be named on California Water Services’ list of approved Backflow Preventer Testers.

2. Any personnel employed by the Contractor who will be performing tasks under this contract must be certified backflow preventer assembly testers. Contractor shall submit to the City a copy of the Backflow Assembly Tester Certificates for all personnel who will be performing tasks under this contract. Certificates must be submitted at time of bid. If Contractor hires new staff or replaces staff involved with performing work under this project, Contractor must submit a copy of the new staff person’s Backflow Assembly Tester Certificate prior to having the new person perform service under the contract.

3. Where indicated on the Bid Form, The Contractor shall furnish three references for performing work (similar in size and scope to the requirements of this contract) in the California Water Service jurisdiction. References to include name of entity for which work was being done, date, contact information and scope of work.

4. Contractor must be registered with the Department of Industrial Relations and maintain valid registration annually for the life of the contract.

5. Contractor must be duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code to perform all aspects of work required under this contract. A current Class C-36, Plumbing license is required. See Section III for additional Department of Industrial Relations Requirements which apply to this project

6. Use of Subcontractors: Your proposal may include subcontractors, and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid.

Any Contractor utilizing a subcontractor is required to supply the City with copies of the Subcontractor’s Backflow Preventer Assembly Tester Certifications at time of bid submittal.

The subcontractor must also be registered and maintain registration with the Department of Industrial Relations.

E. SAFETY

1. The Contractor is responsible for compliance with all OSHA and other applicable safety regulations.

2. The Contractor shall take precautions to prevent citizens and others from coming in contact with the work being carried that may be hazardous to the safety of those individuals.

3. The Contractor must ensure that during all testing and inspection processes that damage does not occur to any equipment in and around the facility. 1132
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F. BID REQUIREMENTS

1. Submit costs for the testing and reports of Pressure Vacuum Breaker Backflows and Reduced Pressure Backflows allowing for the consideration of the City of Visalia supplying the replacement parts.

2. Contractor shall be reimbursed for parts and materials required for repairs or replacement. Contractor is to submit receipts for any authorized parts and materials purchased and itemize those on his monthly invoice. Invoices and receipts should clearly indicate the location and serial number for which the parts were purchased.

G. BACKFLOW LOCATIONS (See Attachment D-1)
The List of Current Locations are provided as an attachment to this RFB (Exhibit D-1).

Additional backflow locations may be added during the term of this contract.

H. TIME OF COMPLETION
In February of each year, City of Visalia receives the testing notifications from Cal Water Service. The City will then notify the Awarded Contractor of the units to be tested and provide Contractor with the appropriate compliance forms. Cal Water requires that the City’s units be tested and compliant prior to June 16 of each year.

Therefore, a Time of Completion Date has been established as follows: The Contractor will be allowed FOUR (4) MONTHS from the date City provides Contractor with testing forms to complete testing and required maintenance of the units. An additional ten (10) business days will be allowed to complete testing on any additional backflow locations added during the term of the contract.

I. MONTHLY PROJECT MEETINGS
In an effort to ensure that the City is in compliance with the requirements of California Water Service and that the Contractor is making progress with the testing and maintenance of the units it will be a requirement that the Contractor meet with the City’s Project Manager on a monthly basis during the testing period (Mar. – June).

These meetings shall be held sometime during the first week of each month and shall be arranged by the Awarded Contractor, who will telephone the City Project Manager at 559-713- 4295 to schedule the time/date and location for each meeting.

Meetings may be held in a City building or office if necessary. At these meetings, the Contractor shall provide the Project Manager with a status report on the number of notifications received from Cal Water and the number of units that have been tested to that point.

VI. PRE-BID AND CONTRACT MEETINGS

1. A Non-Mandatory Pre-Bid Meeting. An informational pre-bid meeting will be held on Tuesday, November 18, 2025, beginning at 10:00 AM (PST) at the Visalia City Hall, 707 W. Acequia, Visalia, CA. Attendance at this meeting is not required to submit a Bid in response to this RFB. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed. 1133
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2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Zach Huff
Department: Parks and Facilities
VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, December 11, 2025 at 2:00 PM at 707 W Acequia, Visalia CA, City Hall.

The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City. 1134
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IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS
A. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion. c. Omitted Items. Project Manager is authorized to omit minor contract items.

Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. Payment for approved Extra Work shall be as agreed to in writing. No additional payment is due for unauthorized Extra Work.
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e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced. f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

B. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent. c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so. d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements. e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern day fabrication shops and good construction practice. (2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner. f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
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(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.

City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
h. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
i. Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

Contractor shall comply with all applicable labor laws, and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.
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3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
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20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bid will be administered by the Parks and Recreation Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of 1139
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the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

31. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed. 1140
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2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

4. Required Bonds (Performance Bond): The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Fest A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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Bidding Agency:_________________
XIII. EXHIBITS
A. BID FORM
EXHIBIT “A”
RFB NO. 24-25-41
Project: BACKFLOW TESTING, REPAIRS, AND MAINTENANCE SERVICES

AT VARIOUS CITY OWNED LOCATIONS
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-41 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to supply insurance certificates, a performance bond and execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

LOWEST BIDDER will be determined by the Total Annual Cost. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
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Per Specifications RFB-24-25-41
Testing and Reports for Pressure
Vacuum Breaker Backflows and
Reduced Pressure Backflows
including maintenance & minor
repairs (City pays for parts)
Per Service Cost
(Unit Price)
Estimated
Annual
Quantity
Total Annual Cost
$__________per backflow 785 $________________
Contractor’s Hourly Rate (for major
repairs beyond routine maintenance &
minor repairs if requested by Project
Manager)
$__________per hour

40 hrs. $________________

Total Annual Cost $________________
Note: Minor repairs (e.g., o-rings, gaskets, cleaning) are included in the unit price. Major repairs must be pre-approved and will be billed at the hourly rate listed above. (1)__________________________________________________________________________________________ Bidding Firm
(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)__________________________________________________________________________________________ Business Address City State Zip Code
___________________________________________________________________________________________ Telephone Number Fax Number
___________________________________________________________________________________________ E-mail Address
(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)
__________________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street
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BIDDING AGENCY:_________________

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________EXP. DATE:___________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the business License Division for clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________ REFERENCE 2
NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________ REFERENCE 3
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ 1144
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SUBCONTRACTOR LISTING
BIDDING AGENCY:_______________________________
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

SUBCONTRACTOR INFORAMTION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
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BIDDING AGENCY:_______________________________

4. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

5. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

6. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper (providing all of the requested information for each subcontractor) and submit with Bid.
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B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
Submit with Bid
EXHIBIT “B-1”
B-1 BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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Submit with Bid
EXHIBIT “B-2”
B-2 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE (EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________________
Business Address:___________________________________________________________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal:
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Submit with Bid
EXHIBIT “B-3”
B-3 CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________ Business Address: ____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official:__________________________________________ Company Seal:
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Submit with Bid
EXHIBIT “B-4”
B-4 NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To Accompany Bid Form
In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that 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; 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. __________________________________________ ________________________ Signature Date
Note: The above Non-collusion Affidavit is part of the Bid/Proposal.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 1150
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Submit with Bid
EXHIBIT B-5
B-5 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
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 under this contract.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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Submit with Bid
EXHIBIT “B-6”
B-6 CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) By submission of a Bid, the BIDDER certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to AntiKickback Compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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Submit with Bid
EXHIBIT “B-7”
B-7 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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Submit with Bid
EXHIBIT “B-8”
B-8 OWNERSHIP DISCLOSURE AND CALIFORNIA LEVINE ACT STATEMENT The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
_________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _______________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
__________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company _______________
Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date

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Submit with Bid
EXHIBIT “B-9”

STATE OF CALIFORNIA
STD.21 (REV.12-93)
B-9 DRUG-FREE WORKPLACE CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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Submit with Bid
EXHIBIT “B-10”

B-10 IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1)Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2)A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Consultants from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature:__________________________________Printed Name:_________________________ Title:______________________________________AgencyName:_________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “C”
C. SAMPLE CONTRACT (does not need to be submitted with Bid/Proposal) Annual Contract for
Backflow Testing, Repairs, and Maintenance Services at Various City Owned Locations (City of Visalia Bid No. 24-25-41)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the Annual Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-41, Backflow Testing, Repairs, and Maintenance Services at Various City Owned Locations
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-41

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 24-25-41.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:
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TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager in writing a minimum of thirty (30) days but no sooner than ninety (90) days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 1158
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City of Visalia Project Manager
EXHIBIT “C, Attachment 1”

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the 1159
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court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 1160
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EXHIBIT “C, Attachment 2”

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia. b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
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c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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D. BACKFLOW LOCATIONS
D-1 LIST OF CURRENT BACKFLOW LOCATIONS (See Attachment) E. LABOR COMPLIANCE AND PREVAILING WAGE REQUIREMENTS
E-1 CITY OF VISALIA LABOR COMPLIANCE MANUAL (See Attachment) The City of Visalia Labor Compliance Manual is provided as a separate attachment and is hereby incorporated by reference into the contract documents. Bidders are required to review and comply with all provisions contained therein.

E-2 STATE OF CALIFORNIA PREVAILING WAGE (See Attachment) The applicable State of California Prevailing Wage Determinations are provided as a separate attachment and are incorporated by reference into the contract documents. Compliance with these wage determinations is mandatory for all work performed under this contract. 1163
# Subdivision Service Address Model Size
1 North Entry Sign 1 HWY 99 VISALIA ENTRY SIGN 825Y 0.75 2 Plaza Park 1 SW Ballfield Plaza 825Y 2
3 Westwood Park #1 & #2 100 E Menlo Ave I - s/e corner of S. Court and 825Y 1.5 4 Cameron Creek Ranch #2
1000 W. Cameron Ave. I (Cal water meter
located n/e corner of Vintage St. and 825Y 2
5 Ben Maddox S. of 198
1001 A S. Ben Maddox Way I (in median 300'
N/ of Tulare Ave) 825Y 2
6 Downtown Malls 101 E. Main St. I (SE corner Main & Court LF825YA 1.5 7 Mill Creek Riparian 101 N. Fairway St. I (S/W side of Road next to 825Y 1 8 Maddox and Caldwell #6 1010 E Monte Verde I LF860 2
9 Linwood Median 1030 SOUTH LINWOOD ST. A 825Y 1
10 Akers Median, N. of 198 1037 N. Akers St. I 975XL 0.75 11 Four Creeks #1 1039 N. Lovers Lane 975XL 1.5
12 Downtown Malls 105 S Floral I 825Y 1
13 Oval Triangles 107 Pine St I 975XL2 1
14 Downtown Malls 108 N. Bridge 975XL2 1
15 Downtown Malls 110 N. Bridge St. 825y 1
16 East Glen 1100 E. Buena Vista Ave. I 825Y 2
17 Downtown Malls 1100 N. Demaree St. I 975XL 2
18 Four Creeks Estates 1103 E. Buena Vista Ave. I 825Y 2 19 Noble & Min King Rdse. 1103 E. Mineral King (East of Oakhurst st) 825Y 1 20 Fox glen #1 1103 SOUTH CAIN STREET 825Y 1
21 Riverbend Village 112 E Dove 375XLB 1
22 Plaza Irrigation 1121 N Plaza Drive I 975XL2 1
23 Pinkham Park 1130 S. Pinkham Rd (inside fence 20' E/ of 825YA 1 24 Pinkham Park 1130 S. Pinkham Rd (inside fence 20' E/ of 825Y 1 25 Constitution Park 1137 S. Crenshaw Ct. 825Y 2
26 Mooney Blvd Median 1139 S. Mooney Blvd (Clock #4) 765 1 27 Lovers Ln Median, N/198 1148 S. Lovers Lane I 825Y 1.5 28 Key West #1, #2 & #3 1149 N. Linwood St. I 825Y 1.5
29 City Parking Lots
115 N Church Parking Lot #9 on Church (60'S
of Center West curb face) 975XL2 2
30 Sierra Point #4 115 South McAuliff St. I 825Y 1.5
31 NE DISTRICTS 1150 N. Lovers Lane 825Y 2
32 Walnut Breeze #1 (Kensington Manor) 1151 EAST DOROTHEA AVE. I 825Y 2 33 Walnut Breeze #1 (Kensington Manor)
1151 East Dorthea Ave. I (Cal Water Meter
located n/w corner of Ben Maddox Way and 825Y 2
34 City Parking Lots 117 NORTH FLORAL ST.I 825Y 1
35 City Parking Lots 120 NORTH LOCUST STR. 825Y 1
36 City Parking Lots
120 W Acequia Court & Plaza Parking Lot #11
(N.W. corner of Court & Acequia in planter) 825Y 0.75
37 City Parking Lots
120 W. Center Ave. I(Southside of Dumpster
Wall in planter) 860 1
1164
38 Stonebrook 1200 W Caldwell Ave. I 825Y 2
39 Seven Oaks Park 1200 E. Tulare Ave (S/W Park 200' N. of 825Y 1 40 Noble & Min King Rdse.
1200 W Mineral King Ave I Giddings & Mineral
King (200' East of Giddings) 825Y 1
41 Noble & Min King Rdse.
1200 W. Noble Ave. I _ Oak Park & Noble
(100' W of Oak Park, N/S of Noble in planter 825Y 1
42 City Parking Lots 1200 WEST MAIN STREET I 825Y 0.75
43 Country Akers #3 1201 N Akers St I 825Y 2
44 Downtown Malls
121 W Main St I S/S of Main St (in planter 60'
E/ of Locust st) 825Y 1
45 Stonebrook Park 1214 W. Hemlock Ave. I 825Y 1.5
46 Stonebrook Park 1214 W. Hemlock Ave. I 825Y 0.75
47 Stonebrook Park 1214 WEST HEMLOCK AVE I 825YD 3
48 City Parking Lots 1215 WEST CENTER AVE 825Y 1
49 Seven Oaks Park 1226 EAST TULARE AVE. I 825Y 0.75
50 Charter Oak #2 1233A E ST JOHNS PKY 765 1.25
51 Lovers Ln Median S/198 1234 S. Lovers Lane I (in Median) 825Y 1 52 Mooney Blvd Median 1234 S. Mooney Blvd 825y 2
53 Shannon Ranch #3 1236 W Sedona Ave. 375XLB 1.5
54 City Parking Lots 124 EAST ACEQUIA AVE. I 825Y 1
55 Oakwood Ranch 1240 N. Tilden St. I 825Y 1.5
56 Virmargo Village 1240 S Pinkham St I - Pinkham & Iris 765 2 57 Oakwood Ranch 1241 N. Tilden St. I 825Y 1.5
58 Downtown Malls 129 EAST MAIN STREET I 825Y 1
59 McAulliff Pond
1300 S. McAuliff - East end of (S/S of Tulare
Ave) Per 1201 S. McAuliff Juan C. 825y 2
60 McAulliff Pond 1300 S. McAuliff Rd I- 100' S/of Tu (South east 825y 1 61 Charter Oak #1
1300 E St Johns Pkwy - s/w corner of Ben
Maddox and St. John's PKWY 765 2
62 Goshen Ave Bikepath 1300 WEST MURRAY AVE. I 825Y 0.75 63 Noble & Min King Rdse. 1304 W. Noble Ave. I 825Y 1
64 Silver Creek 1315 E. Vine Ct. I 825Y 1.25
65 The Ranch 1317 N. Julieann St. I (n/s Houston 50' west 825Y 2 66 The Ranch 1319 N. Julianne St. I 34' NW of master, SS of 825Y 1.25 67 Luisi Ranch 1334 N Demaree St. I 975XL 2
68 Country Club 1349 N. County Center St. I 825Y 2
69 Goshen Median W. of Mooney 1349 NORTH PEPPERTREE STREET I 825Y 1 70 South Cameron Creek 140 W Visalia Pkwy I 825YA 2
71 St. John's River
1400 E St. Johns, n/e corner of Ben Maddox
and St. John's, in planter 975XL 2
72 Park Breeze 1400 WEST CALDWELL AVE. I 825Y 2
73 Transit Center 1401 E Goshen Ave. I 825Y 1
74 Hidden Oak #5 1401 South Ben Maddox Way I 825Y 2
75 Pine River Estates Phase #1 1403 N Virmargo St I 375XL 1.5 1165
76 East Oak Estates
1403 N. Comstock St I (Cal Water meter
located on south side of Houston Ave. e/w of 825Y 1.5
77 Summers Park 141 W. Ferguson Ave. I LF825Y 2
78 Summers Park 141 W. Ferguson Ave 825y 1
79 Mooney Blvd Median 1410 S. Mooney Blvd (Clock #5) 765 1 80 Valley Oaks #5 1412 N. Maple St. I 825YA 1.5
81 Houston Ave. & McAuliff 1420 N. Citrus Ct. I 825Y 1.5 82 Linwood Median 1420 S. Linwood St A (Clock #2) 825Y 1 83 Hidden Oak #1 & #2 1433 EAST PRINCETON COURT I 860 2 84 Oakwood #1 1433 North Demaree St. I 825Y 2
85 Spanish Oaks
145 Lovers Ln., S. of 149 N. Lovers Ln. middle
of block fence/115 N Lovers Ln 825Y 1
86 Whitendale Median
148 W Whitendale Ave. I In Median on
Whitendale at Locust 825Y 1
87 Nunez Heights 150' e. of n/e corner of Houston & Goddard 825Y 1 88 Stonebrook 150' w. of Packwood Cree, n/s Caldwell, next 825Y 1 89 Mooney Blvd Median 1500 Blk S. Mooney Blvd (clock #6) 765 1 90 Luisi Ranch 1500 N Wellsley St. I 825Y 2
91 Medians and Unimproved 1500 NORTH McAuliff STREET I 825Y 1 92 Hidden Oak #3 1501 SOUTH BEN MADDOX I 825 2
93 Noble & Min King Rdse. 1503 W Mineral King Ave I - Dollner & Mineral 975XL2 1 94 Lovers Ln Median S/198 1515 S LOVERS LANE 825Y 1
95 Fieldstone Oaks 1531 NORTH COUNTY CENTER DR. I 825Y 2 96 Akers Median S. of 198 1545 S. Akers St. I 825Y 0.75 97 Memorial Park 1550 W. Main St. 825Y 2
98 Mayor's Park
1551 W. Main St. I (Sierra Dr Alley- Eastside
Creek in Alley) 825Y 1.5
99 Mill Creek Riparian 160 N. Akers St. I 975XL2 1.5
100 Rotary Park
1600 S. Divisadero I- Harvard 20' N/ of So Pa
(lot & 10' E of curb face Rotary park) 825Y 2
101 Rotary Park
1600 S. Divisadero I- Harvard 20' N/ of So Pa
(lot & 10' E of curb face Rotary park) 825Y 2
102 Goshen Ave Bikepath 1600 W. Goshen Ave. I (N/W corner of 825Y 0.75 103 Mooney Blvd Median 1604 N Mooney Blvd I 825Y 1.5
104 Mooney Blvd Median 1604 N Mooney Blvd I 825Y 2..0
105 Summers Place 1627 N. Summers St. I LF825YA 1
106 Packwood Ditch 1630 E Walnut Ave. I 975XL 1
107 Briarwood
1633 E. Laura Ave. I - s/w corner of Ben
Maddox and Laura 825Y 2
108 Briarwood
1639 E. Beech Dr. I - s/w corner of Beech and
Ben Maddox 825 2
109 Silvercreek Estates 1641 EAST VINE COURT I 825Y 1.25 110 Fieldstone Oaks 1645 N. Mendonca St. I (Christians Park) 825Y 1 111 St. John's Estates 1648 E. Knight COURT I 825Y 1.5
1166
112 Golden Valley Estates
1650 N. McAuliff, 200' s. of Harold - McAuliff
and Elowin Ct., e/s of McAuliff 825Y 1.5
113 Caldwell Median E&W 1674 W. Caldwell Ave. I 825Y 1
114 Mooney Blvd Median 1700 Blk S. Mooney Blvd (Clock #7) 765 1 115 Di Mello Toscana 1700 N El Cajon St I 375XL 1
116 Soroptimist Park 1711 N Bollinger I (Buena Vista & Bollinger) 825Y 2 117 Soroptimist Park 1711 N Bollinger (Buena Vista & Bollinger) 825Y 1 118 Woodland Park 1711 N. Woodland St. I 825y 0.75
119 Woodland Park 1711 N. Woodland St. I (East side of park) 860 2.5 120 Mill Creek Riparian 1723 N Dunworth (near 3500 E Mill Creek) 825Y 2 121 Eagle Glenn #1 1733 S. Visalia Pkwy I (116' S of Harvard) 825YA 1.5 122 Grove East Estates 1737 E. Parrish Ct. I 825Y 1.5
123 Sunnyside Gateway
1745 W. Sunnyside Ave. I - S/E Cr. E/side (of
wall in planter) 825Y 0.75
124 Dorothea Gateway 1749 Dorothea Ave. I (200' E of Fairway Ave) 825Y 1 125 Tiffany Ranch 176 N Preston St. I 825Y 2
126 Emerald Park 1800 E. Douglas Ave. I 825Y 1
127 Willow Brook on the Park 1800 NORTH LIBERTY COURT I 825Y 1.5 128 West grove Estates
1801 S Akers St I - s/w Akers of Cambridge -
15' s/of south curb face 765 1.25
129 Eagle Glenn #1 1802 S. McAuliff St. I 825Y 2
130 East Glen 1818 N. Ben Maddox Way I 765 1.5
131 Packwood Riparian 1820 W. Cameron Ave. I 825Y 1.25
132 North Park Homes #2 1825 W. Riggin s/s next to brick wall 825Y 1.5 133 Linwood Median 1840 S. Linwood St. A 825Y 0.75
134 St. John's Parkway 1842 E. St. John's Parkway 975XL2 2 135 St. John's Parkway 1842 E. St. John's Parkway 975XL2 0.75 136 St. John's Parkway 1842 E. St. John's Pky N/side of street 825Y 2 137 St. John's Parkway 1844 E. St. John's Parkway 825Y 1 138 St. John's Parkway 1844 E. St. John's Parkway in median 825Y 1 139 St. John's River Park 1844 St. John's Pkwy 825Y 2
140 Walnut Roadside
1900 Blk E. Walnut Ave (on walnut straight
across from Cain st.) 825Y 1
141 Sunrise Point 1900 EAST K Road I 825YA 2
142 Soroptimist Park 1900 N Linwood St. I 825Y 2
143 The Ranch 4611 W. Buena Vista Ct. I 825Y 1.5
144 City Parking Lots
1900 N. LoversLn (St. Johns Pky S/W/
CORNER Parking lot) 825Y 0.75
145 Stonebridge #1 & #2 1900 SOUTH CEDAR ST I 825Y 2
146 Shannon Ranch #3-5 1903 W Shannon Pky I 375XL 2
147 Four Creeks Estates 1905 N. Edison St. I 825Y 2
148 Pine River Estates Phase 2 1919 N Virmargo St I 375XLB 1.5 149 Rosemont #1 1924 N. County Center St. I 825Y 2
150 Kennedy Heights 1930 E. Houston Ave. 825Y 1.5
1167
151 Fox glen #2 1930 EAST TULARE AVE 825Y 1.25
152 Sycamore Creek 1937 S Cottonwood, next to 1935 975XL2 2 153 Westgrove Estates 1938 SOUTH TEDDY STREET 825Y 2
154 Lisendra Pond 1939 S Roeben Rd 825Y 2
155 Mill Creek Trail only 195 N Preston St. I 40' N of Millcreek west of 375XL 1 156 Houston Triangle 200 Blk E. Houston AVE 765 1
157 Library Grounds
200 W Oak Ave - On Locust West side of
street - Next to side of Library Building LF825Y 2
158 Oval Triangles 200 Pine St. (7' E of West curb face) 825Y 1 159 Eagle Creek 2001 N Roeben St. I 825YA 2
160 City Parking Lots 201 N West STREET 825Y 0.75
161 Downtown Malls 201 W. Main St. I (SW corn Main & Locust) LF825YA 1.5 162 Ashley Grove 2010 N Leila St. I 825Y 1.5
163 Harter Court 2011 SOUTH CAIN STREET 825YA 2
164 Fieldstone Oaks 2021 N. County Center (250' N of Vine) 825Y 2 165 Seven Oaks 2036 E. Cherry, S/W corner of Pinkham and 825Y 1 166 Sequoia Heights 204 N. Virmargo 825Y 1
167 Police Substation NW 204 NW 3rd 350ADA 6
168 Police Substation NW 204 NW 3rd 950XL 0.75
169 Police Substation NW 204 NW 3rd 975XL 2
170 River Oak Park #6 2040 Chelsea Ct./2045 E St Johns Pkwy 825Y 1.5 171 St. John's River Park 2045 N. Ben Maddox 825Y 1.5
172 N. Mooney Blvd Median
2046 N Sunset Dr I (in median N/side across
fr sunset-main & Mooney) 825Y 2
173 Village Park Estates
2047 N Burke I - Burke at Buena Vista - 15'
s.of Buena Vista 765 1.5
174 Eagle Meadows 2049 W Sunnyview Ave 375XLB 1
175 Oval Triangles 208 N.E. 1st Ave. TR PAR (E/S of Triangle) 825Y 1 176 Downtown Malls 209 N. Church 825Y 1
177 Eagle Glenn #1 2100 Blk E Walnut (NE Corner of Pinkham) 825y 1 178 Walnut Roadside 2100 Blk E. Walnut Ave 825y 1
179 Mooney Blvd Median
2100 Blk S. Mooney Blvd (Clock #8)- fr 2nd
approach S/ of Walnut 765 1
180 Park Place 2100 E. Caldwell Ave. I LF825Y 1.5
181 Caldwell Median E&W 2100 E. Caldwell
182 Quail River 2100 S Simon 375XLB 2
183 Oaks 2101 W Riggin Ave I 825Y 2
184 Woodland Park #1 2101 W. Prospect Not Listed Not Listed 185 The Oaks #6 2108 N. Terrace St. 825Y 2
186 Valley Oaks 2108 S. Shirk St. I (20' east of meter) 825Y 2 187 City Parking Lots 211 N Bridge St. I LF825Y 1
188 City Parking Lots
211 S. Stevenson St. I (20' S of Alley W/S
street in planter Parking Lot #4 975XL 1.5
189 City Parking Lots 211 W. Murray Ave. (150' East of Encina on 825Y 0.75 1168
190 Park Place 2110 E Caldwell AVE. I 825Y 2
191 Windemere
2111 E. Kaweah Ct. I - s/e corner of Kaweah
Crt. and Pinkham 825Y 1
192 Akers Median, N. of 198 2111 N. Akers 825Y 1
193 Streets 2118 N Dinuba Blvd I 825Y 1
194 Riverbend #1&2 2118 N Dinuba Blvd I 825Y 1
195 City Parking Lots 212 S SANTA FE AVE I 825Y 1
196 Brookside #3 2120 SOUTH ATWOOD STREET I 825Y 1.5
197 Aspen Village 2122 N. Ben Maddox - 10' e. of curb face at 765 1.25 198 Eagle Creek 2126 N. Roeben St. I (50' S of Whitley) 825YAR 2 199 Foxwood #5 2128 N Mae Carden Ct 825YA 2
200 Visalia Rawhide 213 N Dudley I RECREATION PARK 825YD 3 201 Fieldstone Oaks 2140 N. University 825Y 2
202 The Oaks #4 2145 N. Zachary St. I 825Y 1.5
203 SW Corner Ferguson & Divisadero 2149 N Divisadero 375XL 1 204 Oval Triangles 215 NW FIRST AVE 825Y 1
205 Ben Maddox S. of 198 216 S. Ben Maddox Way I LF825Y 1.5 206 City Parking Lots
216 W Center. Parking Lot #2, N/S of Center
60' East of Encina in planter 975XL 0.75
207 City Parking Lots 219 N. Tipton St (in planter) 975XL 1 208 Chamber of Commerce 220 N. Santa Fe 975XL 2
209 Chamber of Commerce 220 N. Santa Fe 950XL 0.75
210 Chamber of Commerce 220 N. Santa Fe St. I 825Y 1
211 Chamber of Commerce 220 N. Santa Fe 350ADA 4
212 Police Substation NW 220 NW 3rd AVE I 375XL 2
213 Downtown Malls 220 W. Main St. (Encina St. N/E corner) 975XL2 1 214 Giddings Heights #2 2200 N. Giddings Ave. I 825Y 2
215 Giddings Heights #3 2200 N. Giddings Ave., 400 s. of Ferguson St. 825Y 2 216 Shannon Ranch #3-5 2200 W Shannon Parkway I 825YA 2 217 Luisi Acres #3&4 2201 N Central 375XL 1
218 Medians and Unimproved 2201 N Plaza Dr. I 975XL2 2
219 Woodland Park #4 2201 WEST FERGUSON AVE. I 825Y 2
220 Ashley Grove #13 2203 N Crowe St. I 825YA 2
221 Lexington Estates (Fieldstone) 2213 SOUTH ROBEN STR 825Y 2 222 W. Acequia Parking 222 W. Acequia DC 0.75
223 W. Acequia Parking 222 W. Acequia 825Y 1.5
224 W. Acequia Parking 222 W. Acequia I 774DCDA 6
225 Fire Station #52 2224 W. Monte Vista 825YD 2.5
226 Fire Station #52 2224 W. Monte Vista 825Y 2
227 Fire Station #52 2224 W. Monte Vista 375ASTR 2.5
228 Island Oaks #1 - #5
2225 N. Burke St. - 15' w/of west curb face
south of St Johns parkway 825Y 2
229 Cherry Meadow Park 2230 E Cherry Ave I 825Y 1.5
230 Cherry Meadow Park 2230 E Cherry Ave I 825Y 0.75
1169
231 Seven Oaks 2230 E. Cherry, 825Y 1.5
232 Seven Oaks 2230 E. Cherry, 825Y
233 Serenata #1 2233 NORTH LINWOOD 825Y 1.5
234 Foxwood #3 2235 N. Cottonwood St. I 825Y 2
235 Briarwood Pond 2245 S. Beech Dr. I (N of 2301 S Beech) 975XL 1 236 Linwood Median 2245 S. Linwood St A 825Y 1
237 City Parking Lots 225 N. Garden St. I (at the meter) 825Y 1 238 Downtown Malls 225 W Main St I 825Y 1
239 Lions Park 2250 N Denton St. I 825YA 2
240 Lovers Ln Median, N/198 2251 S. Lovers Lane 825Y 1
241 Foxwood Park 2253 N Roeben 825YA 2
242 Island Oaks #1 - #5 2279 N. CLARK ST. I 825Y 2
243 Oak west #5 228 N Shirk St. I 825Y 2
244 Police Substation NW 230 NW 3rd 975XL 2
245 Police Substation NW 230 NW 3rd (Boy Scout Bldg.) 950XL 0.75 246 Police Substation NW 230 NW 3rd (Boy Scout Bldg.) 350ADA 6 247 Santa Fe Roadside/Trail 2300 Blk S. Santa Fe (W/S of Road) 765 1 248 St. John's River Park 2300 E St. John's Pkwy I 375XL 1 249 Mill Creek Parkway 2300 E. Blk Mill Creek Parkway 825Y 1 250 Luisi Acres 2307 N Giddings 825Y 2
251 Giddings Heights #2 2307 N Giddings St. I, Giddings & Ferguson 825Y 2 252 Downtown Malls 231 E MAIN STREET 825Y 1
253 Santa Fe Roadside/Trail 2311 S. Santa Fe 975XL2 2
254 Santa Fe Roadside/Trail 2311 S. Santa Fe St. I 975XL2 2 255 Santa Fe Roadside/Trail 2311 S. Santa Fe St. I 975XL2 1 256 Santa Fe Roadside/Trail 2311 S. Santa Fe 825Y 0.75
257 Ashley Grove #13 2315 N Mooney Blvd. I 825YA 2
258 Woodland Park #1 2325 W. Houston Ave. I 825Y 2
259 Salierno Estates 233 E Camerson Ave I 825Y 2
260 St. John's Parkway
2333 W St Johns Pky I - West end of South
side wall - 2333 E St Johns, 500' W of 825Y 1.5
261 St. John's Parkway 2340 E. St. John's Parkway in median 825Y 1.5 262 St. John's Median 2340 E. St. John's Parkway in median 400' W 375 1.5 263 St. John's River Park 2340 E. St. John's Pkwy 825Y 1 264 Foxwood #1& #2
2350 North Tommy St. (Cal Water Meter
located North side of Ferguson Ave. East & 825Y 2
265 Foxwood 2350 North Tommy St. (NW corner of Tommy 825Y 2 266 Island Oaks #3 2509 E St Johns Pky I 825Y 2
267 Beech Ave Median 2400 SOUTH WEST STREET 825Y 0.75
268 St. Charles Place 2401 E. Houston Ave. 825Y 1
269 Riverbend 2404 N. Dinuba Blvd 825Y 1
270 Ashley Grove #12 2402 W. Riggin Ave. I 825YA 2
271 Riverbend 2403 N. Dinuba Blvd - 200' N of Ferguson 825Y 1 272 Lisendra Heights 2405 SOUTH AKERS STREET I 825Y 1
1170
273 Country Meadows #1 2407 East Walnut 825Y 2
274 Modoc Ditch Bikepath 2419 N. Encina 825Y 1.25
275 Whitendale Park #1-2
2425 S. Johnson St. (Cal Water Meter located
on Beech e/w of Johnson St. 825Y 2
276 Packwood Riparian 2427 W Cameron Ave. I 825Y 1.25
277 Modoc Ditch Trail 2447 N Turner Ct I 975XL 2
278 Packwood Ponding Basin 2449 W Cameron Ave I 975XL 2 279 St. John's River Park 2451 N. Gowdy St. I 825Y 2
280 St. John's River Park 2451 N. Gowdy St. I-2 825Y 2
281 Plaza Irrigation 247 N Plaza Dr. I 975XL2 1.5
282 Summers Park 247 W. Ferguson Ave 860 2
283 Summers Park 247 W. Ferguson Ave. A 825Y 2
284 Summers Park 247 W. Ferguson Ave 825Y 2
285 Linwood Median 2512 S. Linwood A (Clock #5) 825Y 1
286 Green Pine 2519 E St Johnss Pkwy 150' E OF GODDARD 825Y 1.25 287 Shannon Ranch II Pocket Park 2523 W. Sedona Ave. I (x/s Zachary) 825YA 2 288 Sterling Oaks 2525 N. County Center 825Y 2
289 The Oaks #1-2 2530 WEST HOUSTON AVE 825Y 1
290 Roeben Ranch 2531 S. Roeben St. 825Y 2
291 Riverbend Park 2534 N. Court St. I 825Y 1.5
292 Riverbend Park 2534 N. Court St. I 825Y 0.75
293 Seven Oaks 2541 S. Pinkham, 158' S of Cherry 825Y 1.5 294 Mooney Blvd Median 2600 S.Mooney Blvd (Clock #9) 765 1 295 St. John's Parkway 2604A E. St. John's Parkway 765 1 296 Sienna 2611 North Akers St. I 825Y 2
297 Reimer 2612 S Oakhurst 375XLB 1
298 St. John's River Park
2627 N. Bradley St- 400 yds W/ of Be (Maddox
on St. Johns Levee E/S pump station 825y 1
299 Island Oaks #4 & #5 2627 N. St. John's Parkway - w/s 200' n. of 825Y 2 300 St. John's Median 2627 N. St. John's Parkway in median, n. of 825Y 1 301 St. John's Parkway 2627 St. John's Parkway LF860 1.5 302 Sterling Oaks 2630 W Riggin Ave. I 825Y 2
303 Linwood/Ferguson 2634 N. Linwood St. I 825Y 1.5
304 Sterling Oaks 2639 N County Center 825y 2
305 Houk Park 2640 Royal Oaks Dr LF825Y 1
306 Houk Park 2640 Royal Oaks Dr LF825Y 2
307 Tuscany/Vineyard 2643 N. Akers Rd. 825Y 2
308 Fairview Community Center 2645 N Conyer (front of meter, between 975XL2 1 309 Fairview Community Center 2645 N Conyer St I 975XL2 1 310 Akers Median S. of 198 2649 S. Akers St. I (300' N. of Whitendale 825Y 1 311 Valley Palms 2651 N Kayenta St 825YA 2
312 Shannon Ranch #1-4 2651 W. Pratt (20' N of meter) 825Y 2 313 Caldwell Median E&W 268 E. Caldwell - median 825Y 1 314 Santa Fe Roadside/Trail 2811 S. Santa Fe (W/S of Road) 825y 1 1171
315 Brookside #1 2700 SOUTH KENT STREET 825Y 2
316 Sienna 2701 N. Akers St. I (on Akers 100' south of 975XL2 1 317 Seven Oaks 2702 E. Cherry 825Y 1
318 Sterling Oaks 2702 N. Demaree 825YA 2
319 Sunrise Park 2705 S. Pinkham 825Y 2
320 Pheasant Ridge 2710 N. Roeben St. I 975XL 2
321 Ashley Grove #12 2715 N Mooney 825Y 2
322 Ashley Grove #12 2715 N. Mooney
323 Riverbend #2 2720 North Dinuba Blvd. I 825Y 2
324 Pheasant Ridge Unit 7 Phase 2-3 2725 N Denton St I 375XL 1 325 Country Club Estates #1 2731 W. Buena Vista Ave. - s/e corner of 825Y 2 326 Rosemont #2
2745 W Ferguson Ave. I (SE Corner County
Center & Ferguson) 825Y 2
327 Ashley Grove #10-13 2747 N Duke Ct I 825Y 2
328 Lisendra Heights 2799 SOUTH AKERS STR. 825Y 1.25
329 Ashley Grove #12 2801 N. Mooney 825Y 2
330 Laurel wood Estates 2801 SOUTH GIDDINGS STREET 375XL 1.25 331 Modoc Riparian 2803 N Divisadero St. I (between Robin and 975XL 0.75 332 St. John's Parkway 2805 E. St. John's Parkway in median, west of 825Y 1.25 333 Lisendra Heights 2807 SOUTH AKERS ST. I 825Y 1.25
334 Denton N of Oriole 2810 N Denton St I 825Y 2
335 The Oaks #5 2810 W. Sunny view Ave. I 825Y 2
336 Sterling Oaks 2818 W Riggin 825Y 2
337 Ashley Grove #12 2818 W. Lark 825Y 2
338 Island Oaks #4 & #5 2820 NORTH SAINT JOHNS PKWY I 825Y 1.5 339 Riverbend Village 2821 N Bridge St I 375XLB 1
340 Tumble Rose 2824 N Linwood St. I 375XL 2
341 Country Club Phase 3 2834 W Cecil Ave I 375XL 1
342 Valley Oaks #4 2839 E. Sweet St. 825Y 1
343 Valley Oaks #4 2839 E. Sweet St. LF825Y 1
344 Country Meadows #4 2840 EAST CHERRY AVE 825Y 2
345 Valley Oaks 2843 EAST MAGNOLIA COURT 825Y 1.25
346 Shannon Ranch 2843 WEST PRATT AVE 825Y 2
347 Crestwood Park 2850 S County Center St. I 825Y 2
348 Shannon Ranch #1-4 2856 WEST SHANNON PKY 825Y 2
349 Packwood Estates 2900 S. Court St. I 825Y 1
350 Animal Control Facility 29016 Highway 99 375A 3
351 City Parking Lots
29016 Highway 99 - 4' South of SPCA South
side fence, 25' E. of W. fence / VO SPCA 975XL2 2
352 South Entry Sign 29016 Highway 99 I 975XL2 2
353 Rancho Santa Fe Unit 3 Phase #2 2906 S Santa Fe 375XLB 1.5 354 Maddox and Caldwell #6 2911 S Sheridan I LF860 2.5
355 Golden Oaks 2915 E Pershing Ct. On Lovers Lane N of 825YA 1 356 Shannon Ranch 2920 W Jerome Ave I 825Y 0.75
1172
357 Shannon Ranch 2920 W Jerome Ave I 825Y 2
358 Shannon Ranch #1-4 2920 W. Jerome Ave. 825Y 0.75
359 Linwood Median 2926 S. Linwood I 825Y 1
360 Sterling Oaks 2930 N County Center St. I 825YA 2
361 Mooney Blvd Median 2950 S. Mooney Blvd (Clock #10) 765 1 362 Visalia Rawhide 300 N Giddings 350ADA 6
363 Visalia Rawhide 300 N Giddings (Bypass on V18375) 950XL 0.75 364 Downtown Malls 300 N. Church St 825Y 1
365 Visalia Rawhide 300 N. Giddings (feed by 2" meter) 375A 4 366 Whitendale Median
300 W Whitendale Ave I - In Median on
Whitendale at Watson st. 825Y 1
367 Caldwell West Estates #2 300 WEST CAMERON AVE 825Y 2 368 Mill Creek Garden Park 3001 E Mill Creek Pky I 825Y 2 369 Mill Creek Garden Park 3001 E Mill Creek Pky I 825Y 2 370 Mill Creek Garden Park 3003 E Millcreek Pky LF825Y 1.5 371 Mill Creek Garden Park 3003 E. Mill Creek (N/E Cr. Of park in planter) LF825Y 1.5 372 Mill Creek Garden Park 3003 E. Mill Creek (N/E Cr. Of park in planter) LF825Y 1.5 373 Shannon Ranch #1-4 3006 W. Shannon Parkway I 825Y 2 374 Millcreek Trail 302 N Burke 375XL 1
375 VECC Trail 302 N Burke St I 375XL 1
376 Convention Center 303 E Acequia 975XL2 0.75
377 Convention Center 303 E Acequia 475DA 8
378 E Parking Structure 303 E. Acequia 825YD 4
379 E Parking Structure 303 E. Acequia 825Y 2
380 City Hall West 303 S. Johnson at Mineral King front of fire 825Y 2 381 John Combs Park 3031 S. Crenshaw St. 1 825Y 1
382 Shannon Ranch 3041 N. Leila 825Y 2
383 South Point Estates #2 3045 S. Pinkham Street I 975XL 2 384 Houston Ave Roadside 3051 E Houston Ave I 825Y 1.5
385 City Parking Lots 307 N Santa Fe Ave. I 825Y 1
386 Village Park 309 Pearl Ave 825Y 1
387 Village Park 309 Pearl St. (8' N/ of curb face at Village 825Y 2 388 Senior Center 310 N. Locust St. 860 2
389 Downtown Malls 310 N. Sante Fe St. I (on north property line) 825Y 1.5 390 Ben Maddox S. of 198 3100 BLK SOUTH BEN MADDOX WAY I 825Y 1 391 Mill Creek Parkway 3100 blk. Mill Creek Parkway - 50' w. of 765 2 392 Sequoia Glenn\Maddox @ Caldwell (These districts share the same water and electrical) 3300 BLK. SOUTH BEN MADDOX WAY I 375XL 1 393 Burke Park 3100 S. Burke St. I LF825YA 0.75
394 Burke Park 3100 S. Burke St. I 825Y 2
395 Fieldstone Oaks 3100 W. Houston 825Y 2
396 Blain Park 3101 S. Court (across from Parkview St) 975XL2 2 397 Blain Park 3101 S. Court (in planter across from 375A 4 398 Park Place 3101 S. Lovers Lane I (WS Lovers 50' N of 825Y 2 399 Ashley Grove 3-6 3101 S Lovers Ln 825YA 2
1173
400 Ashley Grove 3-6
3102 W Oakridge Ave I County Center &
Oakridge (NW Corner) 825Y 2
401 Akers Median S. of 198 3107 S Akers St. I 825Y 1
402 Medians and Unimproved 3107 S Akers 825Y 1
403 Fieldstone Oaks 3108 W. Elowin (Covey's Park) 825Y 1 404 Shannon Ranch #8 3112 W Riggin 825Y 2
405 Noble & Min King Rdse. 3118 W. Whitney (in front of sta 26 - 825YR 1 406 Downtown Malls 312 N. Court St. I (NE Corner of intersection) LF825Y 1 407 Linwood Median 3129 S. Linwood St. 825Y 1
408 Downtown Malls 313 WEST MAIN STREET I 825Y 1
409 Park Summit #1 & #2 318 E. Caldwell, 200' east of Garden St., n/s 825Y 1.5 410 Shannon Ranch #1-4 3200 N. Leila St. I 825Y 2
411 Mooney Blvd Median 3200 S. Mooney Blvd (Clock #11) 765 1 412 Shannon Ranch #7-10 3201 N County Center 825Y 2
413 Ashley Grove 3
3207 W. Modoc Ave. I(Park - S side of Modoc
between Vickie & Leila) 825Y 2
414 Straford Pond 3209 W. Rialto Ave 825y 0.75
415 Mill Creek Riparian 321 N. Lovers Ln (N/S Millcreek) 825Y 1.5 416 Shannon Ranch #1-4 3212 W. Shannon Parkway I 825Y 2 417 N. Mooney Blvd Median 3213 N. Mooney Blvd. I 825YA 2 418 West wind #2 3215 SOUTH PARKWOOD CT. 825Y 1.5
419 Fieldstone Oaks 3218 W. Sweet Ave (Gabriel's park) 825Y 1 420 Caldwell Median E&W 322 W CALDWELL AVE 825Y 1.25
421 Fieldstone Oaks 3228 W. Clinton (Spencer's park) 825Y 1 422 Ponding Basins 3232 S Pinkham St. I 975XL2 1.5
423 Shannon Ranch #1-4 3236 NORTH COUNTY CENTER 825Y 2
424 McAuliff Ranch #1-2 325 S. McAuliff (On Mineral King) 975XL 2 425 Creekside #1 & #2
329 N. McAuliff Ave. (Cal water meter located
west side of McAuliff St., n/s of Oak Ave. 825Y 2
426 Ben Maddox S. of 198
3300 BLK S. Ben Maddox Way (located 200'
S/ of Sunnyside on Ben Maddox E/side of 825y 1
427 Mooney Blvd Median 3300 S. Mooney Blvd 825Y 1.5
428 Shannon Ranch #1-4 3300 W. Shannon Parkway 825Y Febco 429 Park Place 3301 S. Lovers Lane LF825Y 1.5
430 Sierra Point Villas 331 S. Wind Ct 975XL 1.25
431 Roadsides 3310 W FERGUSON AVE I 825Y 2
432 Shannon Ranch #8 3317 W Pratt 825y 2
433 Shannon Ranch #1-4 3317 W Pratt Ave I 825Y 2
434 Rancho Santa Fe
3323 S. Burke (W/S of Burke between
Chestnut & La Sallee - N of Caldwell) 825YA 2
435 South Point Estates
3326 S. Pinkham St. (Cal Water meter
located at west side of Pinkham St, north of 825Y 2
436 Shannon Ranch #1-4 3330 W. Shannon Parkway I 825Y 2 437 Kirkwood Estates #1 & #2 3334 E Birch I - 200' w. of Simon on N/S 825Y 1.5 1174
438 Orchard Walk 3351 N. Garden St. 375XLB 1.5
439 Shannon Ranch #1-4 3390 N. Leila St. I 825Y 2
440 Westwind #1 3400 S. Crenshaw 825Y 2
441 Shannon Ranch #1-4 3400 W. Shannon Parkway 825Y Febco 442 Oak crest #2 3401 S Chinowth St I, west side, next to brick 825Y 1 443 Park Place 3401 S. Villa 825Y 2
444 Packwood Riparian 3418 E. Howard Ct. (10' N/W of fence on 825Y 2 445 Shannon Ranch #1-4 3440 N. Demaree St. I 825Y 2
446 Anthony Community Center 345 N. Jacob 975XL 2
447 Shannon Ranch #7-10 3455 N County Center 825Y 2
448 Oak crest #1 3455 SOUTH CHINOWTH ST. I 825Y 2
449 Golden West Village 3500 blk., E. Houston Ave. 825Y 1 450 Mill Creek Riparian 3500 E Mill Creek Pky 825Y 1
451 Mill Creek Parkway 3500 E. Millcreek Parkway in median 825Y 1 452 Caldwell Median E&W 3501 W. Caldwell Ave. I LF825Y 1.5 453 Luisi Ranch 3506 W Perez Ave. I 825Y 1
454 Kirkwood Estates #1 & #2 3510 E Mill Creek Dr I - n/s Millcreek Park, s. 825Y 1 455 Maddox @ Caldwell #4 North side of Caldwell (both sides of Stover St. ns of Victor to Dorthea Ave. 3518 S. Stover St. 1 1.5 456 East Roosevelt Estates 3550 E. Houston Ave. - Simon Ct. s/s of 1 0.5 457 Linwood Ranch #1 3606 SOUTH LINWOOD ST. I 825Y 2
458 Riverway Sports Park 3611 N. Dinuba 950XL 0.75
459 Riverway Sports Park 3611 N. Dinuba 350ADA 4
460 Riverway Sports Park 3611 N. Dinuba 975XL 2
461 Riverway Sports Park 3611 N. Dinuba 950XL 0.75
462 Riverway Sports Park 3611 N. Dinuba 350ADA 8
463 Riverway Sports Park 3611 N. Dinuba 375A 4
464 Riverway Sports Park 3611 N. Dinuba 350ADA 4
465 Riverway Sports Park 3611 N. Dinuba 350AD 0.75
466 Riverway Sports Park 3611 N. Dinuba 350ADA 8
467 Riverway Sports Park 3611 N. Dinuba 975XL 2
468 Linwood Ranch #3 3617 South Chinowth St. I 825Y 2
469 Ashley Grove 3624 W. Ferguson Ave. I 825Y 2
470 Ashley Grove 5-6 3624 W. Modoc 825Y 2
471 Shannon Ranch #7-10 3633 N. County Center 825Y 2
472 Diamond Creek 3636 East Paradise Ave. 825Y 2
473 Appx 20' E of Meter 3640 W Vine Ave I 825YA 2
474 Silver Oaks #1 3640 W. Buena Vista 825Y 2
475 Golden West Bike Path 3641 E PERSHING AVE 825Y 1.5
476 Ashley Grove 3641 W. Ferguson Ave. I 825YA 2
477 Luisi Ranch 3643 W. Elowin Ave. I 825YA 2
478 Sousa Majestic Oaks 3701 E. Laura (SE Corner of Laura & McAuliff) 825YA 2 479 Virmargo Bike Path 3701 EAST MILL CREEK PKY 825Y 2
480 Wood Ranch #3 3704 E Cypress Ave I 375XLB 1
481 Wood Ranch #3 3720 E Campus Ct I 375XLB 1
1175
482 Monteceito 3730 EAST FEEMSTER AVE 825Y 1.5
483 River Run Ranch #1 3740 E. St. John's Parkway I 975XL 2 484 Sierra Point 3748 E. Mineral King Ave. - n/w corner of 825Y 1.5 485 Lois Rios/Casa Blanca 3801 E. Tulare Ave. - 200' east of McAuliff s/s 825Y 1.5 486 Cameron Creek Ranch #1 3801 S. Court St. I LF825Y 1.5 487 Medians and Unimproved 3801 S. Court
488 Goshen Median W. of Mooney 3801 W. Goshen Ave & Tilden Ave 825Y 0.75 489 Shannon Ranch Pocket Park 3804 N. Mendonca St. I 825Y 0.75 490 Shannon Ranch Pocket Park 3804 N. Mendonca St. I 825Y 2 491 Shannon Ranch #1-4 3805 N Demaree St. I 825y 2
492 Linwood Ranch #4 3809 S Chinowth St. I 825Y 2
493 Riverway Sports Park 3810 W. Riverway 825Y 2
494 Medians and Unimproved 3816 W Riggin (N/S 3800 blk Riggin) in 825y 1 495 Oakwood #3 3820 W HOUSTON AVE 825Y 2
496 Oakglen Estates 3830 E Douglas Ave I 975XL 1.5
497 Cameron Creek Ranch #1 3840 S VINTAGE STREET 825Y 2 498 Cameron Creek Ranch #1
3840 S. Vintage St. (Cal water meter located
north side of Cameron Ave, east side of
Vintage St. n/s of Loyola, n/s of Russel Ave. 825Y 2
499 Sousa Majestic Oaks 3843 E. Walnut Ave. I (SW Corner of Walnut & 825YA 2 500 Creekside #1 & #2 3901 E. Murray Ave. I 825Y 2
501 Silver Oaks #1 3901 W Ferguson Ave I 825Y 1.5
502 Willow Creek Ponding Basin
3903 E. Murray Ave. I (150' E of McAuliff on
S.Side of Murray LF825Y 1.5
503 Shannon Ranch #1-4 3906 N. Demaree St. I 825Y 2
504 Downtown Malls
3911 S. Demaree I (S of SE entrance by sonic,
N of Packwood) in median 825Y 1
505 Gunn Ranch 3916 W. Visalia Pky I 825Y 2
506 Linwood Ranch #2 3920 South Linwood 860 2
507 Sousa Majestic Oaks 3931 E Seeger Ave. I 825Y 1
508 Sousa Majestic Oaks 3931 E Seeger Ave. I 825YA 2
509 Shannon Ranch #1-4 3931 N County Center (250' South of Pratt) 825Y 2 510 Avalon - DO NOT CHARGE 3944 W Riggin (corner of Riggin & Kayenta) 825y 1 511 City Parking Lots 4' South of SPCA South side fence, 25' E. of 860 2 512 Ponding Basins 4000 WEST MINERAL KING AVE 825Y 1.25 513 Quail Creek 4001 S COUNTY CENTER I 825Y 1.25
514 Cameron Creek Ranch #1 4001 S. Vintage St. I (SW cnr Cameron & 825Y 2 515 Packwood/County Center 4013 S County Center Dr I 375A 4 516 Packwood/County Center 4013 S County Center Dr I 975XL2 1 517 Noble & Min King Rdse. 4027 W. Noble Ave. I (100' north of meter) 825Y 1.25 518 City Parking Lots 404 E. Center 975XL2 2
519 City Parking Lots 404 E. Center 975XL2 1
520 Silver Oaks #1 4041 W. Ferguson 825Y 2
521 City Parking Lots 409 E. Murray Ave. I 825Y 1
1176
522 Santa Fe Roadside/Trail 409 N Santa Fe 975XL2 1
523 Police Substation #2
4100 S. County Center (Approx. 150' e of w pl
on Cameron 350ADA 6
524 Police Substation #2 4100 S. County Center (Approx. 150' e on 950XL 0.75 525 Police Substation #2 4100 SOUTH COUNTY CENTER 975XL 2 526 Police Substation #2 4100 SOUTH COUNTY CENTER 975 2 527 South Cameron Creek 4101 S Encina St I 825YA 2
528 West Park #2 4101 S Kent (SW Crn of Kent & Nellis) 825Y 2 529 West Park #3 4103 S. Linwood (60' S of Nellis on Linwood 825Y 2 530 Lois Rios/Casa Blanca 4105 E. Tulare Ave. I - 30' east of Sol St. s/s 825Y 1.5 531 Lois Rois/Casa Blanca 4106 E. Tulare Ave. - n/e corner of Tulare and 825Y 1.5 532 Willow Creek 4120 EAST CENTER AVE I 825Y 2
533 Noble & Min King Rdse. 4123 W. Mineral King LF009M2QT 1 534 West Park #3 4131 S. Chinowth St. I 825Y 2
535 River Run Ranch #2 4141 E. St. John's Parkway I 975XL 2 536 South Cameron Creek 4170 S. Court (200' N of Visalia Parkway on 825Y 2 537 Lois Rios/Casa Blanca 4195 E. Tulare Ave. - s/w corner of Tulare and 825Y 1.5 538 Lois Rios/Casa Blanca
4196 E. Tulare Ave. I - n/w corner of Tulare
and Arroyo St. 825Y 1.5
539 VECC 420 N Burke 975XL2 2
540 VECC 420 N Burke 375ADA 6
541 VECC 420 N Burke 975XL2 0.75
542 VECC 420 N Burke 375XLB 2
543 Packwood Riparian 4200 S County Center Dr. I 825Y 2 544 West Park #3
4200 S Linwood St. I (between Nellis &
Elkhorn on E side of Road) 825Y 2
545 Packwood Riparian 4200 S. County Center Dr. 825y 2
546 Downtown Malls 423 W MAIN STREET 825Y 1
547 Noble & Min King Rdse. 4240 W. Mineral King Ave. I 825Y 2 548 Noble & Min King Rdse. 4240 W. Mineral King 765 1
549 Noble & Min King Rdse. 4240 W. Mineral King 975xl 1 550 River Run Ranch 4245 E. St. John's Parkway I 975XL 1.5 551 Transit Center 425 E. Oak Ave. I 825Y 1
552 Willow Creek 4291 EAST BENNETT CIR I 825Y 2
553 The Ranch 4302 W. Houston Ave. I (12' north of meter) 825Y 2 554 Corp Yard 432 N Ben Maddox 825Y 2
555 Eagle Glenn #1 4320 E. Walnut 825Y 2
556 PW Admin Complex
440 N Ben Maddox (Irrigation for 442, 444,
446 & 448 N Ben Maddox LF0074M3QT 0.75
557 PW Admin Complex
440 N Ben Maddox (Irrigation for 442, 444,
446 & 448 N Ben Maddox 774DCDA 6
558 Visalia Rawhide 440 N. Giddings 350DA 6
559 Visalia Rawhide 440 N. Giddings 350DA 6
560 Visalia Rawhide 440 N. Giddings 975XL2 1.25
1177
561 Visalia Rawhide 440 NORTH GIDDINGS ST 950XLD 0.75
562 Fire Station #54 440 W. Ferguson 825Y 2.5
563 Fire Station #54 440 W. Ferguson 825YD 2.5
564 Fire Station #54 440 W. Ferguson 825Y 1.25
565 Riverbend
440 W. Robin Ave. - s/e corner of Dinuba
Blvd. & Robin Ave. 975XL2 1.5
566 Goshen Median W. of Mooney 4405 W. Goshen Ave. I 375XL2 0.75 567 Goshen Median W. of Mooney 4405 W. Goshen Ave 825y 0.75 568 West Park #3 4418 W. Visalia Pkwy I 825Y 2
569 Linwood Ranch 1-4 / Hunter's Crossing #1-2 4545 West Redding St. 825Y 2 570 Covington Park 4629 W. Whitendale,500' w. of Linwood on 825Y 2 571 Linwood Ranch 1-4 / Hunter's Crossing #1-2
4645 West Caldwell Ave. I (Cal Water meter
located on south side of Caldwell west of 825Y 2
572 Webb Estates Pond 4721 W. Manor Ct. I (In ponding basin next to 825Y 1 573 West Park #3 4728 W Visalia Pkway 825Y 2
574 Ponding Basins 4732 WEST MINERAL KING AVE 825Y 1
575 Serenata #1
4735 West Ferguson Ave. I (Cal water meter
located on the south side of Ferguson west 825Y 2
576 Westgate Estates
4739 W. Tulare Ave. - s/s corner of Tulare
and Crenshaw 825Y 1.25
577 West wind #1 4810 W. Caldwell 825Y 2
578 Brookside #2
4834 West Ashland Ave (Cal water Meter
located on Crenshaw n/s of Ashland and n/w
corner of Linwood and Cherry Ave. 825Y 1.25
579 Goshen Median W. of Mooney 4901 W. of Goshen Ave. I (300' E/ of Atwood, 825Y 0.75 580 Summerfield 4940 W Riggin Ave. I 825Y 2
581 Houston Triangle 500 E Houston Ave. I, by roundabout 975XL2 1.5 582 Covington Park 5000 Blk. of W. Whitendale 825Y 2
583 Divisidero Median 501 SOUTH DIVISADERO STREET 975XL 0.75 584 Fire Station #53 5025 W Walnut Ave. I LF009M2QT 2
585 Fire Station #53 5025 W Walnut 975XL2 0.75
586 Fire Station #53 5025 W Walnut 375ADA 6
587 Fire Station #53 5025 W Walnut - FIRE STATION 53 975XL2 2 588 Whitendale Park #1-2 509 West Evergreen Ave 825Y 2
589 Cypress Ranch
5100 Blk. W. Tulare - 20' w/of Parkwood,
s/side of Tulare 825Y 1.25
590 Robinwood Estates 5100 W Hurley - Hurley & Atwood - 30' 765 1 591 Noble & Min King Rdse. 5101 W. Noble 825Y 1
592 Whitendale Park 516 W Beech St I 825Y 1
593 Whitendale Park
516 W Beech St I - N/W Cor. West & Beech
(East parking lot) 880V 3
594 Cypress Ranch 5200 Blk. W. Westgate - 30' s/of south 825Y 1.25 595 Willow Glen Park 5200 W. Hurley Ave. I 825YD 4
596 West Park #3 5202 W Visalia Pkway 825Y 2
1178
597 Sequoia Heights 523 N. Virmargo I - Virmargo & Goshen, s/w 825Y 1 598 Summerfield 5239 W Modoc Ave. I 825Y 2
599 Transit Center 525 N. Cain St 350DA 6
600 Transit Center 525 N. Cain St 950XL 0.75
601 Transit Center 525 N. Cain St. I (37' W of driveway on 825Y 2 602 Transit Center 525 N. Cain St 375 3
603 Willow Glen Park 526 N. Akers St. I LF825Y 0.75
604 Willow Glen Park 526 N. Akers Rd 825Y 0.75
605 Marseille 5301 WEST BUENA VISTA & AKERS 825Y 1.5
606 Akers Median S. of 198 5304 WEST TULARE AVE 825Y 2
607 Country Akers #1 5321 W PERSHING AVE 825Y 1
608 Coopman Acres 5400 W. Hurley Ave. - 10' s/of curb face 825Y 1.25 609 Hillsdale Median 5400 W. Hillsdale I (in median, west of 825Y 0.75 610 Fairview Village #5 541 WEST RIGGIN AVE I 825Y 2
611 Marseille #2 5501 West Ferguson Ave. I 825Y 2
612 Lisendra Heights 5700 blk. of Whitendale - southside, east of 825Y 1.25 613 Lisendra Heights
5700 blk. W. Whitendale - north side, east of
Cottonwood 825Y 1.25
614 Country Akers #2
5700 W Goshen Ave (On Peppertree St.

Goshen & Peppertree, s/w corner) 975XL 2
615 Hidden Acres 5704 W. Caldwell Ave. I 825Y 1.25
616 Gold Creek #1 & #2 5801 WEST WALNUT AVE I 825Y 1.5
617 Sunset Park 5810 W. Lisendra Dr I 825Y 1.5
618 Tiffany Ranch 5848 W. Hillsdale Ave. I 825Y 2
619 Sunset Park
5940 W. Lisendra Dr (inside pump cage N/W
end of Park two devices at address) 825Y 2
620 Sunset Park
5940 W. Lisendra Dr (inside pump cage N/W
end of Park two devises at address) 825Y 2
621 Sequoia Heights Bike Path 596 N Virmargo St I s/e Virmargo & Goshen 825Y 2 622 Mooney Blvd Median 600 S. Mooney Blvd (Clock #1) 825y 1 623 Noble & Min King Rdse. 601 E. Mineral King (East of Tipton St) 825Y 2 624 Pheasant Ridge 6014 W. Oriole Ave. I 825YA 2
625 Gold Creek #1 & #2 6038 W. Mary Ct. - n/e corner of Mary Ct. 825Y 1 626 Copper Creek 6040 W. Tempe Ave. - n/e corner of Tempe 825Y 2 627 Lisendra Heights
6041 W. Evergreen Ave. I - 40' s. of
Evergreen, e. side of Roeben 825Y 1.25
628 Copper Creek #3 & #4
6042 W. Dartmouth - n/e corner of
Dartmouth and Roeben Rd. 825Y 1.25
629 Copper Creek #3 & #4
6042 W. Dartmouth - n/e corner of
Dartmouth and Roeben Rd. 825Y 1.25
630 Copper Creek #1 & #2 6043 W Paradise I - 1 PARADISE & ROEBAN 825Y 2 631 South Cameron Creek
610 W. Visalia Pkwy (Approx 380' W of S.West
Street & 21' N of S curb face) 825Y 2
632 Divisidero Median 611 S. Divisadero (60' S/ of Kaweah) 765 0.75 1179
633 Goshen Ave Bikepath 6200 W. Goshen Ave. I & Mae Carden (S/S of 825Y 0.75 634 Jefferson Park 621 S Encina St. I LF825Y 2
635 Jefferson Park 621 S Encina St 825Y 2
636 Jefferson Park
621 S. Encina St. (10' W/ of curb face, N/W
Encina & Cypress) 825Y 1
637 Akers Median S. of 198 624 S. Akers St. I (80' N/ of Cypress on Akers) 925Y 2 638 Oak west #6 6240 W. Hurley Ave. I 825Y 2
639 Ruiz Park 627 E. Buena Vista Ave. I 825Y 1.25
640 Ruiz Park 627 E. Buena Vista Ave. I (Buena Vista & 975XL2 0.75 641 Sebastian Acres 630 W. Walnut 825Y 1.5
642 Pheasant Ridge 6303 W. Ferguson Ave. I 825YA 2
643 South Cameron Creek 631 W Cameron (500' E of Oakview) 825YA 2 644 Ponding Basins 6340 W Sweet Ct I 375XLB 1
645 Whitendale park 640 WEST BEECH AVE 825Y 1.5
646 Savannah Heights
6400 W. Walnut Ave. -n/w corner of Walnut
and Savannah St. 825Y 1.5
647 Park west #7
649 W. Monte Verde Ave., e. side of Johnson
St., 40' s. of Whitendale 825Y 2
648 Oak Meadow Estates #1 #3
6501 W. Walnut south side of Walnut Ave.
east of Savannah St. 825Y 2
649 Lions Park 6508 W Ferguson Ave. I 975XL 0.75
650 Lions Park 6508 W Ferguson Ave. I 975XL 2
651 Lions Park 6510 W Ferguson Ave I 975XL 2
652 Lovers Ln Median, N/198 652 N LOVERS LANE 825Y 1
653 Goshen Median W. of Mooney 6603 WEST GOSHEN AVE I 825Y 1 654 Oak west #5 6618 W Hurley Ave. I 825Y 2
655 Oak west #5 6637 W. Logan Ave. I 825Y 2
656 Pheasant Ridge Unit 7 Phase 1 6749 W Oriole Ave I 375XL 1.5 657 Fire Station #55 6921 W. Ferguson 950XL 0.75
658 Fire Station #55 6921 W. Ferguson 825Y 2
659 Fire Station #55 6921 W. Ferguson 350ADA 6
660 Fire Station #55 6921 WEST FERGUSON AVE 975XL 2
661 Oakwest #7 6950 W. Hillsdale 375 3
662 City Parking Lots 697 W CENTER AVE I 975XL2 2
663 Plaza Park 700 S Plaza St 1 SW Ballfield Plaza 825Y 2 664 Soroptimist Park 701 E. Douglas Ave (N/S Building, Sorp park) 825Y 1 665 Noble & Min King Rdse. 701 E. Mineral King (in planter) 825y 0.75 666 Downtown Malls 701 E. Race Ave. I (12' south of the meter) 825Y 1 667 Goshen Ave Bikepath
701 N. Mooney & Goshen (S/E corner of bus
impound fence AND GOSHEN) 825Y 0.75
668 Divisidero Median 707 S. Divisadero (between Myrtle & College) 765 0.75 669 Civic Center Grounds 707 W. Acequia 825Y 1.5
670 Rancho Santa Fe Unit 3 Phase #1 708 E Monte Vista Ave I 375XL 1.5 671 Fairview Village 719 W Lark Ave. I 825Y 0.75
1180
672 Fairview Village 711 W Dove Ct 825Y 0.75
673 Highland Median 719 N. Highland (W/S of median) 825Y 1 674 Robinwood Estates 720 N Akers @ Nicholas I 375XL 1
675 Miki City Park 732 W. Mineral King 375XL 1
676 Packwood Trail 726 S Belmont St I 375XLB 1
677 Caldwell Ranch #1-3
730 West Cameron Ave (Cal Water Meter
located Cameron Ave, between Court Street 825Y 2
678 Miki City Park 732 W Mineral King Ave 375XL 1
679 Goshen Ave Bikepath 7337 W GOSHEN AVE 825Y 0.75
680 Lovers Ln Median S/198
736 S. Lovers Ln I (E of RN Market N/
Driveway center Parkway MEDIAN) 825Y 1
681 Mooney Blvd Median 750 S. Mooney (Clock #2) 825y 1
682 Seven Oaks Park 800 SOUTH EDISON STREET 825Y 0.75
683 Seven Oaks Park 800 SOUTH EDISON STREET 825Y 1.5
684 Seven Oaks Park 800 SOUTH EDISON STREET 825Y 1
685 Fire City Corp Hangar 801 Hangar Way/ 9530 W Airport 375ASTDA 8 686 Fire City Corp Hangar 801 Hangar Way/ 9530 W Airport 975XL2 1.5 687 Fairview Village 801 W RIGGIN LF825YA 1.5
688 Medians and Unimproved 801 W. Riggin LF825Y 1.5
689 Medians and Unimproved 801 W. Riggin Ave. I (2) LF825Y 1.5 690 Oval Park 808 N Court St I - Oval Park- Court, north side 860 3 691 Oval Building 808 N. Court St (40' N/ of curb face) 975XL2 1.25 692 Oval Building 808 N. Court St (40' N/ of curb face) 825y 1 693 Cameron Creek Ranch #4-5 809 WEST CALDWELL AVE 825Y 2 694 Caldwell Median E&W 811 W. Caldwell Ave I 975XL 1
695 Mill Creek Riparian 816 WEST MINERAL KING AVE 825Y 2 696 City Parking Lots 819 WEST MAIN STREET 825Y 0.75
697 Doe Ponding Basin 8231 W. Doe Ave (N/W Corner Doe Ponding 825y 1 698 Goshen Median W. of Mooney 8253 Ave 304 825Y 0.75
699 Fairview Park 831 W Wren Dr I 825Y 1.5
700 Catalina 845 W Ferguson 375XL 1
701 Modoc Ditch 848 W. Ferguson Ave. I 975XL2 1
702 Roadsides 8737 W. Riggin Ave. I (S. Side of Riggin 300' E 975XL 1 703 Goshen Median W. of Mooney 8929 W.Goshen Ave. I 975XL 1 704 Plaza Park 8945 W. Airport Dr. I 825YA 2
705 Plaza Park 8945 W. Airport Dr. I 825YA 2
706 Plaza Irrigation 8995 S Plaza Dr 975XL2 1
707 Stonebrook 900 BLK W Caldwell 825Y 2
708 Packwood Riparian
900 Blk W. Caldwell Ave (150' W. of
Packwood Crk N/side) 825Y 1
709 South Cameron Creek 908 W. Visalia Pkwy (100' w of fire hydrant) 825Y 2 710 Mooney Blvd Median 910 S. Mooney Blvd (Clock #3) 825y 1 711 Walnut Breeze #1 (Kensington Manor) 911 EAST ARLEN AVE 825Y 2 712 McAuliff Ranch #1-2 920 SOUTH McAULIFF STREET 825Y 2 1181
713 Fox glen #1 933 SOUTH CAIN STREET 825Y 1.25
714 Wood Ranch Unit 1 Pocket Park 945 S Belmont 375XL 1.5 715 Packwood Riparian 947 S. Rio Vista St. (100' N/W of Meadow Ave) 825Y 1.5 716 Charter Oak #3 & #4 950 St. John's Parkway 975XL 1.5 717 Airport Facilities 9500 Airport Dr. A (Building Patio) 975XL2 1.5 718 Airport Facilities 9500 W. Airport Dr. B 825y 1
719 Airport Facilities 9501 Airport Dr. I 975XL2 1
720 Airport Facilities 9500 W Airport Dr 975XL2 1.5
721 Airport Facilities 9501 W Airport Dr 975XL2 2
722 City Corp Hangar 9530 W Airport Dr 975XL2 1.5
723 Airport Facilities 9530 W Airport Dr 975XL2 0.75
724 Airport Facilities 9501 W Airport Drive LF825Y 1.5
725 Airport Facilities 9506 W Airport Dr 975XL2 1
726 Airport Facilities 9505 W Airport Drive 975XL2 1
727 Airport Facilities 9509 W Airport Dr I 975XL2 1
728 Airport Facilities 9508 W Airport Dr I 1
729 Airport Facilities 9508 W Airport Drive 975XL2 1
730 Four Creeks Estates 951 E. Buena Vista 825Y 1.5
731 Airport Facilities 9511 W Airport Dr 375XL 1
732 Goshen Median W. of Mooney 9600 WEST GOSHEN AVE. I 375XL 0.75 733 Medians and Unimproved 9601 W Riggin Ave I 975XL 1
734 Robinwood Estates Akers at Nicholas / 720 N Akers 375XL 1 735 Plaza Park At Concession on BF 2 & 3 825Y 1
736 Noble & Min King Rdse.
1000 Mineral King Ave. I Conyer & Mineral
King (200' West of Conyer) 825Y 1
737 Parcel Map 90-24 Divisadero & James Backflow off
738 Noble & Min King Rdse. Dollner & Mineral King/ 1503 W. Mineral King 975XL2 1 739 Eagle Glenn #1 1802 S McAuliff, n/s of Hillcrest Ave. 825Y 2 740 Oval Park for drinking fountain LF825Y 1
741 Four Creek #2 1200 N. Lovers Ln. I - Lovers Lane and Cecil LF825Y 2 742 Golden Oak Estates
Lovers Lane and Houston - Roosevelt, e/s of
Lovers Lane 2915 E Pershing 825Y 1
743 Visalia Rawhide Middle of S/S planter 825y 0.75
744 Linwood Median N/W Corner of Santa Fe & Paradise 825y 0.75 745 The Oaks #5 NE Corner of Sunny view/ 2810 W Sunnyview 825Y 2 746 Shannon Ranch #1-4 North Park - 3804 N. Mendonca St. 825Y 2 747 Shannon Ranch #1-4
3448 W. Shannon Parkway I (corner of N
Demaree/W Shannon Parkway)-North Tower 825Y 2
748 Oval Park Oval Park - by office bldg./ 808 N Court 1 749 Westwood Estates s/e corner of Akers and 5200 WEST Grove 765 1.25 750 Northeast District S/E Corner on Lovers Ln/Houston in cat eye 825Y 2 751 Robinwood Estates #3 s/w corner of Douglas and Linwood 1 0.5 752 Rivers Edge #2 W. of Goddard, s/s of St. John's Parkway 825Y 0.5 753 Briarwood Pond W. Seeger & Beech Dr. 825Y 0.75
1182
754 Caldwell 1-5 (new)
755 Lowrey West Phase 1A 3004 N Crenshaw Ave 375XLB 1
756 Kayenta Crossing 4206 W Wren Ave 375XLB 1
757 Lowrey West Phase 1A 5101 W Sedona 375XLB 1
758 Quail River 2909 E Mary Ave I 375XLB 1
759 Quail River 3231 E Walnut I 375XLB 2
760 Kayenta Crossing 3710 W Wren Ave 375XLB 1
761 Recreation Park 319 N Jacob St LF825Y 1.5
762 Anthony Center 345 N Jacob St 350DA 6
763 Anthony Center 345 N Jacob St 950XLD 0.75
764 Anthony Center 345 N Jacob St 975XL 2
765 City Parking Lots 120 W Acequia Ave. 975XL2 1
766 Goshen Ocean Basin 10945 W. Goshen Ave. 375XLB 1
767 Candelas 1230 S. Manzanita St. 375XLB 2
768 Vista Del Sol 2313 E. Mesa Ave. LF825Y 2
769 Vista Del Sol 2707 S. Green St. LF825Y 2
770 St. John's River Park 3744 N. Summer Ct. 375XL 1
771 Hillsdale Southland 6041 W. Hillsdale Ave. 375XLB 1.5 772 Hillsdale Southland 6325 W. Hillsdale Ave. 375XLB 1 773 Medians and Unimproved 1217 S. Santa Fe St. 375XL 1 774 Fire Station #56 1315 S. Lovers Ln. 975XL2 2
775 Fire Station #56 1315 S. Lovers Ln. 375ADA 8
776 Fire Station #56 1315 S. Lovers Ln. 975XL2 0.75
777 Fire Station #56 1315 S Lovers Ln 375XL 1.5
778 City Parking Lots 130 N. Encina St. 975XL2 1
779 Northeast District 1300 E. St. Johns Pkwy LF825Y 1.5 780 Linwood Median 3129 S. Linwood St. I 375XL 1
781 Sterling Oaks 2650 N. Demaree St. I 825YA 2
782 Medians and Unimproved 3298 S. Mooney Blvd. I 825Y 1.5 783 Brackenwood 1606 E. Copper 825Y 1.5
784 Casablanca 1201 S. McAuliff 825Y 1
785 Santa Fe Trail Santa Fe Trail/Beech Not Listed 0.75 1183
1 COV Labor Compliance Manual
Adopted January 2015/Updated July 2025
City of Visalia
Labor Compliance Manual
Visalia Purchasing Division
Adopted January 2015
707 West Acequia
Visalia, CA 93291
Phone (559) 713-4334
[email protected]
1184
2 COV Labor Compliance Manual
Adopted January 2015/Updated July 2025
Contents
Preface............................................................................................................................... 3 Introduction........................................................................................................................ 3 Public Works Contracts................................................................................................... 4 Prevailing Wage Requirements ..................................................................................... 5 Duty of the Awarding Body (COV)................................................................................. 8 Duty of the Contractor/Subcontractor ......................................................................... 16 Appendix A – Labor Code section 96.7...................................................................... 24 Appendix B – Labor Code Section 1720-1743.......................................................... 25 Appendix C – Labor Code Section 1770-1784.......................................................... 35 Appendix D – Labor Code Section 1810-1815.......................................................... 56 Appendix E – Labor Code Section 3070-3098.......................................................... 57 Appendix F – Public Contract Code Sections 4104, 4107, 4107.5, 4108, 10164, and 20103.5 .................................................................................................................... 67 Appendix G – United States Code Title 29 Labor Section 175a ............................ 71 Appendix - H Government Code Section 6700, 12926-12926.1, 12940 ............. 72 Appendix I – Code of Civil Procedure Section 1085 ................................................ 81 Appendix J – Statement of Compliance ..................................................................... 82 1185
3 COV Labor Compliance Manual
Adopted January 2015/Updated July 2025
Preface
The City of Visalia (COV) has prepared this instructional manual for the purpose of compliance with California Labor code as enforced by the State of California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE). The COV will enforce California Labor Code in accordance with Section 1726 and promptly report any suspected violations to the California Labor Commissioner.

Historically, the COV Municipal Code provisions (Chapter 3.37) have not required the application of prevailing wage laws for locally funded projects. This option was available to the COV as a charter city. On October 13, 2013, California Senate Bill No. 7 (SB7) was approved, adding Section 1782 to the California Labor Code. Section 1782 prohibits charter cities from receiving or using state funding or financial assistance for any construction project if they have charter provisions allowing them not to apply prevailing wage requirements to any public works contract, whether locally funded or not.

Chapter 3.37 of the COV Municipal Code has been amended effective January 1, 2015, to require compliance with State Prevailing Wage Laws on all City contracts for public works advertised for bid after December 31, 2014. Additional provisions included in this amendment will repeal or suspend the prevailing wage requirements on locally funded public works projects should the result of any legal action invalidate or stay the enforcement of Labor Code Section 1782.

This manual is provided to inform COV staff and contractors of existing California Labor Code (CLC) law. Nothing in this manual is meant to limit or change the enforcement of CLC as set forth in California law.

Introduction
The COV is required by current California Labor Law to comply with the Labor Code sections discussed in this manual. This responsibility is to be taken seriously by all City employees and contractors.
o As stated in labor code section 1777, any officer, agent, or representative of the State or of any political subdivision who willfully violates any provision of this article, and any contractor, or subcontractor, or agent or representative thereof, doing public work who neglects to comply with any provision of section 1776 is guilty of a misdemeanor. As defined in 1777.1(e), a willful violation occurs when the individual knew or reasonably should have known their obligation but fails or deliberately refuses to comply.
1186
4 COV Labor Compliance Manual
Adopted January 2015/Updated July 2025
o As stated in more detail in section 1777.1, any contractor or subcontractor found to be in violation of Chapter 1, Part 7 of the labor code (sections 1720-1861) with intent to defraud will be ineligible to bid on, perform work as a subcontractor on, or be awarded a public works contract for a period of up to 3 years.
o Violations of prevailing wage requirements may be classified as a misdemeanor, a felony and/or can result in significant financial penalties in addition to the requirement to pay or correct any deficiency in wages paid or apprenticeship hours worked. (See labor code sections 1775, 1777.7, 1778, 1779, 1780 and 1814.)
The Labor Commissioner maintains a list of debarred (ineligible) contractors which will be reviewed by the COV before the award of any public works contract.

Public Works Contracts

1. Types of Contracts to Which Prevailing Wage Requirements Apply In addition to projects with prevailing wage requirements imposed upon them by a particular funding source or federal or state law, all public works contracts entered into by the COV will be required to comply with the prevailing wage law set forth in the California Labor Code (CLC).

Existing law defines “public works” to include, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds, and street, sewer, or other improvement work done under the direction and supervision or by the authority of an officer or public body of the state, or of any political subdivision or district thereof.

Per section 1771, prevailing wage requirements apply only to work performed under contract and are not applicable to work carried out by a public agency with its own work force. Contracts for maintenance work must comply with prevailing wage requirements.

For a more exhaustive definition of public works contracts, please refer to Labor Code section 1720.

2. Limited Exemption
Section 1782(d)(1) of the Labor Code excludes public works contracts for projects of $25,000 or less for construction work or projects of $15,000 or less for alteration, demolition, repair, or maintenance work from the 1187
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prevailing wage requirements. In accordance with CLC section 1725.5(d)(3), if the amount of an exempt contract is changed by an increase in scope, resulting in a public work contract amount that exceeds these exempt amounts, workers employed on the contract from the contract amendment date forward shall be paid the prevailing wage and all public work requirements under CLC shall apply to the project from that date forward.

Also excluded from the requirements of Section 1782 are COV contracts awarded or advertised for bid prior to January 1, 2015. (Labor code sections 1782(f).)
Labor Code section 1720 contains additional specific exemptions that may apply to specific types of projects.

3. Applicable Dates for Enforcement
All public works contracts entered into on or after January 1, 2015 which do not fall under the exclusions in section 2 above, fall under the prevailing wage requirements.

Prevailing Wage Requirements
The sections of California Labor Code addressed in this manual impose three general categories of requirements, contractor registration, prevailing wage/certified payroll records, and apprenticeship.

Contractor Registration
Effective for any bid submitted on or after March 1, 2015 and any contract awarded on or after April 1, 2015, all contractors must be registered according to the requirements of Labor Code Section 1725.5 to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public works contract for the COV. The full text of the requirements of Section 1725.5 and its enforcement (Section 1771.1) is included in the attached appendices.

Based upon the definition of a public works contract in Labor Code section 1782(d)(1), specific to charter cities, the requirement for contractor registration does not apply to contracts for projects of $25,000 or less for construction work or projects of $15,000 or less for alteration, demolition, repair, or maintenance work. For the purpose of this section, a project would include all the components of any individual contract, regardless of multiple phases and/or work locations. 1188
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As required by CLC section 1771.1(b), notice of the requirement for contractor registration shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration in accordance with section 1725.5.

The specific duties of the awarding body (COV) and the contractor/subcontractor in relation to contractor registration are discussed further in their respective sections of this manual.

Prevailing Wage / Certified Payroll Records
Labor code sections 1771 and 1777.5 require the payment of the general prevailing rate of per diem wages for all work on public works projects. Labor code section 1774 also requires the contractor to whom the contract is awarded and any subcontractor under him to pay at least the prevailing wage to all workmen employed on the contract.

As required by labor code section 1776, each contractor and subcontractor must 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.

A certified copy of each weekly payroll must be furnished directly to the Labor Commissioner as specified in the contract. As stated in 1771.4(a)(3)(B), the records shall be in a format prescribed by the Labor Commissioner. In accordance with CLC section 1776(a), each payroll record must contain or be verified by a written declaration, under penalty of perjury that the information contained within is true, correct and complies with the requirement of sections 1771, 1811, and 1815 for any work performed by the contractor’s employees on a public work project.

In addition, these payroll records and their supporting documentation must be made available for inspection or copies provided, at all reasonable hours at the principal office of the contractor, to the various authorized parties discussed in labor code section 1776, including, but not limited to, the employee, the COV and the Department of Labor Standards Enforcement (DLSE). Public requests for copies of certified payroll records must be made directly to the COV or the DLSE.

The contractor must inform the COV of the location of the payroll records discussed above and notify the COV within 5 working days of any change in their location. Payroll records and their supporting documentation requested in writing, in accordance with the restrictions of section 1776, must be provided 1189
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within 10 days. Failure to comply within a 10-day period will result in a penalty of $100 per day for each worker until the records are provided.

The specific duties of the awarding body (COV) and the contractor/subcontractor in relation to prevailing wage and certified payroll records are discussed further in their respective sections of this manual.

Apprentices
As required by CLC section 1777.5(d), contractors awarded public works contracts who employ workers in any apprenticeable craft or trade in the performance of the contract shall employ apprentices in at least the ratio of one hour of apprentice work for every five hours of journeyman work. In accordance with CLC section 1777.5, apprentices are to be paid the prevailing wage for apprentices in the trade to which they are registered.

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. (CLC section 1777.5(e).) Contractors should also review the potential applicable exemptions to apprenticeship requirements in Labor Code 1777.5.

Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.

The specific duties of the awarding body (COV) and the contractor/subcontractor in relation to apprenticeship requirements are discussed further in their respective sections of this manual.
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Duty of the Awarding Body (COV)
As the awarding body on public works contracts, the COV must comply with various requirements of the California Labor Code (CLC). The project manager and purchasing are responsible for the COV’s compliance with labor law throughout the various stages of a public works project as shown below.

1. Bid/Quote preparation (Purchasing/Project Manager)

2. Bid conference (Purchasing)

3. Contract award (Purchasing)

4. Contract language (Project Manager)

5. Contract administration and compliance monitoring (Purchasing/Project Manager)

1. Bid Preparation (Purchasing/Project Manager)
Contract Language (Purchasing): The COV awards contracts on a competitive basis. The following statements are required by California Labor Code (CLC) to be included in all public work requests for quotes, bids or proposals:
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required. ❑ As set forth in CLC section 1771.4 (a)(1), notice is given that this project is and public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
❑ As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections are included herein as attachments to this contract. 1191
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❑ As set forth in CLC section 1735, a contractor must not discriminate in the employment of persons on public work contracts on any basis listed in government code sections 12940, 12926, or 12926.1.
❑ As set forth in CLC section 1775(b)(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.
❑ As set forth in CLC section 1775(b)(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. ❑ As set forth in CLC section 1775(b)(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. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

Contract inclusion and/or attachments (Project Manager): The following item is required to be included either in the body of, as attachments to, or addendums of all public work requests for bids or proposals:
❑ As set forth in CLC section 1773, the COV shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. In accordance with labor code section 1773.2, this information is to be included in the bid specifications and in the contract itself. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp 1192
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2. Bid conferences (Purchasing)
❑ Each prospective bidder shall be provided a copy of the COV Labor Compliance Manual.
❑ Purchasing shall review the Duty of the Contractor/Subcontractor section of the COV Labor Compliance Manual.

3. Contract Award (Purchasing)
Prior to Award: Before the award of any public works contract, the following items will be verified:
❑ Purchasing will consult the list of ineligible contractors maintained by the Labor Commissioner, according to labor code sections 1741(c) and 1771.1(e), to verify that all contractors and subcontractors listed on the winning bid are eligible to perform work on public works contracts. The list of contractors who are currently barred from participation on public works contracts may be found at: http://www.dir.ca.gov/dlse/debar.html . ❑ Purchasing will confirm the registration of each contractor and subcontractor in compliance with CLC section 1725.5. The confirmation can be completed at: https://efiling.dir.ca.gov/PWCR/Search.action .

After Award: Upon the actual award of a public works contract by the COV, purchasing will complete the following:
❑ As required by labor code section 1773.3(a)(1), within 5 days of the award of a public works contract by the COV, purchasing must provide notice of the award to the Department of Industrial Relations. A DAS form PWC100 must be filed on the Department of Industrial Relations website (www.dir.ca.gov/pwc100ext). The registration requires the following information:
o Name of the contractor and any subcontractor listed on the successful bid,
o The bid and contract award dates,
o The contract amount,
o The estimated start and completion dates,
o Job site location.
o Any additional information requested by the Department Industrial Relations.
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4. Contract Preparation (Purchasing/Project Manager)
Language and Inclusions: The following statements and requirements are to be included in all COV public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC).
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required. ❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the COV to post job site notices, as prescribed by regulation.

Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html . ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
❑ In accordance with CLC section 1773.2, the contractor is required, by the COV, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;
o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for noncompliance as detailed in labor code section 1776. 1194
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o Inform the COV of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the COV within 5 working days of any change in their location.
❑ The COV will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury. o As set forth in CLC section 1775(b)(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.
o As set forth in CLC section 1775(b)(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.
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o As set forth in CLC section 1775(b)(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. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement 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 contract is less than thirty thousand dollars ($30,000). ❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o 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 section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
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o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the COV.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
❑ As set forth in CLC section 1773, the COV shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades.

In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp 1197
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5. Contract Administration and Compliance Monitoring (Purchasing/Project Manager)
Pre-Construction Conference: Project Manager shall meet with the contractor and subcontractor(s) prior to the commencement of work on the project to review the following:
o The COV labor Compliance manual. Project Manager will provide the contractor and subcontractors with copies of the manual as needed. o The contractor and subcontractor(s) will be given the opportunity to ask questions concerning the contract requirements.
o When a public work contract is below $25,000, and the result of a competitive quote process, the Labor Compliance Manual will be provided as an attachment to the Purchase Order (PO) when issued.

Contract Administration: The project manager will be responsible for the following:
❑ Project manager will confirm the contractor has posted, in accordance with CLC section 1773.2, a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ Prior to making final payment to any subcontractor(s) for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from each 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. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ The project manager will require the prime contractor to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before approving final payment on the contract. ❑ Any complaints received by the project manager alleging noncompliance with prevailing wage or apprenticeship requirements will be forwarded to the purchasing department in writing (email acceptable) by the end of the following business day. Complaints received will not be pursued or discussed with contractors or subcontractors on the project by COV employees.
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❑ Any complaints received by purchasing alleging noncompliance with prevailing wage or apprenticeship requirements will be forwarded to the Department of Labor Standards Enforcement (DLSE) in writing (email acceptable) within 3 business days. Complaints received will not be pursued or discussed with contractors or subcontractors on the project by COV employees.
❑ The project manager will communicate on a regular basis with the prime contractor.
❑ When visiting the job site, the project manager shall not enter any area that appears unsafe. When entering a construction area, COV personnel are expected to exercise reasonable caution and required to wear hard hats, safety shoes and safety vests at all times.
❑ All authorized COV personnel visiting any COV construction site are required to be properly identified as a COV representative by wearing a visible employee ID badge or identifying themselves as such. ❑ Public requests for certified payroll records must be made directly to the COV or the Department of Labor Standards Enforcement. Upon the receipt of such a request, the project manager will process the request in accordance with CLC section 1776. The COV may charge reasonable fees to reimburse the costs of preparation and reproduction of public requests for certified payroll records in accordance with 1776(b)(3). ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

Duty of the Contractor/Subcontractor
Contractor Registration
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required. 1199
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Based upon the definition of a public works contract in Labor Code section 1782(d)(1), specific to charter cities, the requirement for contractor registration does not apply to public works contracts for projects of $25,000 or less for construction work or projects of $15,000 or less for alteration, demolition, repair, or maintenance work.

Contractor registration requires a $300 annual fee, worker’s compensation coverage for employees and various certifications of compliance with labor law. Information on contractor registration may be found on the Department of Industrial Relations (DIR) website at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
https://www.dir.ca.gov/dlse/PublicWorks/SB854FactSheet_6.30.14.pdf Required Postings for Prevailing Wage Projects
❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the COV to post job site notices, as prescribed by regulation.

Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html . ❑ In accordance with CLC section 1773.2, the contractor is required, by the COV, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

Subcontractor Requirements
As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on a COV public works project requiring the payment of prevailing wages:
❑ As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract. ❑ As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
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❑ As set forth in CLC section 1775(b)(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.
❑ As set forth in CLC section 1775(b)(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. ❑ As set forth in CLC section 1775(b)(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. ❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
❑ Unless exempted under CLC section 1777.5, a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). Unless an exemption applies, in no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. ❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement 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 contract is less than thirty thousand dollars ($30,000). ❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 by a subcontractor if the prime contractor complied with the following requirements:
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❑ 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 section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
❑ The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
❑ Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
❑ Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

Certified Payroll Records
❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 and all prevailing wage projects, each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury. Sole owners and partners who work on COV public works contracts must also submit a certified payroll record listing days and hours worked and the trade classification descriptive of the work actually done. The Department of Industrial Relations (DIR) approved form (A-1-131) for this purpose, which includes the certification, may be found at:
http://www.dir.ca.gov/dlse/publicWorksPayrollInstructions.htm Certified payroll records (CPR’s) required by CLC 1776 may be 1202
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maintained electronically as long as the following conditions are met:
• The printouts of electronic data contain the same information as form A-1-131.
• A full copy of the CPR’s submitted for each pay period is kept in the form of a non-modifiable image (including a signed certification) or in paper form.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized* parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. *Authorized parties include the employee, COV and the DIR. The public may not be given access to the records by the contractor. A request by the public shall be made through the COV or the DIR Department of Labor Standards enforcement (DLSE).
o Inform the COV of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the COV within 5 working days of any change in their location.

The prime contractor is responsible for Labor Code violations of its subcontractor(s) in accordance with CLC section 1775 – payment of prevailing wages. As required by 1775(c) the Division of labor Standards Enforcement will notify the contractor on a public works project within 15 days of the receipt of a prevailing wage complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If a subcontractor on a public works project fails to pay a worker the general prevailing rate of per diem wages, the prime contractor of the project is not liable for any penalties under section 1775 unless the prime contractor had knowledge of that failure or unless the prime contractor fails to comply with all of the following requirements.
❑ As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project requiring payment of prevailing wages shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
❑ As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with 1203
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Adopted January 2015/Updated July 2025
labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
❑ As set forth in CLC section 1775(b)(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.
❑ As set forth in CLC section 1775(b)(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. ❑ As set forth in CLC section 1775(b)(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. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

If the COV has not retained sufficient money under the contract to satisfy a civil wage and penalty assessment issued by the Labor Commissioner against a subcontractor, the contractor shall withhold sufficient money due to the subcontractor in accordance with CLC section 1727. Money withheld will be transferred to the awarding body and shall not be disbursed until receipt of a final order by the Labor Commissioner that is no longer subject to judicial review.

If all contract payments have been made to the contractor and subcontractor, under CLC section 1743, the contractor and subcontractor are jointly liable for all amounts due under a final order or judgment to satisfy a civil wage penalty assessment. The Labor Commissioner must first exhaust all reasonable remedies to collect the amount due from the subcontractor before pursuing the claim against the contractor.

Apprenticeship Requirements
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
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❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). Unless an exemption applies, in no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement 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 contract is less than thirty thousand dollars ($30,000). As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
❑ 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 section 1771, 1775, 1776, 1777.5, 1813 and 1815.
❑ The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
❑ Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
❑ Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
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Other Requirements
❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the COV.

This affidavit must be provided to the COV prior to the release of retention to the contractor.
❑ As set forth in CLC section 1735, a contractor must not discriminate in the employment of persons on public work contracts on any basis listed in government code sections 12940, 12926, or 12926.1.
❑ As set forth in CLC 1777.6, an employer or labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in government codes sections 12940, 12926, or 12926.1 except as provided in Labor Code section 3077 and Government Code section 12940.

Project Closeout and Recordkeeping
The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding.

Some funding sources require an extended time period for records retention. 1206
24 Appendix A – CLC 96.7
Appendix A – Labor Code section 96.7

LABOR CODE
SECTION 96.7

96.7. The Labor Commissioner, after
investigation and upon determination that
wages or monetary benefits are due and
unpaid to any worker in the State of
California, may collect such wages or benefits
on behalf of the worker without assignment of
such wages or benefits to the commissioner.
(a) The Labor Commissioner shall act as
trustee of all such collected unpaid wages or
benefits, and shall deposit such collected
moneys in the Industrial Relations Unpaid
Wage Fund.
(b) The Labor Commissioner shall make a
diligent search to locate any worker for whom
the Labor Commissioner has collected unpaid
wages or benefits.
(c) All wages or benefits collected under this
section shall be remitted to the worker, his
lawful representative, or to any trust or
custodial fund established under a plan to
provide health and welfare, pension, vacation,
retirement, or similar benefits from the
Industrial Relations Unpaid Wage Fund.
(d) Any unpaid wages or benefits collected
by the Labor Commissioner pursuant to this
section shall be retained in the Industrial
Relations Unpaid Wage Fund until remitted
pursuant to subdivision (c), or until deposited
in the General Fund.
(e) The Controller shall, at the end of each
fiscal year, transfer to the General Fund the
unencumbered balance, less six months of
expenditures as determined by the Director of
Finance, in the Industrial Relations Unpaid
Wage Fund.
(f) All wages or benefits collected under this
section which cannot be remitted from the
Industrial Relations Unpaid Wage Fund
pursuant to subdivision (c) because money
has been transmitted to the General Fund
shall be paid out of the General Fund from
funds appropriated for that purpose.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html
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25 Appendix B – CLC 1720-1743
Appendix B – Labor Code Section 1720-1743

LABOR CODE
SECTION 1720-1743
1720. (a) As used in this chapter, "public
works" means:
(1) Construction, alteration, demolition,
installation, or repair work done under
contract and paid for in whole or in part out of
public funds, except work done directly by
any public utility company pursuant to order
of the Public Utilities Commission or other
public authority. For purposes of this
paragraph, "construction" includes work
performed during the design and
preconstruction phases of construction,
including, but not limited to, inspection and
land surveying work, and work performed
during the postconstruction phases of
construction, including, but not limited to, all
cleanup work at the jobsite. For purposes of
this paragraph, "installation" includes, but is
not limited to, the assembly and disassembly
of freestanding and affixed modular office
systems.
(2) Work done for irrigation, utility,
reclamation, and improvement districts, and
other districts of this type. "Public work" does
not include the operation of the irrigation or
drainage system of any irrigation or
reclamation district, except as used in Section
1778 relating to retaining wages.
(3) Street, sewer, or other improvement
work done under the direction and
supervision or by the authority of any officer
or public body of the state, or of any political
subdivision or district thereof, whether the
political subdivision or district operates
under a freeholder's charter or not.
(4) The laying of carpet done under a
building lease-maintenance contract and paid
for out of public funds.
(5) The laying of carpet in a public building
done under contract and paid for in whole or
in part out of public funds.
(6) Public transportation demonstration
projects authorized pursuant to Section 143
of the Streets and Highways Code.
(7) (A) Infrastructure project grants from
the California Advanced Services Fund
pursuant to Section 281 of the Public Utilities
Code.
(B) For purposes of this paragraph, the
Public Utilities Commission is not the
awarding body or the body awarding the
contract, as defined in Section 1722.
(b) For purposes of this section, "paid for in
whole or in part out of public funds" means all
of the following:
(1) The payment of money or the equivalent
of money by the state or political subdivision
directly to or on behalf of the public works
contractor, subcontractor, or developer.
(2) Performance of construction work by the
state or political subdivision in execution of
the project.
(3) Transfer by the state or political
subdivision of an asset of value for less than
fair market price.
(4) Fees, costs, rents, insurance or bond
premiums, loans, interest rates, or other
obligations that would normally be required
in the execution of the contract, that are paid,
reduced, charged at less than fair market
value, waived, or forgiven by the state or
political subdivision.
(5) Money loaned by the state or political
subdivision that is to be repaid on a
contingent basis.
(6) Credits that are applied by the state or
political subdivision against repayment
obligations to the state or political
subdivision.
(c) Notwithstanding subdivision (b):
(1) Private residential projects built on
private property are not subject to the
requirements of this chapter unless the
projects are built pursuant to an agreement
with a state agency, redevelopment agency, or
local public housing authority.
(2) If the state or a political subdivision
requires a private developer to perform
construction, alteration, demolition,
installation, or repair work on a public work
of improvement as a condition of regulatory
approval of an otherwise private development
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project, and the state or political subdivision
contributes no more money, or the equivalent
of money, to the overall project than is
required to perform this public improvement
work, and the state or political subdivision
maintains no proprietary interest in the
overall project, then only the public
improvement work shall thereby become
subject to this chapter.
(3) If the state or a political subdivision
reimburses a private developer for costs that
would normally be borne by the public, or
provides directly or indirectly a public
subsidy to a private development project that
is de minimis in the context of the project, an
otherwise private development project shall
not thereby become subject to the
requirements of this chapter.
(4) The construction or rehabilitation of
affordable housing units for low- or
moderate-income persons pursuant to
paragraph (5) or (7) of subdivision (e) of
Section 33334.2 of the Health and Safety Code
that are paid for solely with moneys from the
Low and Moderate Income Housing Fund
established pursuant to Section 33334.3 of
the Health and Safety Code or that are paid for
by a combination of private funds and funds
available pursuant to Section 33334.2 or
33334.3 of the Health and Safety Code do not
constitute a project that is paid for in whole or
in part out of public funds.
(5) Unless otherwise required by a public
funding program, the construction or
rehabilitation of privately owned residential
projects is not subject to the requirements of
this chapter if one or more of the following
conditions are met:
(A) The project is a self-help housing project
in which no fewer than 500 hours of
construction work associated with the homes
are to be performed by the home buyers.
(B) The project consists of rehabilitation or
expansion work associated with a facility
operated on a not-for-profit basis as
temporary or transitional housing for
homeless persons with a total project cost of
less than twenty-five thousand dollars
($25,000).
(C) Assistance is provided to a household as
either mortgage assistance, downpayment
assistance, or for the rehabilitation of a singlefamily home. (D) The project consists of new construction,
expansion, or rehabilitation work associated
with a facility developed by a nonprofit
organization to be operated on a not-forprofit basis to provide emergency or transitional shelter and ancillary services and
assistance to homeless adults and children.

The nonprofit organization operating the
project shall provide, at no profit, not less
than 50 percent of the total project cost from
nonpublic sources, excluding real property
that is transferred or leased. Total project cost
includes the value of donated labor, materials,
architectural, and engineering services.
(E) The public participation in the project
that would otherwise meet the criteria of
subdivision (b) is public funding in the form of
below-market interest rate loans for a project
in which occupancy of at least 40 percent of
the units is restricted for at least 20 years, by
deed or regulatory agreement, to individuals
or families earning no more than 80 percent
of the area median income.
(d) Notwithstanding any provision of this
section to the contrary, the following projects
shall not, solely by reason of this section, be
subject to the requirements of this chapter:
(1) Qualified residential rental projects, as
defined by Section 142(d) of the Internal
Revenue Code, financed in whole or in part
through the issuance of bonds that receive
allocation of a portion of the state ceiling
pursuant to Chapter 11.8 (commencing with
Section 8869.80) of Division 1 of Title 2 of the
Government Code on or before December 31,
2003.
(2) Single-family residential projects
financed in whole or in part through the
issuance of qualified mortgage revenue bonds
or qualified veterans' mortgage bonds, as
defined by Section 143 of the Internal
Revenue Code, or with mortgage credit
certificates under a Qualified Mortgage Credit
Certificate Program, as defined by Section 25
of the Internal Revenue Code, that receive
allocation of a portion of the state ceiling
pursuant to Chapter 11.8 (commencing with
Section 8869.80) of Division 1 of Title 2 of the
Government Code on or before December 31,
2003.
(3) Low-income housing projects that are
allocated federal or state low-income housing
tax credits pursuant to Section 42 of the
Internal Revenue Code, Chapter 3.6
(commencing with Section 50199.4) of Part 1
of Division 31 of the Health and Safety Code,
or Section 12206, 17058, or 23610.5 of the
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Revenue and Taxation Code, on or before
December 31, 2003.
(e) If a statute, other than this section, or a
regulation, other than a regulation adopted
pursuant to this section, or an ordinance or a
contract applies this chapter to a project, the
exclusions set forth in subdivision (d) do not
apply to that project.
(f) For purposes of this section, references to
the Internal Revenue Code mean the Internal
Revenue Code of 1986, as amended, and
include the corresponding predecessor
sections of the Internal Revenue Code of 1954,
as amended.
(g) The amendments made to this section by
either Chapter 938 of the Statutes of 2001 or
the act adding this subdivision shall not be
construed to preempt local ordinances
requiring the payment of prevailing wages on
housing projects.
1720.2. For the limited purposes of Article 2
(commencing with Section 1770) of this
chapter, "public works" also means any
construction work done under private
contract when all of the following conditions
exist:
(a) The construction contract is between
private persons.
(b) The property subject to the construction
contract is privately owned, but upon
completion of the construction work, more
than 50 percent of the assignable square feet
of the property is leased to
the state or a political subdivision for its use.
(c) Either of the following conditions exist:
(1) The lease agreement between the lessor
and the state or political subdivision, as
lessee, was entered into prior to the
construction contract.
(2) The construction work is performed
according to plans, specifications, or criteria
furnished by the state or political subdivision,
and the lease agreement between the lessor
and the state or political subdivision, as
lessee, is entered into during, or upon
completion of, the construction work.
1720.3. (a) For the limited purposes of Article
2 (commencing with Section 1770), "public
works" also means the hauling of refuse from
a public works site to an outside disposal
location, with respect to contracts involving
any state agency, including the California
State University and the University of
California, or any political subdivision of the
state.
(b) For purposes of this section, the "hauling
of refuse" includes, but is not limited to,
hauling soil, sand, gravel, rocks, concrete,
asphalt, excavation materials, and
construction debris. The "hauling of refuse"
shall not include the hauling of recyclable
metals such as copper, steel, and aluminum
that have been separated from other
materials at the jobsite prior to transportation
and that are to be sold at fair market value to
a bona fide purchaser.
1720.4. (a) This chapter shall not apply to any
of the following work:
(1) Any work performed by a volunteer. For
purposes of this section, "volunteer" means an
individual who performs work for civic,
charitable, or humanitarian reasons for a
public agency or corporation qualified under
Section 501(c)(3) of the Internal Revenue
Code as a tax-exempt organization, without
promise, expectation, or receipt of any
compensation for work performed.
(A) An individual shall be considered a
volunteer only when his or her services are
offered freely and without pressure and
coercion, direct or implied, from an employer.
(B) An individual may receive reasonable
meals, lodging, transportation, and incidental
expenses or nominal nonmonetary awards
without losing volunteer status if, in the entire
context of the situation, those benefits and
payments are not a substitute form of
compensation for work performed.
(C) An individual shall not be considered a
volunteer if the person is otherwise employed
for compensation at any time (i) in the
construction, alteration, demolition,
installation, repair, or maintenance work on
the same project, or (ii) by a contractor, other
than a corporation qualified under Section
501(c)(3) of the Internal Revenue Code as a
tax-exempt organization, that receives
payment to perform construction, alteration,
demolition, installation, repair, or
maintenance work on the same project.
(2) Any work performed by a volunteer
coordinator. For purposes of this section,
"volunteer coordinator" means an individual
paid by a corporation qualified under Section
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501(c)(3) of the Internal Revenue Code as a
tax-exempt organization, to oversee or
supervise volunteers. An individual may be
considered a volunteer coordinator even if the
individual performs some nonsupervisory
work on a project alongside the volunteers, so
long as the individual's primary responsibility
on the project is to oversee or supervise the
volunteers rather than to perform
nonsupervisory work.
(3) Any work performed by the California
Conservation Corps or by Community
Conservation Corps certified by the California
Conservation Corps pursuant to Section
14507.5 of the Public Resources Code.
(b) This section shall apply retroactively to
otherwise covered work concluded on or after
January 1, 2002, to the extent permitted by
law.
(c) This section shall remain in effect only
until January 1, 2017, and as of that date is
repealed, unless a later enacted statute, which
is enacted before January 1, 2017, deletes or
extends that date.
1720.6. For the limited purposes of Article 2
(commencing with Section 1770) of this
chapter, "public work" also means any
construction, alteration, demolition,
installation, or repair work done under
private contract when the following
conditions exist:
(a) The work is performed in connection
with the construction or maintenance of
renewable energy generating capacity or
energy efficiency improvements.
(b) The work is performed on the property
of the state or a political subdivision of the
state.
(c) Either of the following conditions exists:
(1) More than 50 percent of the energy
generated is purchased or will be purchased
by the state or a political subdivision of the
state.
(2) The energy efficiency improvements are
primarily intended to reduce energy costs
that would otherwise be incurred by the state
or a political subdivision of the state.
1721. "Political subdivision" includes any
county, city, district, public housing authority,
or public agency of the state, and assessment
or improvement districts.
1722. "Awarding body" or "body awarding
the contract" means department, board,
authority, officer or agent awarding a contract
for public work.
1722.1. For the purposes of this chapter,
"contractor" and "subcontractor" include a
contractor, subcontractor, licensee, officer,
agent, or representative thereof, acting in that
capacity, when working on public works
pursuant to this article and Article 2
(commencing with Section 1770).
1723. "Worker" includes laborer, worker, or
mechanic.
1724. "Locality in which public work is
performed" means the county in which the
public work is done in cases in which the
contract is awarded by the State, and means
the limits of the political subdivision on
whose behalf the contract is awarded in other
cases.
1725. "Alien" means any person who is not a
born or fully naturalized citizen of the United
States.
1725.5. A contractor shall be registered
pursuant to this section to be qualified to bid
on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public
Contract Code, or engage in the performance
of any public work contract that is subject to
the requirements of this chapter. For the
purposes of this section, "contractor" includes
a subcontractor as defined by Section 1722.1.
(a) To qualify for registration under this
section, a contractor shall do all of the
following:
(1) Beginning July 1, 2014, register with the
Department of Industrial Relations in the
manner prescribed by the department and
pay an initial nonrefundable application fee of
three hundred dollars ($300) to qualify for
registration under this section and an annual
renewal fee on or before July 1 of each year
thereafter. The annual renewal fee shall be in
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a uniform amount set by the Director of
Industrial Relations, and the initial
registration and renewal fees may be adjusted
no more than annually by the director to
support the costs specified in Section 1771.3.
(2) Provide evidence, disclosures, or
releases as are necessary to establish all of the
following:
(A) Workers' Compensation coverage that
meets the requirements of Division 4
(commencing with Section 3200) and includes
sufficient coverage for any worker whom the
contractor employs to perform work that is
subject to prevailing wage requirements other
than a contractor who is separately registered
under this section. Coverage may be
evidenced by a current and valid certificate of
workers' compensation Insurance or
certification of self-insurance required under
Section 7125 of the Business and Professions
Code.
(B) If applicable, the contractor is licensed in
accordance with Chapter 9 (commencing with
Section 7000) of the Business and Professions
Code.
(C) The contractor does not have any
delinquent liability to an employee or the
state for any assessment of back wages or
related damages, interest, fines, or penalties
pursuant to any final judgment, order, or
determination by a court or any federal, state,
or local administrative agency, including a
confirmed arbitration award. However, for
purposes of this paragraph, the contractor
shall not be disqualified for any judgment,
order, or determination that is under appeal,
provided that the contractor has secured the
payment of any amount eventually found due
through a bond or other appropriate means.
(D) The contractor is not currently debarred
under Section 1777.1 or under any other
federal or state law providing for the
debarment of contractors from public works.
(E) The contractor has not bid on a public
works contract, been listed in a bid proposal,
or engaged in the performance of a contract
for public works without being lawfully
registered in accordance with this section,
within the preceding 12 months or since the
effective date of the requirements set forth in
subdivision (e), whichever is earlier. If a
contractor is found to be in violation of the
requirements of this paragraph, the period of
disqualification shall be waived if both of the
following are true:
(i) The contractor has not previously been
found to be in violation of the requirements of
this paragraph within the preceding 12
months.
(ii) The contractor pays an additional
nonrefundable penalty registration fee of two
thousand dollars ($2,000).
(b) Fees received pursuant to this section
shall be deposited in the State Public Works
Enforcement Fund established by Section
1771.3 and shall be used only for the
purposes specified in that section.
(c) A contractor who fails to pay the renewal
fee required under paragraph (1) of
subdivision (a) on or before the expiration of
any prior period of registration shall be
prohibited from bidding on or engaging in the
performance of any contract for public work
until once again registered pursuant to this
section. If the failure to pay the renewal fee
was inadvertent, the contractor may renew its
registration retroactively by paying an
additional nonrefundable penalty renewal fee
equal to the amount of the renewal fee within
90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract
accepts the contractor's bid or awards the
contract, the work covered by the bid or
contract is determined to be a public work to
which Section 1771 applies, either as the
result of a determination by the director
pursuant to Section 1773.5 or a court
decision, the requirements of this section shall
not apply, subject to the following
requirements:
(1) The body that awarded the contract
failed, in the bid specification or in the
contract documents, to identify as a public
work that portion of the work that the
determination or decision subsequently
classifies as a public work.
(2) Within 20 days following service of
notice on the awarding body of a
determination by the Director of Industrial
Relations pursuant to Section 1773.5 or a
decision by a court that the contract was for
public work as defined in this chapter, the
contractor and any subcontractors are
registered under this section or are replaced
by a contractor or subcontractors who are
registered under this section.
(3) The requirements of this section shall
apply prospectively only to any subsequent
bid, bid proposal, contract, or work performed
after the awarding body is served with notice
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of the determination or decision referred to in
paragraph (2) of this subdivision.
(e) The requirements of this section shall
apply to any bid proposal submitted on or
after March 1, 2015, and any contract for
public work, as defined in this chapter,
entered into on or after April 1, 2015.
1726. (a) The body awarding the contract for
public work shall take cognizance of
violations of this chapter committed in the
course of the execution of the contract, and
shall promptly report any suspected
violations to the Labor Commissioner.
(b) If the awarding body determines as a
result of its own investigation that there has
been a violation of this chapter and withholds
contract payments, the procedures in Section
1771.6 shall be followed.
(c) A contractor may bring an action in a
court of competent jurisdiction to recover
from an awarding body the difference
between the wages - paid to an employee and
the wages that were required to be paid to an
employee under this chapter, any penalties
required to be paid under this chapter, and
costs and attorney's fees related to this action,
if either of the following is true:
(1) The awarding body previously
affirmatively represented to the contractor in
writing, in the call for bids, or otherwise, that
the work to be covered by the bid or contract
was not a "public work," as defined in this
chapter.
(2) The awarding body received actual
written notice from the Department of
Industrial Relations that the work to be
covered by the bid or contract is a "public
work," as defined in this chapter, and failed to
disclose that information to the contractor
before the bid opening or awarding of the
contract.
1727. (a) Before making payments to the
contractor of money due under a contract for
public work, the awarding body shall
withhold and retain therefrom all amounts
required to satisfy any civil wage and penalty
assessment issued by the Labor
Commissioner under this chapter. The
amounts required to satisfy a civil wage and
penalty assessment shall not be disbursed by
the awarding body until receipt of a final
order that is no longer subject to judicial
review.
(b) If the awarding body has not retained
sufficient money under the contract to satisfy
a civil wage and penalty assessment based on
a subcontractor's violations, the contractor
shall, upon the request of the Labor
Commissioner, withhold sufficient money due
the subcontractor under the contract to
satisfy the assessment and transfer the money
to the awarding body. These amounts shall
not be disbursed by the awarding body until
receipt of a final order that is no longer
subject to judicial review.
1728. In cases of contracts with assessment
or improvement districts where full payment
is made in the form of a single warrant, or
other evidence of full payment, after
completion and acceptance of the work, the
awarding body shall accept from the
contractor in cash a sum equal to, and in lieu
of, any amount required to be withheld,
retained, or forfeited under the provisions of
this section, and said awarding body shall
then release the final warrant or payment in
full.
1729. It shall be lawful for any contractor to
withhold from any subcontractor under him
sufficient sums to cover any penalties
withheld from him by the awarding body on
account of the subcontractor's failure to
comply with the terms of this chapter, and if
payment has already been made to the
subcontractor the contractor may recover
from him the amount of the penalty or
forfeiture in a suit at law.
1730. The Director of Industrial Relations
shall post a list of every California code
section and the language of those sections
that relate to the prevailing rate of per diem
wage requirements for workers employed on
a public work project on the Internet Web site
of the Department of Industrial Relations on
or before June 1, 2013, and shall update that
list each February 1 thereafter.
1734. Any court collecting any fines or
penalties under the criminal provisions of this
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chapter or any of the labor laws pertaining to
public works shall as soon as practicable after
the receipt thereof deposit same with the
county treasurer of the county in which such
court is situated. Amounts so deposited shall
be paid at least once a month by warrant of
the county auditor drawn upon requisition of
the judge or clerk of said court, to the State
Treasurer for deposit in the General Fund.
1735. A contractor shall not discriminate in
the employment of persons upon public
works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the
Government Code. Every contractor for public
works who violates this section is subject to
all the penalties imposed for a violation of this
chapter.
1736. During any investigation conducted
under this part, the Division of Labor
Standards Enforcement shall keep
confidential the name of any employee who
reports a violation of this chapter and any
other information that may identify the
employee.
1740. Notwithstanding any other provision of
this chapter or any other law of this State,
except limitations imposed by the
Constitution, the legislative body of a political
subdivision which has received or is to
receive a loan or grant of funds from the
Federal Government or a federal department
or agency for public works of that political
subdivision, may provide in its call for bids in
connection with such public works that all bid
specifications and contracts and other
procedures in connection with bids or
contracts shall be subject to modification to
comply with revisions in federal minimum
wage schedules without the necessity of
republication or duplication of other formal
statutory requirements.
1741. (a) If the Labor Commissioner or his or
her designee determines after an
investigation that there has been a violation of
this chapter, the Labor Commissioner shall
with reasonable promptness issue a civil wage
and penalty assessment to the contractor or
subcontractor, or both. The assessment shall
be in writing, shall describe the nature of the
violation and the amount of wages, penalties,
and forfeitures due, and shall include the basis
for the assessment. The assessment shall be
served not later than 18 months after the
filing of a valid notice of completion in the
office of the county recorder in each county in
which the public work or some part thereof
was performed, or not later than 18 months
after acceptance of the public work,
whichever occurs last. Service of the
assessment shall be completed pursuant to
Section 1013 of the Code of Civil Procedure by
first-class and certified mail to the contractor,
subcontractor, and awarding body. The
assessment shall advise the contractor and
subcontractor of the procedure for obtaining
review of the assessment. The Labor
Commissioner shall, to the extent practicable,
ascertain the identity of any bonding company
issuing a bond that secures the payment of
wages covered by the assessment and any
surety on a bond, and shall serve a copy of the
assessment by certified mail to the bonding
company or surety at the same time service is
made to the contractor, subcontractor, and
awarding body. However, no bonding
company or surety shall be relieved of its
responsibilities because it failed to receive
notice from the Labor Commissioner.
(b) Interest shall accrue on all due and
unpaid wages at the rate described in
subdivision (b) of Section 3289 of the Civil
Code. The interest shall accrue from the date
that the wages were due and payable, as
provided in Part 7 (commencing with Section
1720) of Division 2, until the wages are paid.
(c) (1) The Labor Commissioner shall
maintain a public list of the names of each
contractor and subcontractor who has been
found to have committed a willful violation of
Section 1775 or to whom a final order, which
is no longer subject to judicial review, has
been issued.
(2) The list shall include the date of each
assessment, the amount of wages and
penalties assessed, and the amount collected.
(3) The list shall be updated at least
quarterly, and the contractor's or
subcontractor's name shall remain on that list
until the assessment is satisfied, or for a
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period of three years beginning from the date
of the issuance of the assessment, whichever
is later.
1741.1. (a) The period for service of
assessments shall be tolled for the period of
time required by the Director of Industrial
Relations to determine whether a project is a
public work, including a determination on
administrative appeal, if applicable, pursuant
to subdivisions (b) and (c) of Section 1773.5.

The period for service of assessments shall
also be tolled for the period of time that a
contractor or subcontractor fails to provide in
a timely manner certified payroll records
pursuant to a request from the Labor
Commissioner or a joint labor-management
committee under Section 1776, or an
approved labor compliance program under
Section 1771.5 or 1771.7.
(b) (1) The body awarding the contract for
public work shall furnish, within 10 days after
receipt of a written request from the Labor
Commissioner, a copy of the valid notice of
completion for the public work filed in the
office of the county recorder, or a document
evidencing the awarding body's acceptance of
the public work on a particular date,
whichever occurs later, by first-class mail
addressed to the office of the Labor
Commissioner that is listed on the written
request. If, at the time of receipt of the Labor
Commissioner's written request, a valid notice
of completion has not been filed by the
awarding body in the office of the county
recorder and there is no document evidencing
the awarding body's acceptance of the public
work on a particular date, the awarding body
shall so notify the office of the Labor
Commissioner that is listed on the written
request. Thereafter, the awarding body shall
furnish copies of the applicable document
within 10 days after filing a valid notice of
completion with the county recorder's office,
or within 10 days of the awarding body's
acceptance of the public work on a particular
date.
(2) If the awarding body fails to timely
furnish the Labor Commissioner with the
documents identified in paragraph (1), the
period for service of assessments under
Section 1741 shall be tolled until the Labor
Commissioner's actual receipt of the valid
notice of completion for the public work or a
document evidencing the awarding body's
acceptance of the public work on a particular
date.
(c) The tolling provisions in this section shall
also apply to the period of time for
commencing an action brought by a joint
labor-management committee pursuant to
Section 1771.2.
1742. (a) An affected contractor or
subcontractor may obtain review of a civil
wage and penalty assessment under this
chapter by transmitting a written request to
the office of the Labor Commissioner that
appears on the assessment within 60 days
after service of the assessment. If no hearing
is requested within 60 days after service of
the assessment, the assessment shall become
final.
(b) Upon receipt of a timely request, a
hearing shall be commenced within 90 days
before the director, who shall appoint an
impartial hearing officer possessing the
qualifications of an administrative law judge
pursuant to subdivision (b) of Section 11502
of the Government Code. The appointed
hearing officer shall be an employee of the
department, but shall not be an employee of
the Division of Labor Standards Enforcement.

The contractor or subcontractor shall be
provided an opportunity to review evidence
to be utilized by the Labor Commissioner at
the hearing within 20 days of the receipt of
the written request for a hearing. Any
evidence obtained by the Labor Commissioner
subsequent to the 20-day cutoff shall be
promptly disclosed to the contractor or
subcontractor. The contractor or
subcontractor shall have the burden of
proving that the basis for the civil wage and
penalty assessment is incorrect. The
assessment shall be sufficiently detailed to
provide fair notice to the contractor or
subcontractor of the issues at the hearing.

Within 45 days of the conclusion of the
hearing, the director shall issue a written
decision affirming, modifying, or dismissing
the assessment. The decision of the director
shall consist of a notice of findings, findings,
and an order. This decision shall be served on
all parties and the awarding body pursuant to
Section 1013 of the Code of Civil Procedure by
first-class mail at the last known address of
the party on file with the Labor
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Commissioner. Within 15 days of the issuance
of the decision, the director may reconsider or
modify the decision to correct an error, except
that a clerical error may be corrected at any
time. The director shall adopt regulations
setting forth procedures for hearings under
this subdivision.
(c) An affected contractor or subcontractor
may obtain review of the decision of the
director by filing a petition for a writ of
mandate to the appropriate superior court
pursuant to Section 1094.5 of the Code of Civil
Procedure within 45 days after service of the
decision. If no petition for writ of mandate is
filed within 45 days after service of the
decision, the order shall become final. If it is
claimed in a petition for writ of mandate that
the findings are not supported by the
evidence, abuse of discretion is established if
the court determines that the findings are not
supported by substantial evidence in the light
of the whole record.
(d) A certified copy of a final order may be
filed by the Labor Commissioner in the office
of the clerk of the superior court in any county
in which the affected contractor or
subcontractor has property or has or had a
place of business. The clerk, immediately
upon the filing, shall enter judgment for the
state against the person assessed in the
amount shown on the certified order.
(e) A judgment entered pursuant to this
section shall bear the same rate of interest
and shall have the same effect as other
judgments and shall be given the same
preference allowed by law on other
judgments rendered for claims for taxes. The
clerk shall not charge for the service
performed by him or her pursuant to this
section.
(f) An awarding body that has withheld
funds in response to a civil wage and penalty
assessment under this chapter shall, upon
receipt of a certified copy of a final order that
is no longer subject to judicial review,
promptly transmit the withheld funds, up to
the amount of the certified order, to the Labor
Commissioner.
(g) This section shall provide the exclusive
method for review of a civil wage and penalty
assessment by the Labor Commissioner under
this chapter or the decision of an awarding
body to withhold contract payments pursuant
to Section 1771.5.
1742.1. (a) After 60 days following the
service of a civil wage and penalty assessment
under Section 1741 or a notice of withholding
under subdivision (a) of Section 1771.6, the
affected contractor, subcontractor, and surety
on a bond or bonds issued to secure the
payment of wages covered by the assessment
or notice shall be liable for liquidated
damages in an amount equal to the wages, or
portion thereof, that still remain unpaid. If the
assessment or notice subsequently is
overturned or modified after administrative
or judicial review, liquidated damages shall be
payable only on the wages found to be due
and unpaid. Additionally, if the contractor or
subcontractor demonstrates to the
satisfaction of the director that he or she had
substantial grounds for appealing the
assessment or notice with respect to a portion
of the unpaid wages covered by the
assessment or notice, the director may
exercise his or her discretion to waive
payment of the liquidated damages with
respect to that portion of the unpaid wages.

Any liquidated damages shall be distributed
to the employee along with the unpaid wages.

Section 203.5 shall not apply to claims for
prevailing wages under this chapter.
(b) Notwithstanding subdivision (a), there
shall be no liability for liquidated damages if
the full amount of the assessment or notice,
including penalties, has been deposited with
the Department of Industrial Relations, within
60 days following service of the assessment or
notice, for the department to hold in escrow
pending administrative and judicial review.

The department shall release such funds, plus
any interest earned, at the conclusion of all
administrative and judicial review to the
persons and entities who are found to be
entitled to such funds.
(c) The Labor Commissioner shall, upon
receipt of a request from the affected
contractor or subcontractor within 30 days
following the service of a civil wage and
penalty assessment under Section 1741,
afford the contractor or subcontractor the
opportunity to meet with the Labor
Commissioner or his or her designee to
attempt to settle a dispute regarding the
assessment without the need for formal
proceedings. The awarding body shall, upon
receipt of a request from the affected
contractor or subcontractor within 30 days
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following the service of a notice of
withholding under subdivision (a) of Section
1771.6, afford the contractor or subcontractor
the opportunity to meet with the designee of
the awarding body to attempt to settle a
dispute regarding the notice without the need
for formal proceedings. The settlement
meeting may be held in person or by
telephone and shall take place before the
expiration of the 60-day period for seeking
administrative review. No evidence of
anything said or any admission made for the
purpose of, in the course of, or pursuant to,
the settlement meeting is admissible or
subject to discovery in any administrative or
civil proceeding. No writing prepared for the
purpose of, in the course of, or pursuant to,
the settlement meeting, other than a final
settlement agreement, is admissible or subject
to discovery in any administrative or civil
proceeding. The assessment or notice shall
advise the contractor or subcontractor of the
opportunity to request a settlement meeting.
(d) This section shall become operative on
January 1, 2007.
1743. (a) The contractor and subcontractor
shall be jointly and severally liable for all
amounts due pursuant to a final order under
this chapter or a judgment thereon. The Labor
Commissioner shall first exhaust all
reasonable remedies to collect the amount
due from the subcontractor before pursuing
the claim against the contractor.
(b) From the amount collected, the wage
claim shall be satisfied prior to the amount
being applied to penalties. If insufficient
money is recovered to pay each worker in full,
the money shall be prorated among all
workers.
(c) Wages for workers who cannot be
located shall be placed in the Industrial
Relations Unpaid Wage Fund and held in trust
for the workers pursuant to Section 96.7.

Penalties shall be paid into the General Fund.
(d) A final order under this chapter or a
judgment thereon shall be binding, with
respect to the amount found to be due, on a
bonding company issuing a bond that secures
the payment of wages and a surety on a bond.

The limitations period of any action on a
payment bond shall be tolled pending a final
order that is no longer subject to judicial
review.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html
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35 Appendix C – CLC 1770-1784
Appendix C – Labor Code Section 1770-1784

LABOR CODE
SECTION 1770-1784
1770. The Director of the Department of
Industrial Relations shall determine the
general prevailing rate of per diem wages in
accordance with the standards set forth in
Section 1773, and the director's
determination in the matter shall be final
except as provided in Section 1773.4. Nothing
in this article, however, shall prohibit the
payment of more than the general prevailing
rate of wages to any workman employed on
public work. Nothing in this act shall permit
any overtime work in violation of Article 3 of
this chapter.
1771. Except for public works projects of one
thousand dollars ($1,000) or less, not less
than the general prevailing rate of per diem
wages for work of a similar character in the
locality in which the public work is
performed, and not less than the general
prevailing rate of per diem wages for holiday
and overtime work fixed as provided in this
chapter, shall be paid to all workers employed
on public works. This section is applicable
only to work performed under contract, and is
not applicable to work carried out by a public
agency with its own forces. This section is
applicable to contracts let for maintenance
work.
1771.1. (a) A contractor or subcontractor
shall not be qualified to bid on, be listed in a
bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or
engage in the performance of any contract for
public work, as defined in this chapter, unless
currently registered and qualified to perform
public work pursuant to Section 1725.5. It is
not a violation of this section for an
unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business
and Professions Code or by Section 10164 or
20103.5 of the Public Contract Code, provided
the contractor is registered to perform public
work pursuant to Section 1725.5 at the time
the contract is awarded.
(b) Notice of the requirement described in
subdivision (a) shall be included in all bid
invitations and public works contracts, and a
bid shall not be accepted nor any contract or
subcontract entered into without proof of the
contractor or subcontractor's current
registration to perform public work pursuant
to Section 1725.5.
(c) An inadvertent error in listing a
subcontractor who is not registered pursuant
to Section 1725.5 in a bid proposal shall not
be grounds for filing a bid protest or grounds
for considering the bid nonresponsive,
provided that any of the following apply:
(1) The subcontractor is registered prior to
the bid opening.
(2) Within 24 hours after the bid opening,
the subcontractor is registered and has paid
the penalty registration fee specified in
subparagraph (E) of paragraph (2) of
subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another
registered subcontractor pursuant to Section
4107 of the Public Contract Code.
(d) Failure by a subcontractor to be
registered to perform public work as required
by subdivision (a) shall be grounds under
Section 4107 of the Public Contract Code for
the contractor, with the consent of the
awarding authority, to substitute a
subcontractor who is registered to perform
public work pursuant to Section 1725.5 in
place of the unregistered subcontractor.
(e) The department shall maintain on its
Internet Web site a list of contractors who are
currently registered to perform public work
pursuant to Section 1725.5.
(f) A contract entered into with any
contractor or subcontractor in violation of
subdivision (a) shall be subject to
cancellation, provided that a contract for
public work shall not be unlawful, void, or
voidable solely due to the failure of the
awarding body, contractor, or any
subcontractor to comply with the
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requirements of Section 1725.5 or this
section.
(g) This section shall apply to any bid
proposal submitted on or after March 1, 2015,
and any contract for public work entered into
on or after April 1, 2015.
1771.2. (a) A joint labor-management
committee established pursuant to the federal
Labor Management Cooperation Act of 1978
(29 U.S.C. Sec. 175a) may bring an action in
any court of competent jurisdiction against an
employer that fails to pay the prevailing wage
to its employees, as required by this article.

This action shall be commenced not later than
18 months after the filing of a valid notice of
completion in the office of the county
recorder in each county in which the public
work or some part thereof was performed, or
not later than 18 months after acceptance of
the public work, whichever occurs last.
(b) (1) In an action brought pursuant to this
section, the court shall award restitution to an
employee for unpaid wages, plus interest,
under Section 3289 of the Civil Code from the
date that the wages became due and payable,
and liquidated damages equal to the amount
of unpaid wages owed, and may impose civil
penalties, only against an employer that failed
to pay the prevailing wage to its employees, in
accordance with Section 1775, injunctive
relief, or any other appropriate form of
equitable relief. The court shall follow the
same standards and have the same discretion
in setting the amount of penalties as are
provided by subdivision (a) of Section 1775.

The court shall award a prevailing joint labormanagement committee its reasonable attorney's fees and costs incurred in
maintaining the action, including expert
witness fees.
(2) An action pursuant to this section shall
not be based on the employer's
misclassification of the craft of a worker in its
certified payroll records.
(3) Liquidated damages shall be awarded
only if the complaint alleges with specificity
the wages due and unpaid to the individual
workers, including how that amount was
calculated, and the defendant fails to pay the
wages, deposit that amount with the court to
be held in escrow, or provide proof to the
court of an adequate surety bond to cover the
wages, within 60 days of service of the
complaint. Liquidated damages shall be
awarded only on the wages found to be due
and unpaid. Additionally, if the defendant
demonstrates to the satisfaction of the court
that the defendant had substantial grounds
for contesting that a portion of the allegedly
unpaid wages were owed, the court may
exercise its discretion to waive the payment of
the liquidated damages with respect to that
portion of the unpaid wages.
(4) This subdivision does not limit any other
available remedies for a violation of this
chapter.
1771.3. (a) The State Public Works
Enforcement Fund is hereby created as a
special fund in the State Treasury to be
available upon appropriation of the
Legislature. All registration fees collected
pursuant to Section 1725.5 and any other
moneys as are designated by statute or order
shall be deposited in the fund for the purposes
specified in subdivision (b).
(b) Moneys in the State Public Works
Enforcement Fund shall be used only for the
following purposes:
(1) The reasonable costs of administering
the registration of contractors and
subcontractors to perform public work
pursuant to Section 1725.5.
(2) The costs and obligations associated
with the administration and enforcement of
the requirements of this chapter by the
Department of Industrial Relations.
(3) The monitoring and enforcement of any
requirement of this code by the Labor
Commissioner on a public works project or in
connection with the performance of public
work as defined pursuant to this chapter.
(c) The annual contractor registration
renewal fee specified in subdivision (a) of
Section 1725.5, and any adjusted application
or renewal fee, shall be set in amounts that
are sufficient to support the annual
appropriation approved by the Legislature for
the State Public Works Enforcement Fund and
not result in a fund balance greater than 25
percent of the appropriation. Any yearend
balance in the fund greater than 25 percent of
the appropriation shall be applied as a credit
when determining any fee adjustments for the
subsequent fiscal year. (d) To provide
adequate cashflow for the purposes specified
in subdivision (b), the Director of Finance,
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37 Appendix C – CLC 1770-1784
with the concurrence of the Secretary of the
Labor and Workforce Development Agency,
may approve a short-term loan each fiscal
year from the Labor and Workforce
Development Fund to the State Public Works
Enforcement Fund.
(1) The maximum amount of the annual
loan allowable may be up to, but shall not
exceed 50 percent of the appropriation
authority of the State Public Works
Enforcement Fund in the same year in which
the loan was made.
(2) For the purposes of this section, a "shortterm loan" is a transfer that is made subject to both of the following conditions:
(A) Any amount loaned is to be repaid in full
during the same fiscal year in which the loan
was made, except that repayment may be
delayed until a date not more than 30 days
after the date of enactment of the annual
Budget Act for the subsequent fiscal year.
(B) Loans shall be repaid whenever the
funds are needed to meet cash expenditure
needs in the loaning fund or account.
1771.4. (a) All of the following are applicable
to all public works projects that are otherwise
subject to the requirements of this chapter:
(1) The call for bids and contract documents
shall specify that the project is subject to
compliance monitoring and enforcement by
the Department of Industrial Relations.
(2) The awarding body shall post or require
the prime contractor to post job site notices,
as prescribed by regulation.
(3) Each contractor and subcontractor shall
furnish the records specified in Section 1776
directly to the Labor Commissioner, in the
following manner:
(A) At least monthly or more frequently if
specified in the contract with the awarding
body.
(B) In a format prescribed by the Labor
Commissioner.
(4) The department shall undertake those
activities it deems necessary to monitor and
enforce compliance with prevailing wage
requirements.
(b) The Labor Commissioner may exempt a
public works project from compliance with all
or part of the requirements of subdivision (a)
of this section if either of the following occurs:
(1) The awarding body has enforced an
approved labor compliance program, as
defined in Section 1771.5, on all public works
projects under its authority, except those
deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December
31, 2011.
(2) The awarding body has entered into a
collective bargaining agreement that binds all
contractors performing work on the project
and that includes a mechanism for resolving
disputes about the payment of wages.
(c) (1) The requirements of paragraph (1) of
subdivision (a) shall only apply to contracts
for public works projects awarded on or
after January 1, 2015.
(2) The requirements of paragraph (3) of
subdivision (a) shall only apply to the
following projects:
(A) Projects that were subject to a
requirement to furnish records to the
Compliance Monitoring Unit pursuant to
Section 16461 of Title 8 of the California Code
of Regulations, prior to the effective date
of this section.
(B) Projects for which the initial contract is
awarded on or after April 1, 2015.
(C) Any other ongoing project in which the
Labor Commissioner directs the contractors
or subcontractors on the project to furnish
records in accordance with paragraph (3) of
subdivision (a).
(D) All projects, whether new or ongoing, on
or after January 1, 2016.
1771.5. (a) Notwithstanding Section 1771, an
awarding body may choose not to require the
payment of the general prevailing rate of per
diem wages or the general prevailing rate of
per diem wages for holiday and overtime
work for any public works project of twentyfive thousand dollars ($25,000) or less when the project is for construction work, or for any
public works project of fifteen thousand
dollars ($15,000) or less when the project is
for alteration, demolition, repair, or
maintenance work, if the awarding body has
elected to initiate and has been approved by
the Director of Industrial Relations to enforce
a labor compliance program pursuant to
subdivision (b) for every public works project
under the authority of the awarding body.
(b) For purposes of this section, a labor
compliance program shall include, but not be
limited to, the following requirements:
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(1) All bid invitations and public works
contracts shall contain appropriate language
concerning the requirements of this chapter.
(2) A prejob conference shall be conducted
with the contractor and subcontractors to
discuss federal and state labor law
requirements applicable to the contract.
(3) Project contractors and subcontractors
shall maintain and furnish, at a designated
time, a certified copy of each weekly payroll
containing a statement of compliance signed
under penalty of perjury.
(4) The awarding body shall review, and, if
appropriate, audit payroll records to verify
compliance with this chapter.
(5) The awarding body shall withhold
contract payments when
payroll records are delinquent or inadequate.
(6) The awarding body shall withhold
contract payments equal to the amount of
underpayment and applicable penalties when,
after investigation, it is established that
underpayment has occurred.
(7) The awarding body shall comply with
any other prevailing wage monitoring and
enforcement activities that are required to be
conducted by labor compliance programs by
the Department of Industrial Relations.
(c) For purposes of this chapter, "labor
compliance program" means a labor
compliance program that is approved, as
specified in state regulations, by the Director
of Industrial Relations.
(d) For purposes of this chapter, the
Director of Industrial Relations may revoke
the approval of a labor compliance program in
the manner specified in state regulations.
1771.6. (a) Any awarding body that enforces
this chapter in accordance with Section 1726
or 1771.5 shall provide notice of the
withholding of contract payments to the
contractor and subcontractor, if applicable.

The notice shall be in writing and shall
describe the nature of the violation and the
amount of wages, penalties, and forfeitures
withheld. Service of the notice shall be
completed pursuant to Section 1013 of the
Code of Civil Procedure by first-class and
certified mail to the contractor and
subcontractor, if applicable. The notice shall
advise the contractor and subcontractor, if
applicable, of the procedure for obtaining
review of the withholding of contract
payments. The awarding body shall also
serve a copy of the notice by certified mail to
any bonding company issuing a bond that
secures the payment of wages covered by the
notice and to any surety on a bond, if their
identities are known to the awarding body.
(b) The withholding of contract payments in
accordance with Section 1726 or 1771.5 shall
be reviewable under Section 1742 in the same
manner as if the notice of the withholding was
a civil penalty order of the Labor
Commissioner under this chapter. If review is
requested, the Labor Commissioner may
intervene to represent the awarding body.
(c) Pending a final order, or the expiration of
the time period for seeking review of the
notice of the withholding, the awarding body
shall not disburse any contract payments
withheld.
(d) From the amount recovered, the wage
claim shall be satisfied prior to the amount
being applied to penalties. If insufficient
money is recovered to pay each worker in full,
the money shall be prorated among all
workers.
(e) Wages for workers who cannot be
located shall be placed in the Industrial
Relations Unpaid Wage Fund and held in trust
for the workers pursuant to Section 96.7.

Penalties shall be paid into the General Fund
of the awarding body that has enforced this
chapter pursuant to Section 1771.5.
1771.7. (a) (1) For contracts specified in
subdivision (f), an awarding body that
chooses to use funds derived from either the
Kindergarten-University Public Education
Facilities Bond Act of 2002 or the
Kindergarten-University Public Education
Facilities Bond Act of 2004 for a public works
project, shall initiate and enforce, or contract
with a third party to initiate and enforce, a
labor compliance program, as described in
subdivision (b) of Section 1771.5, with
respect to that public works project.
(2) If an awarding body described in
paragraph (1) chooses to contract with a third
party to initiate and enforce a labor
compliance program for a project described in
paragraph (1), that third party shall not
review the payroll records of its own
employees or the employees of its
subcontractors, and the awarding body or an
independent third party shall review these
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payroll records for purposes of the labor
compliance program.
(b) This section applies to public works that
commence on or after April 1, 2003. For
purposes of this subdivision, work performed
during the design and preconstruction phases
of construction, including, but not limited to,
inspection and land surveying work, does not
constitute the commencement of a public
work.
(c) (1) For purposes of this section, if any
campus of the California State University
chooses to use the funds described in
subdivision (a), then the "awarding body" is
the Chancellor of the California State
University. For purposes of this subdivision, if
the chancellor is required by subdivision (a)
to initiate and enforce, or to contract with a
third party to initiate and enforce, a labor
compliance program, then in addition to the
requirements described in subdivision (b) of
Section 1771.5, the Chancellor of the
California State University shall review the
payroll records on at least a monthly basis to
ensure the awarding body's compliance with
the labor compliance program.
(2) For purposes of this subdivision, if an
awarding body described in subdivision (a) is
the University of California or any campus of
that university, and that awarding body is
required by subdivision (a) to initiate and
enforce, or to contract with a third party to
initiate and enforce, a labor compliance
program, then in addition to the requirements
described in subdivision (b) of Section 1771.5,
the payroll records shall be reviewed on at
least a monthly basis to ensure the awarding
body's compliance with the labor compliance
program.
(d) (1) An awarding body described in
subdivision (a) shall make a written finding
that the awarding body has initiated and
enforced, or has contracted with a third party
to initiate and enforce, the labor compliance
program described in subdivision (a).
(2) (A) If an awarding body described in
subdivision (a) is a school district, the
governing body of that district shall transmit
to the State Allocation Board, in the manner
determined by that board, a copy of the
finding described in paragraph (1).
(B) The State Allocation Board shall not
release the funds described in subdivision (a)
to an awarding body that is a school district
until the State Allocation Board has received
the written finding described in paragraph
(1).
(C) If the State Allocation Board conducts a
postaward audit procedure with respect to an
award of the funds described in subdivision
(a) to an awarding body that is a school
district, the State Allocation Board shall verify,
in the manner determined by that board, that
the school district has complied with the
requirements of this subdivision.
(3) If an awarding body described in
subdivision (a) is a community college
district, the Chancellor of the California State
University, or the office of the President of the
University of California or any campus of the
University of California, that awarding body
shall transmit, in the manner determined by
the Director of Industrial Relations, a copy of
the finding described in paragraph (1) to the
director of that department, or the director of
any successor agency that is responsible for
the oversight of employee wage and employee
work hours laws.
(e) Because the reasonable costs directly
related to monitoring and enforcing
compliance with the prevailing wage
requirements are necessary oversight
activities, integral to the cost of construction
of the public works projects, notwithstanding
Section 17070.63 of the Education Code, the
grant amounts as described in Chapter 12.5
(commencing with Section 17070.10) of Part
10 of Division 1 of Title 1 of the Education
Code for the costs of a new construction or
modernization project shall include the state's
share of the reasonable and directly related
costs of the labor compliance program used to
monitor and enforce compliance with
prevailing wage requirements.
(f) This section shall only apply to contracts
awarded prior to January 1, 2012.
1772. Workers employed by contractors or
subcontractors in the execution of any
contract for public work are deemed to be
employed upon public work.
1773. The body awarding any contract for
public work, or otherwise undertaking any
public work, shall obtain the general
prevailing rate of per diem wages and the
general prevailing rate for holiday and
overtime work in the locality in which the
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public work is to be performed for each craft,
classification, or type of worker needed to
execute the contract from the Director of
Industrial Relations. The holidays upon which
those rates shall be paid need not be specified
by the awarding body, but shall be all holidays
recognized in the applicable collective
bargaining agreement. If the prevailing rate is
not based on a collectively bargained rate, the
holidays upon which the prevailing rate shall
be paid shall be as provided in Section 6700 of
the Government Code. In determining the
rates, the Director of Industrial Relations shall
ascertain and consider the applicable wage
rates established by collective bargaining
agreements and the rates that may have been
predetermined for federal public works,
within the locality and in the nearest labor
market area. Where the rates do not
constitute the rates actually prevailing in the
locality, the director shall obtain and consider
further data from the labor organizations and
employers or employer associations
concerned, including the recognized collective
bargaining representatives for the particular
craft, classification, or type of work involved.

The rate fixed for each craft, classification, or
type of work shall be not less than the
prevailing rate paid in the craft, classification,
or type of work. If the director determines
that the rate of prevailing wage for any craft,
classification, or type of worker is the rate
established by a collective bargaining
agreement, the director may adopt that rate
by reference as provided for in the collective
bargaining agreement and that determination
shall be effective for the life of the agreement
or until the director determines that another
rate should be adopted.
1773.1. (a) Per diem wages, as the term is
used in this chapter or in any other statute
applicable to public works, includes employer
payments for the following:
(1) Health and welfare.
(2) Pension.
(3) Vacation.
(4) Travel.
(5) Subsistence.
(6) Apprenticeship or other training
programs authorized by Section 3093, to the
extent that the cost of training is reasonably
related to the amount of the contributions.
(7) Worker protection and assistance
programs or committees established under
the federal abor Management Cooperation
Act of 1978 (29 U.S.C. Sec. 175a), to the extent
that the activities of the programs or
committees are directed to the monitoring
and enforcement of laws related to public
works.
(8) Industry advancement and collective
bargaining agreements administrative fees,
provided that these payments are required
under a collective bargaining agreement
pertaining to the particular craft,
classification, or type of work within the
locality or the nearest labor market area at
issue.
(9) Other purposes similar to those specified
in paragraphs (1) to (8), inclusive.
(b) Employer payments include all of the
following:
(1) The rate of contribution irrevocably
made by the employer to a trustee or third
person pursuant to a plan, fund, or program.
(2) The rate of actual costs to the employer
reasonably anticipated in providing benefits
to workers pursuant to an enforceable
commitment to carry out a financially
responsible plan or program communicated
in writing to the workers affected.
(3) Payments to the California
Apprenticeship Council pursuant to Section
1777.5.
(c) Employer payments are a credit against
the obligation to pay the general prevailing
rate of per diem wages. However, credit shall
not be granted for benefits required to be
provided by other state or federal law, or for
payments made to monitor and enforce laws
related to public works if those payments are
not made to a program or committee
established under the federal Labor
Management Cooperation Act of 1978 (29
U.S.C. Sec. 175a). Credits for employer
payments also shall not reduce the obligation
to pay the hourly straight time or overtime
wages found to be prevailing. However, an
increased employer payment contribution
that results in a lower hourly straight time or
overtime wage shall not be considered a
violation of the applicable prevailing wage
determination if all of the following conditions
are met:
(1) The increased employer payment is
made pursuant to criteria set forth in a
collective bargaining agreement.
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(2) The basic hourly rate and increased
employer payment are no less than the
general prevailing rate of per diem wages and
the general prevailing rate for holiday and
overtime work in the director' s general
prevailing wage determination.
(3) The employer payment contribution is
irrevocable unless made
in error.
(d) An employer may take credit for an
employer payment specified in subdivision
(b), even if contributions are not made, or
costs are not paid, during the same pay period
for which credit is taken, if the employer
regularly makes the contributions, or
regularly pays the costs, for the plan, fund, or
program on no less than a quarterly basis.
(e) The credit for employer payments shall
be computed on an annualized basis when the
employer seeks credit for employer payments
that are higher for public works projects than
for private construction performed by the
same employer, unless one or more of the
following occur:
(1) The employer has an enforceable
obligation to make the higher rate of
payments on future private construction
performed by the employer.
(2) The higher rate of payments is required
by a project labor agreement.
(3) The payments are made to the California
Apprenticeship Council pursuant to Section
1777.5.
(4) The director determines that
annualization would not serve the purposes of
this chapter.
(f) (1) For the purpose of determining those
per diem wages for contracts, the
representative of any craft, classification, or
type of worker needed to execute contracts
shall file with the Department of Industrial
Relations fully executed copies of the
collective bargaining agreements for the
particular craft, classification, or type of work
involved. The collective bargaining
agreements shall be filed after their execution
and thereafter may be taken into
consideration pursuant to Section 1773
whenever they are filed 30 days prior to the
call for bids. If the collective bargaining
agreement has not been formalized, a
typescript of the final draft may be filed
temporarily, accompanied by a statement
under penalty of perjury as to its effective
date.
(2) When a copy of the collective bargaining
agreement has previously been filed, fully
executed copies of all modifications and
extensions of the agreement that affect per
diem wages or holidays shall be filed. (3)
The failure to comply with filing requirements
of this subdivision shall not be grounds for
setting aside a prevailing wage determination
if the information taken into consideration is
correct.
1773.2. The body awarding any contract for
public work, or otherwise undertaking any
public work, shall specify in the call for bids
for the contract, and in the bid specifications
and in the contract itself, what the general
rate of per diem wages is for each craft,
classification, or type of worker needed to
execute the contract. In lieu of specifying the
rate of wages in the call for bids, and in the
bid specifications and in the contract itself,
the awarding body may, in the call for bids,
bid specifications, and contract, include a
statement that copies of the prevailing rate of
per diem wages are on file at its principal
office, which shall be made available to any
interested party on request. The awarding
body shall also cause a copy of the
determination of the director of the prevailing
rate of per diem wages to be posted at each
job site.
1773.3. (a) (1) An awarding agency shall
provide notice to the Department of Industrial
Relations of any public works contract subject
to the requirements of this chapter, within
five days of the award.
(2) The notice shall be transmitted
electronically in a format specified by the
department and shall include the name of the
contractor, any subcontractor listed on the
successful bid, the bid and contract award
dates, the contract amount, the estimated
start and completion dates, job site location,
and any additional information the
department specifies that aids in the
administration and enforcement of this
chapter.
(b) In lieu of responding to any specific
request for contract award information, the
department may make the information
provided by awarding bodies pursuant to this
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section available for public review on its
Internet Web site.
1773.4. Any prospective bidder or his
representative, any representative of any
craft, classification or type of workman
involved, or the awarding body may, within
20 days after commencement of advertising of
the call for bids by the awarding body, file
with the Director of Industrial Relations a
verified petition to review the determination
of any such rate or rates upon the ground that
they have not been determined in accordance
with the provision of Section 1773 of this
code. Within two days thereafter, a copy of
such petition shall be filed with the awarding
body. The petition shall set forth the facts
upon which it is based. The Director of
Industrial Relations or his authorized
representative shall, upon notice to the
petitioner, the awarding body and such other
persons as he deems proper, including the
recognized collective bargaining
representatives for the particular crafts,
classifications or types of work involved,
institute an investigation or hold a hearing.

Within 20 days after the filing of such petition,
or within such longer period as agreed upon
by the director, the awarding body, and all the
interested parties, he shall make a
determination and transmit the same in
writing to the awarding body and to the
interested parties. Such determination shall
be final and shall be the determination of the
awarding body. Upon receipt by it of the
notice of the filing of such petition the body
awarding the contract or authorizing the
public work shall extend the closing date for
the submission of bids or the starting of work
until five days after the determination of the
general prevailing rates of per diem wages
pursuant to this section. Upon the filing of
any such petition, notice thereof shall be set
forth in the next and all subsequent
publications by the awarding body of the call
for bids. No other notice need be given to
bidders by the awarding body by publication
or otherwise. The determination of the
director shall be included in the contract.
1773.5. (a) The Director of Industrial
Relations may establish
rules and regulations for the purpose of
carrying out this chapter, including, but not
limited to, the responsibilities and duties of
awarding bodies under this chapter.
(b) When a request is made to the director
for a determination of whether a specific
project or type of work awarded or
undertaken by a political subdivision is a
public work, he or she shall make that
determination within 60 days receipt of the
last notice of support or opposition from any
interested party relating to that project or
type of work that was not unreasonably
delayed, as determined by the director. If the
director deems that the complexity of the
request requires additional time to make that
determination, the director may have up to an
additional 60 days if he or she certifies in
writing to the requestor, and any interested
party, the reasons for the extension. If the
requestor is not a political subdivision, the
requester shall, within 15 days of the request,
serve a copy of the request upon the political
subdivision, in which event the political
subdivision shall, within 30 days of its receipt,
advise the director of its position regarding
the request. For projects or types of work that
are otherwise private development projects
receiving public funds, as specified in
subdivision (b) of Section 1720, the director
shall determine whether a specific project or
type of work is a public work within 120 days
of receipt of the last notice of support or
opposition relating to that project or type of
work from any interested party that was not
unreasonably delayed, as determined by the
director.
(c) If an administrative appeal of the
director's determination is made, it shall be
made within 30 days of the date of the
determination. The director shall issue a
determination on the administrative appeal
within 120 days after receipt of the last notice
of support or opposition relating to that
appeal from any interested party that was not
unreasonably delayed, as determined by the
director. The director may have up to an
additional 60 days if he or she certifies in
writing to the party requesting the appeal the
reason for the extension.
(d) The director shall have quasi-legislative
authority to determine coverage of projects or
types of work under the prevailing wage laws
of this chapter. A final determination on any
administrative appeal is subject to judicial
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review pursuant to Section 1085 of the Code
of Civil Procedure. These determinations, and
any determinations relating to the general
prevailing rate of per diem wages and the
general prevailing rate for holiday, shift rate,
and overtime work, shall be exempt from the
Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).
1773.6. If during any quarterly period the
Director of Industrial Relations shall
determine that there has been a change in any
prevailing rate of per diem wages in any
locality he shall make such change available to
the awarding body and his determination
shall be final. Such determination by the
Director of Industrial Relations shall not be
effective as to any contract for which the
notice to bidders has been published.
1773.7. The provisions of Section 11250 of
the Government Code shall not be applicable
to Sections 1773, 1773.4, and 1773.6.
1773.8. An increased employer payment
contribution that results in a lower taxable
wage shall not be considered a violation of the
applicable prevailing wage determination so
long as all of the following conditions are met:
(a) The increased employer payment is
made pursuant to criteria set forth in a
collective bargaining agreement.
(b) The increased employer payment and
hourly straight time and overtime wage
combined are no less than the general
prevailing rate of per diem wages.
(c) The employer payment contribution is
irrevocable unless made in error.
1773.9. (a) The Director of Industrial
Relations shall use the methodology set forth
in subdivision (b) to determine the general
prevailing rate of per diem wages in the
locality in which the public work is to be
performed.
(b) The general prevailing rate of per diem
wages includes all of the following:
(1) The basic hourly wage rate being paid to
a majority of workers engaged in the
particular craft, classification, or type of work
within the locality and in the nearest labor
market area, if a majority of the workers is
paid at a single rate. If no single rate is being
paid to a majority of the workers, then the
single rate being paid to the greatest number
of workers, or modal rate, is prevailing. If a
modal rate cannot be determined, then the
director shall establish an alternative rate,
consistent with the methodology for
determining the modal rate, by considering
the appropriate collective bargaining
agreements, federal rates, rates in the nearest
labor market area, or other data such as wage
survey data.
(2) Other employer payments included in
per diem wages pursuant to Section 1773.1
and as included as part of the total hourly
wage rate from which the basic hourly wage
rate was derived. In the event the total hourly
wage rate does not include any employer
payments, the director shall establish a
prevailing employer payment rate by the
same procedure set forth in paragraph (1).
(3) The rate for holiday and overtime work
shall be those rates specified in the collective
bargaining agreement when the basic hourly
rate is based on a collective bargaining
agreement rate. In the event the basic hourly
rate is not based on a collective bargaining
agreement, the rate for holidays and overtime
work, if any, included with the prevailing
basic hourly rate of pay shall be prevailing.
(c) (1) If the director determines that the
general prevailing rate of per diem wages is
the rate established by a collective bargaining
agreement, and that the collective bargaining
agreement contains definite and
predetermined changes during its term that
will affect the rate adopted, the director shall
incorporate those changes into the
determination. Predetermined changes that
are rescinded prior to their effective date shall
not be enforced.
(2) When the director determines that there
is a definite and predetermined change in the
general prevailing rate of per diem wages as
described in paragraph (1), but has not
published, at the time of the effective date of
the predetermined change, the allocation of
the predetermined change as between the
basic hourly wage and other employer
payments included in per diem wages
pursuant to Section 1773.1, a contractor or
subcontractor may allocate payments of not
less than the amount of the definite and
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predetermined change to either the basic
hourly wage or other employer payments
included in per diem wages for up to 60 days
following the director's publication of the
specific allocation of the predetermined
change.
(3) When the director determines that there
is a definite and predetermined change in the
general prevailing rate of per diem wages as
described in paragraph (1), but the allocation
of that predetermined change as between the
basic hourly wage and other employer
payments included in per diem wages
pursuant to Section 1773.1 is subsequently
altered by the parties to a collective
bargaining agreement described in paragraph
(1), a contractor or subcontractor may
allocate payments of not less than the amount
of the definite and predetermined change in
accordance with either the originally
published allocation or the allocation as
altered in the collective bargaining agreement.
1773.11. (a) Notwithstanding any other
provision of law and except as otherwise
provided by this section, if the state or a
political subdivision thereof agrees by
contract with a private entity that the private
entity's employees receive, in performing that
contract, the general prevailing rate of per
diem wages and the general prevailing rate
for holiday and overtime work, the director
shall, upon a request by the state or the
political subdivision, do both of the following:
(1) Determine, as otherwise provided by
law, the wage rates for each craft,
classification, or type of worker that are
needed to execute the contract.
(2) Provide these wage rates to the state or
political subdivision that requests them.
(b) This section does not apply to a contract
for a public work, as defined in this chapter.
(c) The director shall determine and provide
the wage rates described in this section in the
order in which the requests for these wage
rates were received and regardless of the
calendar year in which they were received. If
there are more than 20 pending requests in a
calendar year, the director shall respond only
to the first 20 requests in the order in which
they were received. If the director determines
that funding is available in any calendar year
to determine and provide these wage rates in
response to more than 20 requests, the
director shall respond to these requests in a
manner consistent with this subdivision.
1774. The contractor to whom the contract is
awarded, and any subcontractor under him,
shall pay not less than the specified prevailing
rates of wages to all workmen employed in
the execution of the contract.
1775. (a) (1) The contractor and any
subcontractor under the contractor shall, as a
penalty to the state or political subdivision on
whose behalf the contract is made or
awarded, forfeit not more than two hundred
dollars ($200) for 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
forty dollars ($40) 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 eighty
dollars ($80) for each calendar day, or portion
thereof, for each worker paid less than the
prevailing wage rate, if the contractor or
subcontractor has been assessed penalties
within the previous three years for failing to
meet its prevailing wage obligations on a
separate contract, unless those penalties were
subsequently withdrawn or overturned.
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(iii) The penalty may not be less than one
hundred twenty dollars ($120) for each
calendar day, or portion thereof, for each
worker paid less than the prevailing wage
rate, if the Labor Commissioner determines
that the violation was willful, as defined in
subdivision (c) of Section 1777.1.
(C) If the amount due under this section is
collected from the contractor or
subcontractor, any outstanding wage claim
under Chapter 1 (commencing with Section
1720) 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 this section and Sections 1771, 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.
1776. (a) Each contractor and subcontractor
shall keep accurate payroll records, showing
the name, address, social security number,
work classification, straight time and
overtime hours worked each day and week,
and the actual per diem wages paid to each
journeyman, apprentice, worker, or other
employee employed by him or her in
connection with the public work. Each payroll
record shall contain or be verified by a
written declaration that it is made under
penalty of perjury, stating both 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
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upon request to a representative of the body
awarding the contract and the Division of
Labor Standards Enforcement 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 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) Unless required to be furnished directly
to the Labor Commissioner in accordance
with paragraph (3) of subdivision (a) of
Section 1771.4, 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 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) Except as provided in subdivision (f), any
copy of records made available for inspection
as copies and furnished upon request to the
public or any public agency by the awarding
body or the Division of Labor Standards
Enforcement shall be marked or obliterated to
prevent disclosure of an individual's name,
address, and social security number. The
name and address 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
multiemployer Taft-Hartley trust fund (29
U.S.C. Sec. 186(c)(5)) that requests the
records for the
purposes of allocating contributions to
participants shall be marked or obliterated
only to prevent disclosure of an individual's
full social security number, but shall provide
the last four digits of the social security
number. 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 social security
number.
(f) (1) Notwithstanding any other provision
of law, agencies that are included in the Joint
Enforcement Strike Force on the
Underground Economy established pursuant
to Section 329 of the Unemployment
Insurance Code and other law enforcement
agencies investigating violations of law shall,
upon request, be provided nonredacted
copies of certified payroll records. Any copies
of records or certified payroll made available
for inspection and furnished upon request to
the public by an agency included in the Joint
Enforcement Strike Force on the
Underground Economy or to a law
enforcement agency investigating a violation
of law shall be marked or redacted to prevent
disclosure of an individual's name, address,
and social security number.
(2) An employer shall not be liable for
damages in a civil action for any reasonable
act or omission taken in good faith in
compliance with this subdivision.
(g) The contractor shall inform the body
awarding the contract 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.
(h) The contractor or subcontractor has 10
days in which to comply subsequent to receipt
of a written notice requesting the records
enumerated in subdivision (a). In the event
that the contractor or subcontractor fails to
comply within the 10-day period, he or she
shall, as a penalty to the state or political
subdivision on whose behalf the contract is
made or awarded, forfeit one hundred dollars
($100) for each calendar day, or portion
thereof, for each worker, until strict
compliance is effectuated. Upon the request of
the Division of Labor Standards Enforcement,
these penalties shall be withheld from
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progress payments then due. A contractor is
not subject to a penalty assessment pursuant
to this section due to the failure of a
subcontractor to comply with this section.
(i) The body awarding the contract shall
cause to be inserted in the contract
stipulations to effectuate this section.
(j) 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.
1777. Any officer, agent, or representative of
the State or of any political subdivision who
wilfully violates any provision of this article,
and any contractor, or subcontractor, or agent
or representative thereof, doing public work
who neglects to comply with any provision of
section 1776 is guilty of a misdemeanor.
1777.1. (a) Whenever a contractor or
subcontractor performing a public works
project pursuant to this chapter is found by
the Labor Commissioner to be in violation of
this chapter with intent to defraud, the
contractor or subcontractor or a firm,
corporation, partnership, or association in
which the contractor or subcontractor has any
interest is ineligible for a period of not less
than one year or more than three years to do
either of the following:
(1) Bid on or be awarded a contract for a
public works project.
(2) Perform work as a subcontractor on a
public works project.
(b) Whenever a contractor or subcontractor
performing a public works project pursuant to
this chapter is found by the Labor
Commissioner to have committed two or
more separate willful violations of this
chapter within a three-year period, the
contractor or subcontractor or a firm,
corporation, partnership, or association in
which the contractor or subcontractor has any
interest is ineligible for a period up to three
years to do either of the following:
(1) Bid on or be awarded a contract for a
public works project.
(2) Perform work as a subcontractor on a
public works project.
(c) Whenever a contractor or subcontractor
performing a public works project has failed
to provide a timely response to a request by
the Division of Labor Standards Enforcement,
the Division of Apprenticeship Standards, or
the awarding body to produce certified
payroll records pursuant to Section 1776, the
Labor Commissioner shall notify the
contractor or subcontractor that, in addition
to any other penalties provided by law, the
contractor or subcontractor will be subject to
debarment under this section if the certified
payroll records are not produced within 30
days after receipt of the written notice. If the
commissioner finds that the contractor or
subcontractor has failed to comply with
Section 1776 by that deadline, unless the
commissioner finds that the failure to comply
was due to circumstances outside the
contractor's or subcontractor's control, the
contractor or subcontractor or a firm,
corporation, partnership, or association in
which the contractor or subcontractor has any
interest is ineligible for a period of not less
than one year and not more than three years
to do either of the following:
(1) Bid on or be awarded a contract for a
public works project.
(2) Perform work as a subcontractor on a
public works project.
(d) (1) In the event a contractor or
subcontractor is determined by the Labor
Commissioner to have knowingly committed a
serious violation of any provision of Section
1777.5, the Labor Commissioner may also
deny to the contractor or subcontractor, and
to its responsible officers, the right to bid on
or to be awarded or perform work as a
subcontractor on any public works contract
for a period of up to one year for the first
violation and for a period of up to three years
for a second or subsequent violation. Each
period of debarment shall run from the date
the determination of noncompliance by the
Labor Commissioner becomes a final order.
(2) The Labor Commissioner shall consider,
in determining whether a violation is serious,
and in determining whether and for how long
a party should be debarred for violating
Section 1777.5, all of the following
circumstances:
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(A) Whether the violation was intentional.
(B) Whether the party has committed other
violations of Section 1777.5.
(C) Whether, upon notice of the violation,
the party took steps to voluntarily remedy the
violation.
(D) Whether, and to what extent, the
violation resulted in lost training
opportunities for apprentices.
(E) Whether, and to what extent, the
violation otherwise harmed apprentices or
apprenticeship programs.
(e) A willful violation occurs when the
contractor or subcontractor knew or
reasonably should have known of his or her
obligations under the public works law and
deliberately fails or
deliberately refuses to comply with its
provisions.
(f) The Labor Commissioner shall publish on
the commissioner's Internet Web site a list of
contractors who are ineligible to bid on or be
awarded a public works contract, or to
perform work as a subcontractor on a public
works project pursuant to this chapter. The
list shall contain the name of the contractor,
the Contractors' State License Board license
number of the contractor, and the effective
period of debarment of the contractor.

Contractors shall be added to the list upon
issuance of a debarment order and the
commissioner shall also notify the
Contractors' State License Board when the list
is updated. At least annually, the
commissioner shall notify awarding bodies of
the availability of the list of debarred
contractors. The commissioner shall also
place advertisements in construction industry
publications targeted to the contractors and
subcontractors, chosen by the commissioner,
that state the effective period of the
debarment and the reason for debarment. The
advertisements shall appear one time for each
debarment of a contractor in each publication
chosen by the commissioner. The debarred
contractor or subcontractor shall be liable to
the commissioner for the reasonable cost of
the advertisements, not to exceed five
thousand dollars ($5,000). The amount paid
to the commissioner for the advertisements
shall be credited against the contractor's or
subcontractor's obligation to pay civil fines or
penalties for the same willful violation of this
chapter.
(g) For purposes of this section, "contractor
or subcontractor" means a firm, corporation,
partnership, or association and its responsible
managing officer, as well as any supervisors,
managers, and officers found by the Labor
Commissioner to be personally and
substantially responsible for the willful
violation of this chapter.
(h) For the purposes of this section, the term
"any interest" means an interest in the entity
bidding or performing work on the public
works project, whether as an owner, partner,
officer, manager, employee, agent, consultant,
or representative. "Any interest" includes, but
is not limited to, all instances where the
debarred contractor or subcontractor
receives payments, whether cash or any other
form of compensation, from any entity
bidding or performing work on the public
works project, or enters into any contracts or
agreements with the entity bidding or
performing work on the public works project
for services performed or to be performed for
contracts that have been or will be assigned
or sublet, or for vehicles, tools, equipment, or
supplies that have been or will be sold, rented,
or leased during the period from the initiation
of the debarment proceedings until the end of
the term of the debarment period. "Any
interest" does not include shares held in a
publicly traded corporation if the shares were
not received as compensation after the
initiation of debarment from an entity bidding
or performing work on a public works project.
(i) For the purposes of this section, the term
"entity" is defined as a company, limited
liability company, association, partnership,
sole proprietorship, limited liability
partnership, corporation, business trust, or
organization.
(j) The Labor Commissioner shall adopt
rules and regulations for the administration
and enforcement of this section.
1777.5. (a) Nothing in this chapter shall
prevent the employment of properly
registered apprentices upon public works.
(b) Every apprentice employed upon public
works shall be paid the prevailing rate of per
diem wages for apprentices in the trade to
which he or she is registered and shall be
employed only at the work of the craft or
trade to which he or she is registered.
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(c) Only apprentices, as defined in Section
3077, who are in training under
apprenticeship standards that have been
approved by the Chief of the Division of
Apprenticeship Standards and who are
parties to written apprentice agreements
under Chapter 4 (commencing with Section
3070) of Division 3 are eligible to be
employed at the apprentice wage rate on
public works. The employment and training of
each apprentice shall be in accordance with
either of the following:
(1) The apprenticeship standards and
apprentice agreements under which he or she
is training.
(2) The rules and regulations of the
California Apprenticeship Council.
(d) When the contractor to whom the
contract is awarded by the state or any
political subdivision, in performing any of the
work under the contract, employs workers in
any apprenticeable craft or trade, the
contractor shall employ apprentices in at least
the ratio set forth in this section and may
apply to any apprenticeship program in the
craft or trade that can provide apprentices to
the site of the public work for a certificate
approving the contractor under the
apprenticeship standards for the employment
and training of apprentices in the area or
industry affected. However, the decision of the
apprenticeship program to approve or deny a
certificate shall be subject to review by the
Administrator of Apprenticeship. The
apprenticeship program or programs, upon
approving the contractor, shall arrange for the
dispatch of apprentices to the contractor. A
contractor covered by an apprenticeship
program's standards shall not be required to
submit any additional application in order to
include additional public works contracts
under that program. "Apprenticeable craft or
trade," as used in this section, means a craft or
trade determined as an apprenticeable
occupation in accordance with rules and
regulations prescribed by the California
Apprenticeship Council. As used in this
section, "contractor" includes any
subcontractor under a contractor who
performs any public works not excluded by
subdivision (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 Administrator of Apprenticeship, upon
application of an apprenticeship program,
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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 who
has agreed to be covered by an apprenticeship
program's standards upon the issuance of the
approval certificate, or who has been
previously approved for an apprenticeship
program in the craft or trade, shall employ the
number of apprentices or the ratio of
apprentices to journeymen stipulated in the
applicable apprenticeship standards, but in no
event less than the 1 to 5 ratio required by
subdivision (g).
(j) Upon proper showing by a contractor
that he or she employs apprentices in a
particular craft or trade in the state on all of
his or her contracts on an annual average of
not less than one hour of apprentice work for
every five hours of labor performed by
journeymen, the Administrator of
Apprenticeship 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 threemonth 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 Department of Industrial
Relations 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 county for
which the training contributions were made
to the council, the grant shall be divided
among those programs based on the number
of apprentices from that county registered in
each program.
(C) All training contributions not distributed
under subparagraphs (A) and (B) shall be
used to defray the future expenses of the
Department of Industrial Relations for the
administration and enforcement of
apprenticeship standards and requirements
under this code.
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(3) All training contributions received
pursuant to this subdivision shall be
deposited in the Apprenticeship Training
Contribution Fund, which is hereby created in
the State Treasury. Upon appropriation by the
Legislature, all moneys in the Apprenticeship
Training Contribution Fund shall be used for
the purpose of carrying out this subdivision
and to pay the expenses of the Department of
Industrial Relations.
(n) The body awarding the contract shall
cause to be inserted in the contract
stipulations to effectuate this section. The
stipulations shall fix the responsibility of
compliance with this section for all
apprenticeable occupations with the prime
contractor.
(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) An awarding body that implements an
approved labor compliance program in
accordance with subdivision (b) of Section
1771.5 may, with the approval of the director,
assist in the enforcement of this section under
the terms and conditions prescribed by the
director.
1777.6. An employer or a labor union shall
not refuse to accept otherwise qualified
employees as registered apprentices on any
public works on any basis listed in
subdivision (a) of Section 12940 of the
Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the
Government Code, except as provided in
Section 3077 of this code and Section 12940
of the Government Code.
1777.7. (a) (1) If the Labor Commissioner or
his or her designee determines after an
investigation that a contractor or
subcontractor knowingly violated Section
1777.5, the contractor and any subcontractor
responsible for the violation shall forfeit, as a
civil penalty to the state or political
subdivision on whose behalf the contract is
made or awarded, not more than one hundred
dollars ($100) for each full calendar day of
noncompliance. The amount of this penalty
may be reduced by the Labor Commissioner if
the amount of the penalty would be
disproportionate to the severity of the
violation. A contractor or subcontractor that
knowingly commits a second or subsequent
violation within a three-year period, if the
noncompliance results in apprenticeship
training not being provided as required by
this chapter, shall forfeit as a civil penalty the
sum of not more than three hundred dollars
($300) for each full calendar day of
noncompliance.
(2) In lieu of the penalty provided for in this
subdivision, the Labor Commissioner may, for
a first-time violation and with the
concurrence of an apprenticeship program
described in subdivision (d) of Section 1777.5,
order the contractor or subcontractor to
provide apprentice employment equivalent to
the work hours that would have been
provided for apprentices during the period of
noncompliance.
(b) The Labor Commissioner shall consider,
in setting the amount of a monetary penalty,
all of the following circumstances:
(1) Whether the violation was intentional.
(2) Whether the party has committed other
violations of Section 1777.5.
(3) Whether, upon notice of the violation,
the party took steps to voluntarily remedy the
violation.
(4) Whether, and to what extent, the
violation resulted in lost training
opportunities for apprentices.
(5) Whether, and to what extent, the
violation otherwise harmed apprentices or
apprenticeship programs.
(c) (1) The Labor Commissioner or his or
her designee shall issue a civil wage and
penalty assessment, in accordance with the
provisions of Section 1741, upon
determination of penalties assessed under
subdivisions (a) and (b). Review of a civil
wage and penalty assessment issued under
this subdivision may be requested in
accordance with the provisions of Section
1742. The regulations of the Director of
Industrial Relations, which govern
proceedings for review of civil wage and
penalty assessments and the withholding of
contract payments under Article 1
(commencing with Section 1720) and Article
2 (commencing with Section 1770), shall
apply.
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(2) For purposes of this section, a
determination issued pursuant to subdivision
(a) or (b) includes a determination that has
been approved by the Labor Commissioner
and issued by an awarding body that has been
authorized to assist the director in the
enforcement of Section 1777.5 pursuant to
subdivision (p) of that section. The Labor
Commissioner may intervene in any
proceeding for review of a determination
issued by an awarding body. If the
involvement of the Labor Commissioner in a
labor compliance program enforcement
action is limited to a review of the
determination and the matter is resolved
without litigation by or against the Labor
Commissioner or the department, the
awarding body shall enforce any applicable
penalties, as specified in this section, and shall
deposit any penalties and forfeitures collected
in the General Fund.
(d) The determination of the Labor
Commissioner as to the amount of the penalty
imposed under subdivisions (a) and (b) shall
be reviewable only for an abuse of discretion.
(e) If a subcontractor is found to have
violated Section 1777.5, the prime contractor
of the project is not liable for any penalties
under subdivision (a) unless the prime
contractor had knowledge of the
subcontractor's failure to comply with the
provisions of Section 1777.5 or unless the
prime contractor fails to comply with any 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 continually monitor
a subcontractor's use of apprentices required
to be employed on the public works project
pursuant to subdivision (d) of Section 1777.5,
including, but not limited to, periodic review
of the certified payroll of the subcontractor.
(3) Upon becoming aware of a failure of the
subcontractor to employ the required number
of apprentices, the contractor shall take
corrective action, including, but not limited to,
retaining funds due to the subcontractor for
work performed on the public works project
until the failure is corrected.
(4) Prior to making the final payment to the
subcontractor for work performed on the
public works project, the contractor shall
obtain a declaration signed under penalty of
perjury from the subcontractor that the
subcontractor has employed the required
number of apprentices on the public works
project.
(f) 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 a complaint that a
subcontractor on that public works project
knowingly violated Section 1777.5.
(g) The interpretation of Section 1777.5 and
the substantive requirements of this section
applicable to contractors or subcontractors
shall be in accordance with the regulations of
the California Apprenticeship Council.
(h) The Director of Industrial Relations may
adopt regulations to establish guidelines for
the imposition of monetary penalties.
1778. Every person, who individually or as a
representative of an awarding or public body
or officer, or as a contractor or subcontractor
doing public work, or agent or officer thereof,
who takes, receives, or conspires with another
to take or receive, for his own use or the use
of any other person any portion of the wages
of any workman or working subcontractor, in
connection with services rendered upon any
public work is guilty of a felony.
1779. Any person or agent or officer thereof
who charges, collects, or attempts to charge or
collect, directly or indirectly, a fee or valuable
consideration for registering any person for
public work, or for giving information as to
where such employment may be procured, or
for placing, assisting in placing, or attempting
to place, any person in public work, whether
the person is to work directly for the State, or
any political subdivision or for a contractor or
subcontractor doing public work is guilty of a
misdemeanor.
1780. Any person acting on behalf of the State
or any political subdivision, or any contractor
or subcontractor or agent or representative
thereof, doing any public work who places any
order for the employment of a workman on
public work where the filling of the order for
employment involves the charging of a fee, or
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the receiving of a valuable consideration from
any applicant for employment is guilty of a
misdemeanor.
1781. (a) (1) Notwithstanding any other
provision of law, a contractor may, subject to
paragraphs (2) and (3), bring an action in a
court of competent jurisdiction to recover
from the body awarding a contract for a
public work or otherwise undertaking any
public work any increased costs incurred by
the contractor as a result of any decision by
the body, the Department of Industrial
Relations, or a court that classifies, after the
time at which the body accepts the
contractor's bid or awards the contractor a
contract in circumstances where no bid is
solicited, the work covered by the bid or
contract as a "public work," as defined in this
chapter, to which Section 1771 applies, if that
body, before the bid opening or awarding of
the contract, failed to identify as a "public
work," as defined in this chapter, in the bid
specification or in the contract documents
that portion of the work that the decision
classifies as a "public work."
(2) The body awarding a contract for a
public work or otherwise undertaking any
public work is not liable for increased costs in
an action described in paragraph (1) if all of
the following conditions are met:
(A) The contractor did not directly submit a
bid to, or directly contract with, that body.
(B) The body stated in the contract,
agreement, ordinance, or other written
arrangement by which it undertook the public
work that the work described in paragraph
(1) was a "public work," as defined in this
chapter, to which Section 1771 applies, and
obligated the party with whom the body
makes its written arrangement to cause the
work described in paragraph (1) to be
performed as a "public work."
(C) The body fulfilled all of its duties, if any,
under the Civil Code or any other provision of
law pertaining to the body providing and
maintaining bonds to secure the payment of
contractors, including the payment of wages
to workers performing the work described in
paragraph (1).
(3) If a contractor did not directly submit a
bid to, or directly contract with a body
awarding a contract for, or otherwise
undertaking a public work, the liability of that
body in an action commenced by the
contractor under subdivision (a) is limited to
that portion of a judgment, obtained by that
contractor against the body that solicited the
contractor's bid or awarded the contract to
the contractor, that the contractor is unable to
satisfy. For purposes of this paragraph, a
contractor may not be deemed to be unable to
satisfy any portion of a judgment unless, in
addition to other collection measures, the
contractor has made a good faith attempt to
collect that portion of the judgment against a
surety bond, guarantee, or some other form of
assurance.
(b) When construction has not commenced
at the time a final decision by the Department
of Industrial Relations or a court classifies all
or part of the work covered by the bid or
contract as a "public work," as defined in this
chapter, the body that solicited the bid or
awarded the contract shall rebid the "public
work" covered by the contract as a "public
work," any bid that was submitted and any
contract that was executed for this work are
null and void, and the contractor may not be
compensated for any nonconstruction work
already performed unless the body soliciting
the bid or awarding the contract has agreed to
compensate the contractor for this work.
(c) For purposes of this section:
(1) "Awarding body" does not include the
Department of General Services, the
Department of Transportation, or the
Department of Water Resources.
(2) "Increased costs" includes, but is not
limited to:
(A) Labor cost increases required to be paid
to workers who perform or performed work
on the "public work" as a result of the events
described in subdivision (a).
(B) Penalties for a violation of this article for
which the contractor is liable, and which
violation is the result of the events described
in subdivision (a).
1782. (a) A charter city shall not receive or
use state funding or financial assistance for a
construction project if the city has a charter
provision or ordinance that authorizes a
contractor to not comply with the provisions
of this article on any public works contract.
(b) A charter city shall not receive or use
state funding or financial assistance for a
construction project if the city has awarded,
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54 Appendix C – CLC 1770-1784
within the prior two years, a public works
contract without requiring the contractor to
comply with all of the provisions of this
article. This subdivision shall not apply if the
charter city's failure to include the prevailing
wage or apprenticeship requirement in a
particular contract was inadvertent and
contrary to a city charter provision or
ordinance that otherwise requires compliance
with this article.
(c) A charter city is not disqualified by
subdivision (a) from receiving or using state
funding or financial assistance for its
construction projects if the charter city has a
local prevailing wage ordinance for all its
public works contracts that includes
requirements that in all respects are equal to
or greater than the requirements imposed by
the provisions of this article and that do not
authorize a contractor to not comply with this
article.
(d) For purposes of this section, the
following shall apply:
(1) A public works contract does not include
contracts for projects of twenty-five thousand
dollars ($25,000) or less when the project is
for construction work, or projects of fifteen
thousand dollars ($15,000) or less when the
project is for alteration, demolition, repair, or
maintenance work.
(2) A charter city includes any agency of a
charter city and any entity controlled by a
charter city whose contracts would be subject
to this article.
(3) A "construction project" means a project
that involves the award of a public works
contract.
(4) State funding or financial assistance
includes direct state funding, state loans and
loan guarantees, state tax credits, and any
other type of state financial support for a
construction project. State funding or
financial assistance does not include revenues
that charter cities are entitled to receive
without conditions under the California
Constitution.
(e) The Director of Industrial Relations shall
maintain a list of charter cities that may
receive and use state funding or financial
assistance for their construction projects.
(f) (1) This section does not restrict a
charter city from receiving or using state
funding or financial assistance that was
awarded to the city prior to January 1, 2015,
or from receiving or using state funding or
financial assistance to complete a contract
that was awarded prior to January 1, 2015.
(2) A charter city is not disqualified by
subdivision (b) from receiving or using state
funding or financial assistance for its
construction projects based on the city's
failure to require a contractor to comply with
this article in performing a contract the city
advertised for bid or awarded prior to January
1, 2015.
1784. (a) Notwithstanding any other law, a
contractor may bring an action in a court of
competent jurisdiction to recover from the
hiring party that the contractor directly
contracts with, any increased costs
attributable solely to the provisions of this
chapter, including, but not limited to, the
difference between the wages actually paid to
an employee and the wages that were
required to be paid to an employee under this
chapter, any penalties or other sums required
to be paid under this chapter, and costs and
attorney's fees for the action incurred by the
contractor as a result of any decision by the
Department of Industrial Relations, the Labor
and Workforce Development Agency, or a
court that classifies, after the time at which
the hiring party accepts the contractor's bid,
awards the contractor a contract under
circumstances when no bid is solicited, or
otherwise allows construction by the
contractor to proceed, the work covered by
the project, or any portion thereof, as a
"public work," as defined in this chapter,
except to the extent that either of the
following is true:
(1) The owner or developer or its agent
expressly advised the contractor that the
work to be covered by the contract would be a
"public work," as defined in this chapter, or is
otherwise subject to the payment of
prevailing wages.
(2) The hiring party expressly advised the
contractor that the work subject to the
contract would be a "public work," as defined
in this chapter, or is otherwise subject to the
payment of prevailing wages.
(b) (1) To be entitled to the recovery of
increased costs described in subdivision (a),
the contractor shall notify the hiring party and
the owner or developer within 30 days after
receipt of the notice of a decision by the
Department of Industrial Relations or the
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55 Appendix C – CLC 1770-1784
Labor and Workforce Development Agency, or
the initiation of any action in a court alleging,
that the work covered by the project, or any
portion thereof, is a "public work," as defined
in this chapter.
(2) The notice provided pursuant to this
subdivision shall set forth the legal name,
address, and telephone number of the
contractor, and the name, address, and
telephone number of the contractor's
representative, if any, and shall be given by
registered or certified mail, express mail, or
overnight delivery by an express service
carrier.
(c) A contractor is not required to list any
prevailing wages or apprenticeship standard
violations on a prequalification questionnaire
that are the direct result of the failure of the
owner or developer or its agent, or a hiring
party, to notify the contractor that the project,
or any portion thereof, was a "public work," as
defined in this chapter.
(d) This section does not apply to private
residential projects built on private property
unless the project is built pursuant to an
agreement with a state agency,
redevelopment agency, or local public housing
authority.
(e) This section does not apply if the conduct
of the contractor caused the project to be a
"public work," as defined in this chapter, or if
the contractor has actual knowledge that the
work is a "public work," as defined in this
chapter.
(f) A contractor may seek recovery pursuant
to this section only from a hiring party with
whom the contractor has a direct contract.
(g) For purposes of this section, "contractor"
means a person or entity licensed by the
Contractors' State Licensing Board that has a
direct contract with the hiring party to
provide services on private property or for
the benefit of a private owner or developer.
(h) For purposes of this section, "hiring
party" means the party that has a direct
contract for services provided by the
contractor who is seeking recovery pursuant
to subdivision (a) on a private works project
that was subsequently determined to be a
public work by the Department of Industrial
Relations or the Labor and Workforce
Development Agency, or by the initiation of
any action in a court alleging that the work
covered by the project, or any portion thereof,
was a public work.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html
1238
56 Appendix D – CLC 1810-1815
Appendix D – Labor Code Section 1810-1815

LABOR CODE
SECTION 1810-1815
1810. Eight hours labor constitutes a legal
day's work in all cases where the same is
performed under the authority of any law of
this State, or under the direction, or control,
or by the authority of any officer of this State
acting in his official capacity, or under the
direction, or control or by the authority of any
municipal corporation, or of any officer
thereof. A stipulation to that effect shall be
made a part of all contracts to which the State
or any municipal corporation therein is a
party.
1811. The time of service of any workman
employed upon public work is limited and
restricted to 8 hours during any one calendar
day, and 40 hours during any one calendar
week, except as hereinafter provided for
under Section 1815.
1812. Every contractor and subcontractor
shall keep an accurate record showing the
name of and actual hours worked each
calendar day and each calendar week by each
worker employed by him or her in connection
with the public work. The record shall be kept
open at all reasonable hours to the inspection
of the awarding body and to the Division of
Labor Standards Enforcement.
1813. 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.
1814. Any officer, agent, or representative of
the State or any political subdivision who
violates any provision of this article and any
contractor or subcontractor or agent or
representative thereof doing public work who
neglects to comply with any provision of
Section 1812 is guilty of a misdemeanor.
1815. Notwithstanding the provisions of
Sections 1810 to 1814, inclusive, of this code,
and notwithstanding any stipulation inserted
in any contract pursuant to the requirements
of said sections, work performed by
employees of contractors in excess of 8 hours
per day, and 40 hours during any one week,
shall be permitted upon public work upon
compensation for all hours worked in excess
of 8 hours per day at not less than 1 1/2 times
the basic rate of pay.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html
1239
57 Appendix E – CLC 3070-3098
Appendix E – Labor Code Section 3070-3098

LABOR CODE
SECTION 3070-3098
3070. There is in the Division of
Apprenticeship Standards the California
Apprenticeship Council, which shall be
appointed by the Governor, composed of six
representatives each from employers or
employer organizations and employee
organizations, that sponsor apprenticeship
programs under this chapter, respectively,
geographically selected, and of two
representatives of the general public. The
Director of Industrial Relations, or his or her
permanent and best qualified designee, and
the Superintendent of Public Instruction, or
his or her permanent and best qualified
designee, and the Chancellor of the California
Community Colleges, or his or her permanent
and best qualified designee, shall also be
members of the California Apprenticeship
Council. The chairperson shall be elected by
vote of the California Apprenticeship Council.

Beginning with appointments in 1985, three
representatives each of employers and
employees, and one public representative
shall serve until January 15, 1989. In 1987,
three representatives each of the employers
and employees, and one public representative
shall serve until January 15, 1991. Any
member whose term expires on January 15,
1986, shall continue to serve until January 15,
1987. Thereafter each member shall serve for
a term of four years. Any member appointed
to fill a vacancy occurring prior to the
expiration of the term of his or her
predecessor shall be appointed for the
remainder of that term. Each member of the
council shall receive the sum of one hundred
dollars ($100) for each day of actual
attendance at meetings of the council, for each
day of actual attendance at hearings by the
council or a committee thereof pursuant to
Section 3082, and for each day of actual
attendance at meetings of other committees
established by the council and approved by
the Director of Industrial Relations, together
with his or her actual and necessary traveling
expenses incurred in connection therewith.
3071. The California Apprenticeship Council
shall meet at the call of the Director of
Industrial Relations and shall aid him or her
in formulating policies for the effective
administration of this chapter.

Thereafter, the California Apprenticeship
Council shall meet quarterly at a designated
date and special meetings may be held at the
call of the chairman. The California
Apprenticeship Council shall issue rules and
regulations which establish standards for
minimum wages, maximum hours, and
working conditions for apprentice
agreements, hereinafter in this chapter
referred to as apprenticeship standards,
which in no case shall be lower than those
prescribed by this chapter; and shall issue
rules and regulations governing equal
opportunities in apprenticeship, affirmative
action programs which include women and
minorities in apprenticeship, and other onthe-job training, and criteria for selection procedures with a view particularly toward
eliminating criteria not relevant to
qualification for training employment or more
stringent than is reasonably necessary.
3072. The Director of Industrial Relations is
ex officio the Administrator of Apprenticeship
and is authorized to appoint assistants as
necessary to effectuate the purposes of this
chapter.
3073. The Chief of the Division of
Apprenticeship Standards, or his or her duly
authorized representative, shall administer
the provisions of this chapter; act as secretary
of the California Apprenticeship Council; shall
foster, promote, and develop the welfare of
the apprentice and industry, improve the
working conditions of apprentices, and
advance their opportunities for profitable
employment; shall ensure that selection
procedures are impartially administered to all
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applicants for apprenticeship; shall gather
and promptly disseminate information
through apprenticeship and training
information centers; shall maintain on public
file in all high schools and field offices of the
Employment Development Department the
name and location of the local area
apprenticeship committees, the filing date,
and minimum requirements for application of
all registered apprenticeship programs; shall
cooperate in the development of
apprenticeship programs and may advise with
them on problems affecting apprenticeship
standards; shall audit all selection and
disciplinary proceedings of apprentices or
prospective apprentices; may enter joint
agreements with the Employment
Development Department outreach education
and employment programs, and educational
institutions on the operation of
apprenticeship information centers, including
positive efforts to achieve information on
equal opportunity and affirmative action
programs for women and minorities; and
shall supervise and recommend
apprenticeship agreements as to these
standards and perform such other duties
associated therewith as the California
Apprenticeship Council may recommend. The
chief shall coordinate the exchange, by the
California Apprenticeship Council, the
apprenticeship program sponsors, the Fair
Employment and Housing Council, community
organizations, and other interested persons,
of information on available minorities and
women who may serve as apprentices.
3073.1. (a) The division shall audit
apprenticeship programs to ensure that the
program audited is complying with its
standards, that all on-the-job training is
supervised by journeymen, that all related
and supplemental instruction required by the
apprenticeship standards is being provided,
that all work processes in the apprenticeship
standards are being covered, and that
graduates have completed the apprenticeship
program's requirements. The division shall
examine each apprenticeship program to
determine whether apprentices are
graduating from the program on schedule or
dropping out and to determine whether
graduates of the program have obtained
employment as journeymen. During the audit,
the division shall attempt to contact a
statistically valid sample of apprentices who
have dropped out of the program prior to
completion to determine the apprentices'
reasons for leaving the program. Every
apprenticeship program sponsor shall have a
duty to cooperate with the division in
conducting an audit.
(b) Audit reports shall be presented to the
California Apprenticeship Council and shall be
made public, except that the division shall not
make public information that would infringe
on the privacy of individual apprentices. The
division shall recommend remedial action to
correct deficiencies recognized in the audit
report, and the failure to follow division
recommendations or to correct deficiencies
within a reasonable period of time shall be
grounds for withdrawing state approval of a
program. Nothing shall prevent the division
from conducting more frequent or random
audits of apprenticeship programs where
deficiencies have been identified.
(c) The division shall give priority in
conducting audits to programs that have been
identified as having deficiencies. The division
may conduct simplified audits for programs
with fewer than five registered apprentices.
(d) For new and newly expanded building
and construction trades apprenticeship
programs, the division shall audit each
program one year after approval of the
creation or expansion of the program.
(e) If the division finds evidence that
information provided to it by a building and
construction trades apprenticeship program
has been purposefully misstated, the division
shall immediately investigate and determine
whether an audit of the program is necessary.

The division shall report its investigatory
findings to the California Apprenticeship
Council and make them available to the
public, except that the division shall not make
public information that would infringe upon
the privacy of individual apprentices.
(f) If the division determines that a building
and construction trades apprenticeship
program has been the subject of two or more
meritorious complaints that concern the
recruitment, training, or education of
apprentices within a five-year period, the
division shall schedule the program for an
audit within three months of the
determination.
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(g) If the division determines that a building
and construction trades apprenticeship
program that has had at least two graduating
classes has an annual apprentice completion
rate below 50 percent of the average
completion rate for the applicable trade, the
division shall schedule the program for an
audit within three months of the
determination.
3073.3. It is the intent of the Legislature that
the Department of Industrial Relations will
encourage greater participation for women
and ethnic minorities in apprenticeship
programs.
3073.5. The Chief of the Division of
Apprenticeship Standards and the California
Apprenticeship Council shall annually report
through the Director of Industrial Relations to
the Legislature and the public on the activities
of the division and the council. The report
shall contain information including, but not
limited to, analyses of the following:
(a) The number of individuals, including
numbers of women and minorities, registered
in apprenticeship programs in this state for
the current year and in each of the previous
five years.
(b) The number and percentage of
apprentices, including numbers and
percentages of minorities and women,
registered in each apprenticeship program
having five or more apprentices, and the
percentage of those apprentices who have
completed their programs successfully in the
current year and in each of the previous five
years.
(c) Remedial actions taken by the division to
assist those apprenticeship programs having
difficulty in achieving affirmative action goals
or having very low completion rates.
(d) The number of disputed issues with
respect to individual apprenticeship
agreements submitted to the Administrator of
Apprenticeship for determination and the
number of those issues resolved by the
council on appeal.
(e) The number of apprenticeship program
applications received by the division, the
number approved, the number denied and the
reason for those denials, the number being
reviewed, and deficiencies, if any, with respect
to those program applications being
reviewed.
(f) The number of apprenticeship programs,
approved by the Division of Apprenticeship
Standards, that are disapproved by the
California Apprenticeship Council, and the
reasons for those disapprovals.
3074. The preparation of trade analyses and
development of curriculum for instruction,
and the administration and supervision of
related and supplemental instruction for
apprentices, coordination of instruction with
job experiences, and the selection and training
of teachers and coordinators for this
instruction shall be the responsibility of, and
shall be provided by, state and local boards
responsible for vocational education upon
agreement with the program sponsor. This
responsibility shall not preclude the
establishment of off-campus related and
supplemental instruction when approved,
developed, and operated in cooperation with
state and local school boards responsible for
vocational education, and when the
instruction meets all other requirements of
this chapter. It is the intent of this chapter that
the instruction shall be made available to
apprentices through classroom instruction,
correspondence courses, self-study or other
means of instruction approved by state and
local public education agencies authorized to
provide vocational education. Pursuant to
this chapter all excess costs incurred by local
public education agencies exceeding state
apportionments and local revenue earned by
the attendance of apprentices shall be payable
by the program sponsor, upon joint
agreement between the sponsor and the local
education agency. The State Board of
Education and the Board of Governors of the
California Community Colleges, and the
Division of Apprenticeship Standards shall
jointly issue regulations regarding calculation
and payment provisions of excess costs to be
borne by the program sponsors. All funds
accrued by local education agencies from
attendance in apprenticeship classes
authorized by this section shall be expended
or allocated for all such classes offered by the
local education agency before excess costs
may be claimed.

The Department of Education and the Board
of Governors of the California Community
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60 Appendix E – CLC 3070-3098
Colleges may provide related and
supplemental instruction to isolated
apprentices as a direct instructional service,
on a contractual basis with local school
districts, by correspondence, or by a
combination of these means. For the purpose
of this section, an isolated apprentice is an
apprentice registered with the Division of
Apprenticeship Standards in the Department
of Industrial Relations who cannot be enrolled
in a class of related and supplementary
instruction for apprentices because of the
small number of apprentices available for an
appropriate class or because there is no
existing apprenticeship program within a
reasonable travel distance.

Interested parties may file a complaint in
accordance with Section 201 of Title 8 of the
Administrative Code, when a community
college or secondary education district is
unable to reach agreement with program
sponsors in providing related and
supplemental instruction. In the process of
securing an amicable adjustment, the
administrator, or his or her representative,
shall meet with the parties involved,
including, but not limited to, the chancellor, or
his or her representative, or the
Superintendent of Public Instruction, or his or
her representative.

Community colleges, and other public school
districts, shall refuse to provide related and
supplemental instruction to an apprenticeship
program when it is determined by the
Administrator of Apprenticeship that the
program sponsor has been found to be in
noncompliance with the State of California
Plan for Equal Opportunity in Apprenticeship.
3074.1. In compliance with the affirmative
action requirements of California's plan for
equal opportunity in apprenticeship, school
districts maintaining high schools, community
colleges districts, and apprenticeship program
sponsors, shall provide students with
information as to the availability of
apprenticeship programs.
3074.3. In providing related and
supplemental instruction pursuant to Section
3074, and notwithstanding any provisions of
the Education Code, the Superintendent of
Public Instruction and the Chancellor of the
California Community Colleges shall recognize
registration in an apprenticeship program
approved by the Division of Apprenticeship
Standards in the Department of Industrial
Relations as an acceptable prerequisite to
enrollment into such related and
supplemental classes.
3074.7. Notwithstanding any other provision
of law, the governing board of a school district
which offers classroom instruction in
postgraduate and upgrading courses pursuant
to subdivision (d) of Section 3093 of this code
may impose a fee upon individuals receiving
instruction in such postgraduate and
upgrading courses. Such fee shall be not more
than the amount necessary, as determined by
the governing board, to cover the total cost of
all such classroom instruction given the
individuals.
3075. (a) An apprenticeship program may be
administered by a joint apprenticeship
committee, unilateral management or labor
apprenticeship committee, or an individual
employer. Programs may be approved by the
chief in any trade in the state or in a city or
trade area, whenever the apprentice training
needs justify the establishment. Where a
collective bargaining agreement exists, a
program shall be jointly sponsored unless
either party to the agreement waives its right
to representation in writing. Joint
apprenticeship committees shall be composed
of an equal number of employer and
employee representatives.
(b) For purposes of this section, the
apprentice training needs in the building and
construction trades shall be deemed to justify
the approval of a new apprenticeship program
only if any of the following conditions are met:
(1) There is no existing apprenticeship
program approved under this chapter serving
the same craft or trade and geographic area.
(2) Existing apprenticeship programs
approved under this chapter that serve the
same craft or trade and geographic area do
not have the capacity, or neglect or refuse, to
dispatch sufficient apprentices to qualified
employers at a public works site who are
willing to abide by the applicable
apprenticeship standards.
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(3) Existing apprenticeship programs
approved under this chapter that serve the
same trade and geographic area have been
identified by the California Apprenticeship
Council as deficient in meeting their
obligations under this chapter.
(c) Notwithstanding subdivision (b), the
California Apprenticeship Council may
approve a new apprenticeship program if
special circumstances, as established by
regulation, justify the establishment of the
program.
3075.1. It is the public policy of this state to
encourage the utilization of apprenticeship as
a form of on-the-job training, when such
training is cost-effective in developing skills
needed to perform public services. State and
local public agencies shall make a diligent
effort to establish apprenticeship programs
for apprenticeable occupations in their
respective work forces. In furtherance of this
policy, public agencies shall take into
consideration (a) the extent to which a
continuous supply of trained personnel is
readily available to public agencies to meet
their skill requirements in the various
occupations which are determined to be
apprenticeable, and (b) the application of
established programs in the private sector,
where appropriate. Public sector
apprenticeship programs should be fully
compatible with affirmative action goals for
the participation of minorities and women in
apprenticeship programs.
3075.5. (a) This section applies when a
building and construction trades industry
program applies to the Chief of the Division of
Apprenticeship Standards for approval of a
new apprenticeship program or for the
expansion of an existing apprenticeship
program into a new occupation or geographic
area. The requirements of this section are in
addition to other requirements that may be
imposed by statute or regulation.
(b) (1) An applicant for a new or expanded
apprenticeship program under subdivision (a)
shall submit to the chief a written plan that
sets out the number of new apprentices the
applicant seeks to enroll during the next five
years in the new or expanded program, new
occupation, or new geographic area. The plan
must include the applicant's budget for
training the new apprentices and a detailed
explanation of how the applicant intends to
provide sufficient funding to meet that
budget.
(2) The applicant shall submit to the chief a
written plan providing a reasonable timetable
to obtain sufficient commitments from
employers to employ the new apprentices so
as to ensure, to the extent feasible, consistent
with the rates of employment for existing
programs in good standing in the applicable
trade, that the new apprentices will be
employed continuously throughout the entire
term of apprenticeship.
(3) The applicant shall submit to the chief
verifiable evidence that the applicant has
obtained, or will obtain, suitable and adequate
facilities to train the new apprentices. The
chief, or his or her representative, shall
personally inspect the facilities within six
months after the final approval of the
program.
(4) The applicant shall submit to the chief a
plan for the recruitment and selection of the
new apprentices. The plan shall include
advertising of the new apprenticeship
opportunities within the geographic area and
outreach to organizations that promote
apprenticeship opportunities to women and
underrepresented minorities.
(c) The chief shall not approve an
application that fails to meet any of the
requirements of this section. If the chief does
not approve an application because of its
failure to comply with this section, the chief
shall within 90 days provide the applicant
with a detailed explanation of the deficiencies
in the application and recommendations for
addressing those deficiencies to obtain
program approval. The applicant may submit
a new or amended application to the chief
within 90 days of receipt of the chief's
recommendations. The chief shall provide a
detailed response to a new or amended
application within 90 days of its receipt.
3075.6. Each building and construction
trades apprenticeship program shall provide
to each apprentice, on at least a semiannual
basis, a statement showing the number of
hours of on-the-job training and related and
supplemental instruction that the apprentice
has acquired toward graduation, the total
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number of hours of on-the-job training and
related and supplemental instruction that are
necessary for graduation, and the apprentice's
expected graduation date.
3075.7. Every building and construction
trades industry apprenticeship program shall
submit apprentice registration, change of
address, graduation, and termination data to
the Division of Apprenticeship Standards on a
monthly basis in an electronic format
acceptable to the division.
3076. The function of a joint apprenticeship
committee, when specific written authority is
delegated by the parent organizations
represented, shall be to establish work
processes, wage rates, working conditions for
apprentices, the number of apprentices which
shall be employed in the trade under
apprentice agreements, and aid in the
adjustment of apprenticeship disputes in
accordance with standards for apprenticeship
set up by the California Apprenticeship
Council. Disciplinary proceedings resulting
from disputes shall be duly noticed to the
involved individuals.
3076.3. Program sponsors shall establish
selection procedures which specify minimum
requirements for formal education or
equivalency, physical examination, if any,
subject matter of written tests and oral
interviews, and any other criteria pertinent to
the selection process; shall specify the relative
weights of all factors which determine
selection to an apprenticeship program; shall
submit in writing to the chief an official
statement of each selection procedure
including the filing date and location of the
program sponsor; shall make a copy of the
selection procedures available to each
applicant; shall provide in writing to each
applicant not selected an official explanation
setting forth the reason or reasons for the
nonselection, copies of which shall be
retained as a public record in the files of the
program sponsor for a period of five years;
and shall implement affirmative action
programs for minorities and women in
accordance with the rules, regulations, and
guidelines of the California Apprenticeship
Council.
3076.5. A program sponsor may provide in its
selection procedures for an additional 10
points credit in the selection of veteran
applicants for apprenticeship. "Veteran," as
used in this section, means a veteran who has
served in the armed forces of this country for
at least 181 consecutive days since January
31, 1955, and who has been discharged or
released under conditions other than
dishonorable, but does not include any person
who served only in auxiliary or reserve
components of the armed forces whose
services therein did not exempt him or her
from the operation of the Selective Training
and Service Act of 1940 (54 Stat. 885).
3077. The term "apprentice" as used in this
chapter, means a person at least 16 years of
age who has entered into a written
agreement, in this chapter called an
"apprentice agreement," with an employer or
program sponsor. The term of apprenticeship
for each apprenticeable occupation shall be
approved by the chief, and in no case shall
provide for less than 2,000 hours of
reasonably continuous employment for such
person and for his or her participation in an
approved program of training through
employment and through education in related
and supplemental subjects.
3077.5. A program sponsor administering an
apprenticeship program under this chapter
shall not provide a maximum age for
apprentices.
3078. Every apprentice agreement entered
into under this chapter shall directly, or by
reference, contain:
(a) The names of the contracting parties.
(b) The date of birth of the apprentice.
(c) A statement of the trade, craft, or
business which the apprentice is to be taught,
and the time at which the apprenticeship will
begin and end.
(d) A statement showing the number of
hours to be spent by the apprentice in work
and the learning objectives to be
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accomplished through related and
supplemental instruction, except as otherwise
provided under Section 3074. These
exceptions shall be subject to the appeal
procedures established in Sections 3081,
3082, 3083, and 3084. A minimum of 144
hours of related and supplemental instruction
for each year of apprenticeship is
recommended; however, related instruction
may be expressed in terms of units or other
objectives to be accomplished. In no case shall
the combined weekly hours of work and
required related and supplemental
instruction of the apprentice exceed the
maximum number of hours of work
prescribed by law for a person of the age of
the apprentice.
(e) A statement setting forth a schedule of
the processes in the trade or industry
divisions in which the apprentice is to be
taught and the approximate time to be spent
at each process.
(f) A statement of the graduated scale of
wages to be paid the apprentice and whether
the required schooltime shall be
compensated.
(g) A statement providing for a period of
probation of not more than 1,000 hours of
employment and not more than 72 hours of
related instruction, during which time the
apprentice agreement may be terminated by
the program sponsor at the request in writing
of either party, and providing that after the
probationary period the apprentice
agreement may be terminated by the
administrator by mutual agreement of all
parties thereto, or canceled by the
administrator for good and sufficient reason.
(h) A provision that all controversies or
differences concerning the apprentice
agreement which cannot be adjusted locally,
or which are not covered by collectivebargaining agreement, shall be submitted to the administrator for determination as
provided for in Section 3081.
(i) A provision that an employer who is
unable to fulfill his or her obligation under the
apprentice agreement may, with approval of
the administrator, transfer the contract to any
other employer if the apprentice consents and
the other employer agrees to assume the
obligation of the apprentice agreement.
(j) Such additional terms and conditions as
may be prescribed or approved by the
California Apprenticeship Council, not
inconsistent with the provisions of this
chapter.
(k) A clause providing that there shall be no
liability on the part of the other contracting
party for an injury sustained by an apprentice
engaged in schoolwork at a time when the
employment of the apprentice has been
temporarily or permanently terminated.
3079. Every apprentice agreement under this
chapter shall be approved by the local joint
apprenticeship committee or the parties to a
collective bargaining agreement or, subject to
review by the council, by the administrator
where there is no collective bargaining
agreement or joint committee, a copy of which
shall be filed with the California
Apprenticeship Council. Every apprentice
agreement shall be signed by the employer, or
his or her agent, or by a program sponsor, as
provided in Section 3080, and by the
apprentice, and if the apprentice is a minor,
by the minor's parent or guardian. Where a
minor enters into an apprentice agreement
under this chapter for a period of training
extending into his or her majority, the
apprentice agreement shall likewise be
binding for such a period as may be
covered during the apprentice's majority.
3080. (a) For the purpose of providing
greater diversity of training or continuity of
employment, any apprentice agreement made
under this chapter may in the discretion of the
California Apprenticeship Council be signed
by an association of employers or an
organization of employees instead of by an
individual employer. In that case, the
apprentice agreement shall expressly provide
that the association of employers or
organization of employees does not assume
the obligation of an employer but agrees to
use its best endeavors to procure employment
and training for an apprentice with one or
more employers who will accept full
responsibility, as herein provided, for all the
terms and conditions of employment and
training set forth in the agreement between
the apprentice and employer association or
employee organization during the period of
the apprentice's employment. The apprentice
agreement shall also expressly provide for the
transfer of the apprentice, subject to the
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64 Appendix E – CLC 3070-3098
approval of the California Apprenticeship
Council, to an employer or employers who
shall sign a written agreement with the
apprentice, and if the apprentice is a minor,
with the apprentice's parent or guardian, as
specified in Section 3079, contracting to
employ the apprentice for the whole or a
definite part of the total period of
apprenticeship under the terms and
conditions of employment and training set
forth in the apprentice agreement.
(b) All apprenticeship programs with more
than one employer or an association of
employers shall include provisions sufficient
to ensure meaningful representation of the
interests of apprentices in the management of
the program.
3081. Upon the complaint of any interested
person or upon his own initiative, the
administrator may investigate to determine if
there has been a violation of the terms of an
apprentice agreement, made under this
chapter, and he may hold hearings, inquiries,
and other proceedings necessary to such
investigations and determinations. The
parties to such agreement shall be given a fair
and impartial hearing, after reasonable notice
thereof. All such hearings, investigations and
determinations shall be made under authority
of reasonable rules and procedures
prescribed by the California Apprenticeship
Council.
3082. The determination of the administrator
shall be filed with the California
Apprenticeship Council. If no appeal
therefrom is filed with the California
Apprenticeship Council within 10 days from
the date the parties are given notification of
the determination, in accordance with Section
1013a and Section 2015.5 of the Code of Civil
Procedure, the determination shall become
the order of the California Apprenticeship
Council. Any person aggrieved by the
determination or action of the administrator
may appeal therefrom to the California
Apprenticeship Council, which shall review
the entire record and may hold a hearing
thereon after due notice to the interested
parties.
3083. The decision of the California
Apprenticeship Council as to the facts shall be
conclusive if supported by the evidence and
all orders and decisions of the California
Apprenticeship Council shall be prima facie
lawful and reasonable.
3084. Any party to an apprentice agreement
aggrieved by an order or decision of the
California Apprenticeship Council may
maintain appropriate proceedings in the
courts on questions of law. The decision of the
California Apprenticeship Council shall be
conclusive if the proceeding is not filed within
30 days after the date the aggrieved party is
given notification of the decision.
3084.5. In any case in which a person or
persons have willfully violated any of the
laws, regulations, or orders governing
applicants for apprenticeship or apprentices
registered under this chapter, the Division of
Apprenticeship Standards may obtain in a
court of competent jurisdiction, an injunction
against any further violations of any such
laws, regulations, or orders by such person or
persons.
3085. No person shall institute any action for
the enforcement of any apprentice agreement,
or damages for the breach of any apprentice
agreement, made under this chapter, unless
he shall first have exhausted all
administrative remedies provided by this
chapter.
3086. Nothing in this chapter or in any
apprentice agreement approved under this
chapter shall operate to invalidate any
apprenticeship provision in any collective
agreement between employers and
employees setting up higher apprenticeship
standards.
3088. If any provision of this chapter or the
application thereof to any person or
circumstances is held invalid, the remainder
of the chapter and the application of such
provision to other persons and circumstances,
shall not be affected thereby.
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65 Appendix E – CLC 3070-3098
3089. This chapter shall be known and may
be cited as the Shelley-Maloney Apprentice
Labor Standards Act of 1939.
3090. The Division of Apprenticeship
Standards shall investigate, approve or reject
applications from establishments for
apprenticeship and other on-the-job training,
and for that purpose, may cooperate, or
contract with, and receive reimbursements
from the appropriate agencies of the Federal
Government.
3091. Acceptance of an application for
entrance into an apprenticeship training
program shall not be predicated on the
payment of any fee. Reasonable costs for
expense incurred may be charged after an
applicant has been accepted into the program.
3091.5. Pursuant to Section 16370 of the
Government Code, there is hereby authorized
in the State Treasury a Special Deposit Fund
Account, which shall consist of moneys
collected from the sale of instructional
material to persons enrolled in any
apprenticeship training program under this
chapter. All of the moneys collected are
hereby appropriated without regard to fiscal
year for the support of the Department of
Education to be used for the development and
production of apprenticeship instructional
material.
3092. A successful graduate of a training
program in a particular apprenticeable
occupation of a vocational education program
meeting the standards of the California State
Plan for Vocational Education may receive
credit toward a term of apprenticeship if the
program is jointly established and approved
by a school district, a county superintendent
of schools, a public entity conducting a
regional occupational center or program, or a
private postsecondary vocational school
accredited by a regional or national
accrediting agency recognized by the United
States Office of Education and the program
sponsor of the particular apprenticeable
occupation.
3093. (a) This section applies only when
voluntarily requested by the parties to a
collective bargaining agreement or by an
employer, his or her association, or a union, or
its representative where there is no collective
bargaining agreement.
(b) Nothing in this section may be construed
in any way so as to compel, regulate, interfere
with, or duplicate the provisions of any
established training programs which are
operated under the terms of any collective
bargaining agreements or unilaterally by any
employer or bona fide labor union.
(c) Services contemplated under this section
may be provided only when voluntarily
requested and shall be denied when it is
found that existing prevailing conditions in
the area and industry would in any way be
lowered or adversely affected.
(d) The California Apprenticeship Council in
cooperation with the Department of
Education, the Employment Development
Department, and the Board of Governors of
the California Community Colleges may foster
and promote on-the-job training programs
other than apprenticeship as follows:
(1) programs for journeymen in the
apprenticeable occupations to keep them
abreast of current techniques, methods, and
materials and opportunities for advancement
in their industries;
(2) programs in other than apprenticeable
occupations for workers entering the labor
market for the first time or workers entering
new occupations by reason of having been
displaced from former occuptions by reason
of economic, industrial, technological
scientific changes, or developments;
(3) the programs shall be in accord with and
agreed to by the parties to any applicable
collective bargaining agreements and where
appropriate will include joint employeremployee cooperation in the programs. (e) The Division of Apprenticeship
Standards when requested may foster and
promote voluntary on-the-job training
programs in accordance with this section, and
assist employers, employees and other
interested persons and agencies in the
development and carrying out of the
programs. The Division of Apprenticeship
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66 Appendix E – CLC 3070-3098
Standards shall cooperate in these functions
with the Department of Education, the
Employment Development Department, and
the Board of Governors of the California
Community Colleges and other governmental
agencies. The Division of Apprenticeship
Standards may cooperate with the
Department of Corrections and the
Department of the Youth Authority in the
development of training programs for inmates
and releasees of correctional institutions.
(f) The programs, where appropriate, may
include related and supplemental classroom
instruction offered and administered by state
and local boards responsible for vocational
education.
(g) The activities and services of the Division
of Apprenticeship Standards in training
programs under this section shall be
performed without curtailing or in any way
interfering with the division's activities and
services in apprenticeship.
(h) The Division of Apprenticeship
Standards may contract with, and receive
reimbursements from, appropriate federal,
state, and other governmental agencies.
(i) The vocational education activities and
services of the Department of Education, the
Board of Governors of the California
Community Colleges, and local public school
districts shall not be abridged or abrogated
through implementation of this section.
(j) "On-the-job training" as used in this
section refers exclusively to training confined
to the needs of a specific occupation and
conducted at the jobsite for employed
workers.
(k) "Journeyman," as used in this section,
means a person who has either
(1) completed an accredited apprenticeship in
his craft, or
(2) who has completed the equivalent of an
apprenticeship in length and content of work
experience and all other requirements in the
apprenticeship standards for the craft which
has workers classified as journeymen in an
apprenticeable occupation.
(l) Nothing in this section shall be construed
to require prior approval, ratification, or
reference of any training program to the
Division of Apprenticeship Standards or the
Department of Industrial Relations.
3095. Every person who willfully
discriminates in any recruitment or
apprenticeship program on any basis listed in
subdivision (a) of Section 12940 of the
Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the
Government Code, except as otherwise
provided in Section 12940 of the Government
Code, is guilty of a misdemeanor punishable
by a fine of not more than one thousand
dollars ($1,000) or by imprisonment for not
more than six months, or both.
3097. The Department of Industrial Relations,
Division of Apprenticeship Standards, may
cooperate in the provision of, or provide,
services to the Employment Development
Department, and to service delivery areas, as
designated pursuant to the Job Training
Partnership Act (P.L. 97-300, and Division 8
commencing with Section 15000 of the
Unemployment Insurance Code). The
Department of Industrial Relations, Division
of Apprenticeship Standards may enter into
any agreements as may be necessary for this
purpose. The Division of Apprenticeship
Standards shall exert maximum effort to
persuade sponsors of its registered,
nonfederally funded, voluntary
apprenticeship and on-the-job training
programs to accept to the maximum possible
extent the eligible persons as described in the
Job Training Partnership Act (P.L. 97-300)
and Division 8 (commencing with Section
15000) of the Unemployment Insurance Code.
3098. An apprentice registered in an
approved apprenticeship program in any of
the building and construction trades shall be
employed only as an apprentice when
performing any construction work for an
employer that is a party, individually or
through an employer association, to any
apprenticeship agreement or standards
covering that individual.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html
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67 Appendix F – PCC 4104, 4107, 4107.5, 4108, 10164, and 20103.5 Appendix F – Public Contract Code Sections 4104, 4107, 4107.5, 4108, 10164, and 20103.5
4104. Any officer, department, board, or
commission taking bids for the construction
of any public work or improvement shall
provide in the specifications prepared for the
work or improvement or in the general
conditions under which bids will be received
for the doing of the work incident to the
public work or improvement that any person
making a bid or offer to perform the work,
shall, in his or her bid or offer, set forth:
(a) (1) The name, the location of the place of
business, and the California contractor license
number of each subcontractor who will
perform work or labor or render service to
the prime contractor in or about the
construction of the work or improvement, or
a subcontractor licensed by the State of
California who, under subcontract to the
prime contractor, specially fabricates and
installs a portion of the work or improvement
according to detailed drawings contained in
the plans and specifications, in an amount in
excess of one-half of 1 percent of the prime
contractor's total bid or, in the case of bids or
offers for the construction of streets or
highways, including bridges, in excess of onehalf of 1 percent of the prime contractor's total bid or ten thousand dollars
($10,000),whichever is greater.
(2) An inadvertent error in listing the
California contractor license number provided
pursuant to paragraph (1) shall not be
grounds for filing a bid protest or grounds for
considering the bid nonresponsive if the
corrected contractor's license number is
submitted to the public entity by the prime
contractor within 24 hours after the bid
opening and provided the corrected
contractor's license number corresponds to
the submitted name and location for that
subcontractor.
(3) (A) Subject to subparagraph (B), any
information requested by the officer,
department, board, or commission concerning
any subcontractor who the prime contractor
is required to list under this subdivision,
other than the subcontractor's name, location
of business, and California contractor license
number, may be submitted by the prime
contractor up to 24 hours after the deadline
established by the officer, department, board,
or commission for receipt of bids by prime
contractors.
(B) A state or local agency may implement
subparagraph (A) at its option.
(b) The portion of the work that will be done
by each subcontractor under this act. The
prime contractor shall list only one
subcontractor for each portion as is defined
by the prime contractor in his or her bid.
(c) This section shall become operative on
July 1, 2014.
--------------------------------
4107. A prime contractor whose bid is
accepted may not:
(a) Substitute a person as subcontractor in
place of the subcontractor listed in the
original bid, except that the awarding
authority, or its duly authorized officer, may,
except as otherwise provided in Section
4107.5, consent to the substitution of another
person as a subcontractor in any of the
following situations:
(1) When the subcontractor listed in the bid,
after having had a reasonable opportunity to
do so, fails or refuses to execute a written
contract for the scope of work specified in the
subcontractor's bid and at the price specified
in the subcontractor's bid, when that written
contract, based upon the general terms,
conditions, plans, and specifications for the
project involved or the terms of that
subcontractor's written bid, is presented to
the subcontractor by the prime contractor.
(2) When the listed subcontractor becomes
insolvent or the subject of an order for relief
in bankruptcy.
(3) When the listed subcontractor fails or
refuses to perform his or her subcontract.
(4) When the listed subcontractor fails or
refuses to meet the bond requirements of the
prime contractor as set forth in Section 4108.
(5) When the prime contractor
demonstrates to the awarding
authority, or its duly authorized officer,
subject to the further provisions set forth in
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68 Appendix F – PCC 4104, 4107, 4107.5, 4108, 10164, and 20103.5 Section 4107.5, that the name of the
subcontractor was listed as the result of an
inadvertent clerical error.
(6) When the listed subcontractor is not
licensed pursuant to the Contractors License
Law.
(7) When the awarding authority, or its duly
authorized officer, determines that the work
performed by the listed subcontractor is
substantially unsatisfactory and not in
substantial accordance with the plans and
specifications, or that the subcontractor is
substantially delaying or disrupting the
progress of the work.
(8) When the listed subcontractor is
ineligible to work on a public works project
pursuant to Section 1777.1 or 1777.7 of the
Labor Code.
(9) When the awarding authority
determines that a listed subcontractor is not a
responsible contractor. Prior to approval of
the prime contractor's request for the
substitution, the awarding authority, or its
duly authorized officer, shall give notice in
writing to the listed subcontractor of the
prime contractor's request to substitute and
of the reasons for the request. The notice shall
be served by certified or registered mail to the
last known address of the subcontractor. The
listed subcontractor who has been so notified
has five working days within which to submit
written objections to the substitution to the
awarding authority. Failure to file these
written objections constitutes the listed
subcontractor's consent to the substitution.

If written objections are filed, the awarding
authority shall give notice in writing of at
least five working days to the listed
subcontractor of a hearing by the awarding
authority on the prime contractor's request
for substitution.
(b) Permit a subcontract to be voluntarily
assigned or transferred or allow it to be
performed by anyone other than the original
subcontractor listed in the original bid,
without the consent of the
awarding authority, or its duly authorized
officer.
(c) Other than in the performance of "change
orders" causing changes or deviations from
the original contract, sublet or subcontract
any portion of the work in excess of one-half
of 1 percent of the prime contractor's total bid
as to which his or her original bid did not
designate a subcontractor.
--------------------------------
4107.5. The prime contractor as a condition
to assert a claim of inadvertent clerical error
in the listing of a subcontractor shall within
two working days after the time of the prime
bid opening by the awarding authority give
written notice to the awarding authority and
copies of that notice to both the subcontractor
he or she claims to have listed in error and the
intended subcontractor who had bid to the
prime contractor prior to bid opening. Any
listed subcontractor who has been notified by
the prime contractor in accordance with this
section as to an inadvertent clerical error
shall be allowed six working days from the
time of the prime bid opening within which to
submit to the awarding authority and to the
prime contractor written objection to the
prime contractor's claim of inadvertent
clerical error. Failure of the listed
subcontractor to file the written notice within
the six working days shall be primary
evidence of his or her agreement that an
inadvertent clerical error was made. The
awarding authority shall, after a public
hearing as provided in Section 4107 and in
the absence of compelling reasons to the
contrary, consent to the substitution of the
intended subcontractor:
(a) If (1) the prime contractor, (2) the
subcontractor listed in error, and (3) the
intended subcontractor each submit an
affidavit to the awarding authority along with
such additional evidence as the parties may
wish to submit that an inadvertent clerical
error was in fact made, provided that the
affidavits from each of the three parties are
filed within eight working days from the time
of the prime bid opening, or
(b) If the affidavits are filed by both the
prime contractor and the intended
subcontractor within the specified time but
the subcontractor whom the prime contractor
claims to have listed in error does not submit
within six working days, to the awarding
authority and to the prime contractor, written
objection to the prime contractor's claim of
inadvertent clerical error as provided in this
section. If the affidavits are filed by both the
prime contractor and the intended
subcontractor but the listed subcontractor
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69 Appendix F – PCC 4104, 4107, 4107.5, 4108, 10164, and 20103.5 has, within six working days from the time of
the prime bid opening, submitted to the
awarding authority and to the prime
contractor written objection to the prime
contractor's claim of inadvertent clerical
error, the awarding authority shall investigate
the claims of the parties and shall hold a
public hearing as provided in Section 4107 to
determine the validity of those claims. Any
determination made shall be based on the
facts contained in the declarations submitted
under penalty of perjury by all three parties
and supported by testimony under oath and
subject to cross-examination. The awarding
authority may, on its own motion or that of
any other party, admit testimony of other
contractors, any bid registries or depositories,
or any other party in possession of facts
which may have a bearing on the decision of
the awarding authority.
4108. (a) It shall be the responsibility of each
subcontractor submitting bids to a prime
contractor to be prepared to submit a faithful
performance and payment bond or bonds if so
requested by the prime contractor.
(b) In the event any subcontractor
submitting a bid to a prime contractor does
not, upon the request of the prime contractor
and at the expense of the prime contractor at
the established charge or premium therefor,
furnish to the prime contractor a bond or
bonds issued by an admitted surety wherein
the prime contractor shall be named the
obligee, guaranteeing prompt and faithful
performance of the subcontract and the
payment of all claims for labor and materials
furnished or used in and about the work to be
done and performed under the subcontract,
the prime contractor may reject the bid and
make a substitution of another subcontractor
subject to Section 4107.
(c) (1) The bond or bonds may be required
under this section only if the prime contractor
in his or her written or published request for
subbids clearly specifies the amount and
requirements of the bond or bonds.
(2) If the expense of the bond or bonds
required under this section is to be borne by
the subcontractor, that requirement shall also
be specified in the prime contractor's written
or published request for subbids.
(3) The prime contractor's failure to specify
bond requirements, in accordance with this
subdivision, in the written or published
request for subbids shall preclude the prime
contractor from imposing bond requirements
under this section.
10164. In all state projects where federal
funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be
licensed in accordance with the laws of this
state. However, at the time the contract is
awarded, the contractor shall be properly
licensed in accordance with the laws of this
state. The contract shall not be awarded
unless the state agency has verified that the
contractor has a valid license in the
appropriate classification for the work
performed. Any bidder or contractor not so
licensed shall be subject to all legal penalties
imposed by law, including, but not limited to,
any appropriate disciplinary action by the
Contractors State License Board. The
department shall include a statement to that
effect in the standard form of prequalification
questionnaire and financial statement. Failure
of the bidder to obtain proper and adequate
licensing for an award of a contract shall
constitute a failure to execute the contract as
provided in Section 10181 and shall result in
the forfeiture of the security of the bidder.
20103.5. In all contracts subject to this part
where federal funds are involved, no bid
submitted shall be invalidated by the failure
of the bidder to be licensed in accordance
with the laws of this state. However, at the
time the contract is awarded, the contractor
shall be properly licensed in accordance with
the laws of this state. The first payment for
work or material under any contract shall not
be made unless and until the Registrar of
Contractors verifies to the agency that the
records of the Contractors' State License
Board indicate that the contractor was
properly licensed at the time the contract was
awarded. Any bidder or contractor not so
licensed shall be subject to all legal penalties
1252
70 Appendix F – PCC 4104, 4107, 4107.5, 4108, 10164, and 20103.5 imposed by law, including, but not limited to,
any appropriate disciplinary action by the
Contractors' State License Board. The agency
shall include a statement to that effect in the
standard form of prequalification
questionnaire and financial statement. Failure
of the bidder to obtain proper and adequate
licensing for an award of a contract shall
constitute a failure to execute the contract and
shall result in the forfeiture of the security of
the bidder.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html
1253
71 Appendix G – USC 175a, 186
Appendix G – United States
Code Title 29 Labor Section
175a
Section 175a
§ 175a. Assistance to plant, area, and
industrywide labor management
committees
(a) Establishment and operation of plant,
area, and industrywide committees
(1) The Service is authorized and directed to
provide assistance in the establishment and
operation of plant, area and industrywide
labor management committees which—
(A) have been organized jointly by employers
and labor organizations representing
employees in that plant, area, or industry; and
(B) are established for the purpose of
improving labor management relationships,
job security, organizational effectiveness,
enhancing economic development or
involving workers in decisions affecting their
jobs including improving communication with
respect to subjects of mutual interest and
concern.
(2) The Service is authorized and directed to
enter into contracts and to make grants,
where necessary or appropriate, to fulfill its
responsibilities under this section.
---------------------------------------------------------- § 186. Restrictions on financial
transactions
(c) Exceptions
(5) with respect to money or other thing of
value paid to a trust fund established by such
representative, for the sole and exclusive
benefit of the employees of such employer,
and their families and dependents (or of such
employees, families, and dependents jointly
with the employees of other employers
making similar payments, and their families
and dependents): Provided, That (A) such
payments are held in trust for the purpose of
paying, either from principal or income or
both, for the benefit of employees, their
families and dependents, for medical or
hospital care, pensions on retirement or death
of employees, compensation for injuries or
illness resulting from occupational activity or
insurance to provide any of the foregoing, or
unemployment benefits or life insurance,
disability and sickness insurance, or accident
insurance; (B) the detailed basis on which
such payments are to be made is specified in a
written agreement with the employer, and
employees and employers are equally
represented in the administration of such
fund, together with such neutral persons as
the representatives of the employers and the
representatives of employees may agree upon
and in the event the employer and employee
groups deadlock on the administration of such
fund and there are no neutral persons
empowered to break such deadlock, such
agreement provides that the two groups shall
agree on an impartial umpire to decide such
dispute, or in event of their failure to agree
within a reasonable length of time, an
impartial umpire to decide such dispute shall,
on petition of either group, be appointed by
the district court of the United States for the
district where the trust fund has its principal
office, and shall also contain provisions for an
annual audit of the trust fund, a statement of
the results of which shall be available for
inspection by interested persons at the
principal office of the trust fund and at such
other places as may be designated in such
written agreement; and (C) such payments as
are intended to be used for the purpose of
providing pensions or annuities for
employees are made to a separate trust which
provides that the funds held therein cannot be
used for any purpose other than paying such
pensions or annuities;
The United States Code above was found at:
http://www.gpo.gov/fdsys/pkg/USCODE2013-title29
1254
72 Appendix H – GC 6700, 12926-12926.1, 12940
Appendix - H Government Code Section 6700, 12926-12926.1, 12940

GOVERNMENT CODE
SECTION 6700
6700. (a) The holidays in this state are:
(1) Every Sunday.
(2) January 1st.
(3) The third Monday in January, known as
"Dr. Martin Luther King, Jr. Day."
(4) February 12th, known as "Lincoln Day."
(5) The third Monday in February.
(6) March 31st known as "Cesar Chavez
Day."
(7) The last Monday in May.
(8) July 4th.
(9) The first Monday in September.
(10) September 9th, known as "Admission
Day."
(11) The fourth Friday in September, known
as "Native American Day."
(12) The second Monday in October, known
as "Columbus Day."
(13) November 11th, known as "Veterans
Day."
(14) December 25th.
(15) Good Friday from 12 noon until 3 p.m.
(16) (A) Every day appointed by the
President or Governor for a public fast,
thanksgiving, or holiday.
(B) Except for the Thursday in November
appointed as Thanksgiving
Day, this paragraph and paragraphs (3) and
(6) shall not apply to a city, county, or district
unless made applicable by charter, or by
ordinance or resolution of the governing body
thereof.
(b) If the provisions of this section are in
conflict with the provisions of a memorandum
of understanding reached pursuant to Chapter
12 (commencing with Section 3560) of
Division 4 of Title 1, the memorandum of
understanding shall be controlling without
further legislative action, except that if those
provisions of a memorandum of
understanding require the expenditure of
funds, the provisions shall not become
effective unless approved by the Legislature
in the annual Budget Act.

GOVERNMENT CODE
SECTION 12926 -
12926.1
12926. As used in this part in connection with
unlawful practices, unless a different meaning
clearly appears from the context:
(a) "Affirmative relief" or "prospective
relief" includes the authority to order
reinstatement of an employee, awards of
backpay, reimbursement of out-of-pocket
expenses, hiring, transfers, reassignments,
grants of tenure, promotions, cease and desist
orders, posting of notices, training of
personnel, testing, expunging of records,
reporting of records, and any other similar
relief that is intended to correct unlawful
practices under this part.
(b) "Age" refers to the chronological age of
any individual who has reached his or her
40th birthday.
(c) "Employee" does not include any
individual employed by his or her parents,
spouse, or child, or any individual employed
under a special license in a nonprofit
sheltered workshop or rehabilitation facility.
(d) "Employer" includes any person
regularly employing five or more persons, or
any person acting as an agent of an employer,
directly or indirectly, the state or any political
or civil subdivision of the state, and cities,
except as follows:
"Employer" does not include a religious
association or corporation not organized for
private profit.
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73 Appendix H – GC 6700, 12926-12926.1, 12940
(e) "Employment agency" includes any
person undertaking for compensation to
procure employees or opportunities to work.
(f) "Essential functions" means the
fundamental job duties of the employment
position the individual with a disability holds
or desires. "Essential functions" does not
include the marginal functions of the position.
(1) A job function may be considered
essential for any of several reasons, including,
but not limited to, any one or more of the
following:
(A) The function may be essential because
the reason the position exists is to perform
that function.
(B) The function may be essential because of
the limited number of employees available
among whom the performance of that job
function can be distributed.
(C) The function may be highly specialized,
so that the incumbent in the position is hired
for his or her expertise or ability to perform
the particular function.
(2) Evidence of whether a particular
function is essential includes, but is not
limited to, the following:
(A) The employer's judgment as to which
functions are essential.
(B) Written job descriptions prepared
before advertising or interviewing applicants
for the job.
(C) The amount of time spent on the job
performing the function.
(D) The consequences of not requiring the
incumbent to perform the function.
(E) The terms of a collective bargaining
agreement.
(F) The work experiences of past
incumbents in the job.
(G) The current work experience of
incumbents in similar jobs.
(g) (1) "Genetic information" means, with
respect to any
individual, information about any of the
following:
(A) The individual's genetic tests.
(B) The genetic tests of family members of
the individual.
(C) The manifestation of a disease or
disorder in family members of the individual.
(2) "Genetic information" includes any
request for, or receipt of, genetic services, or
participation in clinical research that includes
genetic services, by an individual or any
family member of the individual.
(3) "Genetic information" does not include
information about the sex or age of any
individual.
(h) "Labor organization" includes any
organization that exists and is constituted for
the purpose, in whole or in part, of collective
bargaining or of dealing with employers
concerning grievances, terms or conditions of
employment, or of other mutual aid or
protection.
(i) "Medical condition" means either of the
following:
(1) Any health impairment related to or
associated with a diagnosis of cancer or a
record or history of cancer.
(2) Genetic characteristics. For purposes of
this section, "genetic characteristics" means
either of the following:
(A) Any scientifically or medically
identifiable gene or chromosome, or
combination or alteration thereof, that is
known to be a cause of a disease or disorder
in a person or his or her offspring, or that is
determined to be associated with a
statistically increased risk of development of a
disease or disorder, and that is presently not
associated with any symptoms of any disease
or disorder.
(B) Inherited characteristics that may derive
from the individual or family member, that
are known to be a cause of a disease or
disorder in a person or his or her offspring, or
that are determined to be associated with a
statistically increased risk of development of a
disease or disorder, and that are presently not
associated with any symptoms of any disease
or disorder.
(j) "Mental disability" includes, but is not
limited to, all of the following:
(1) Having any mental or psychological
disorder or condition, such as intellectual
disability, organic brain syndrome, emotional
or mental illness, or specific learning
disabilities, that limits a major life activity. For
purposes of this section:
(A) "Limits" shall be determined without
regard to mitigating measures, such as
medications, assistive devices, or reasonable
accommodations, unless the mitigating
measure itself limits a major life activity.
(B) A mental or psychological disorder or
condition limits a major life activity if it makes
the achievement of the major life activity
difficult.
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74 Appendix H – GC 6700, 12926-12926.1, 12940
(C) "Major life activities" shall be broadly
construed and shall include physical, mental,
and social activities and working.
(2) Any other mental or psychological
disorder or condition not described in
paragraph (1) that requires special education
or related services.
(3) Having a record or history of a mental or
psychological disorder or condition described
in paragraph (1) or (2), which is known to the
employer or other entity covered by this part.
(4) Being regarded or treated by the
employer or other entity covered by this part
as having, or having had, any mental condition
that makes achievement of a major life
activity difficult.
(5) Being regarded or treated by the
employer or other entity covered by this part
as having, or having had, a mental or
psychological disorder or condition that has
no present disabling effect, but that may
become a mental disability as described in
paragraph (1) or (2).
"Mental disability" does not include sexual
behavior disorders, compulsive gambling,
kleptomania, pyromania, or psychoactive
substance use disorders resulting from the
current unlawful use of controlled substances
or other drugs.
(k) "Military and veteran status" means a
member or veteran of the United States
Armed Forces, United States Armed Forces
Reserve, the United States National Guard,
and the California National Guard.
(l) "On the bases enumerated in this part"
means or refers to discrimination on the basis
of one or more of the following: race, religious
creed, color, national origin, ancestry, physical
disability, mental disability, medical
condition, genetic information, marital status,
sex, age, sexual orientation, or military and
veteran status.
(m) "Physical disability" includes, but is not
limited to, all of the following:
(1) Having any physiological disease,
disorder, condition, cosmetic disfigurement,
or anatomical loss that does both of the
following:
(A) Affects one or more of the following
body systems: neurological, immunological,
musculoskeletal, special sense organs,
respiratory, including speech organs,
cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and
endocrine.
(B) Limits a major life activity. For purposes
of this section:
(i) "Limits" shall be determined without
regard to mitigating measures such as
medications, assistive devices, prosthetics, or
reasonable accommodations, unless the
mitigating measure itself limits a major life
activity.
(ii) A physiological disease, disorder,
condition, cosmetic disfigurement, or
anatomical loss limits a major life activity if it
makes the achievement of the major life
activity difficult.
(iii) "Major life activities" shall be broadly
construed and includes physical, mental, and
social activities and working.
(2) Any other health impairment not
described in paragraph (1) that requires
special education or related services.
(3) Having a record or history of a disease,
disorder, condition, cosmetic disfigurement,
anatomical loss, or health impairment
described in paragraph (1) or (2), which is
known to the employer or other entity
covered by this part.
(4) Being regarded or treated by the
employer or other entity covered by this part
as having, or having had, any physical
condition that makes achievement of a major
life activity difficult.
(5) Being regarded or treated by the
employer or other entity covered by this part
as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical
loss, or health impairment that has no present
disabling effect but may become a physical
disability as described in paragraph (1) or (2).
(6) "Physical disability" does not include
sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or
psychoactive substance use disorders
resulting from the current unlawful use of
controlled substances or other drugs.
(n) Notwithstanding subdivisions (j) and
(m), if the definition of "disability" used in the
federal Americans with Disabilities Act of
1990 (Public Law 101-336) would result in
broader protection of the civil rights of
individuals with a mental disability or
physical disability, as defined in subdivision
(j) or (m), or would include any medical
condition not included within those
definitions, then that broader protection or
coverage shall be deemed incorporated by
reference into, and shall prevail over
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75 Appendix H – GC 6700, 12926-12926.1, 12940
conflicting provisions of, the definitions in
subdivisions (j) and (m).
(o) "Race, religious creed, color, national
origin, ancestry, physical disability, mental
disability, medical condition, genetic
information, marital status, sex, age, sexual
orientation, or military and veteran status"
includes a perception that the person has any
of those characteristics or that the person is
associated with a person who has, or is
perceived to have, any of those
characteristics.
(p) "Reasonable accommodation" may
include either of the following:
(1) Making existing facilities used by
employees readily accessible to, and usable
by, individuals with disabilities.
(2) Job restructuring, part-time or modified
work schedules, reassignment to a vacant
position, acquisition or modification of
equipment or devices, adjustment or
modifications of examinations, training
materials or policies, the provision of
qualified readers or interpreters, and other
similar accommodations for individuals with
disabilities.
(q) "Religious creed," "religion," "religious
observance," "religious belief," and "creed"
include all aspects of religious belief,
observance, and practice, including religious
dress and grooming practices. "Religious
dress practice" shall be construed broadly to
include the wearing or carrying of religious
clothing, head or face coverings, jewelry,
artifacts, and any other item that is part of the
observance by an individual of his or her
religious creed. "Religious grooming practice"
shall be construed broadly to include all forms
of head, facial, and body hair that are part of
the observance by an individual of his or her
religious creed.
(r) (1) "Sex" includes, but is not limited to,
the following:
(A) Pregnancy or medical conditions related
to pregnancy.
(B) Childbirth or medical conditions related
to childbirth.
(C) Breastfeeding or medical conditions
related to breastfeeding.
(2) "Sex" also includes, but is not limited to,
a person's gender. "Gender" means sex, and
includes a person's gender identity and
gender expression. "Gender expression"
means a person's gender-related appearance
and behavior whether or not stereotypically
associated with the person's assigned sex at
birth.
(s) "Sexual orientation" means
heterosexuality, homosexuality, and
bisexuality.
(t) "Supervisor" means any individual
having the authority, in the interest of the
employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or
discipline other employees, or the
responsibility to direct them, or to adjust their
grievances, or effectively to recommend that
action, if, in connection with the foregoing, the
exercise of that authority is not of a merely
routine or clerical nature, but requires the use
of independent judgment.
(u) "Undue hardship" means an action
requiring significant difficulty or expense,
when considered in light of the following
factors:
(1) The nature and cost of the
accommodation needed.
(2) The overall financial resources of the
facilities involved in the provision of the
reasonable accommodations, the number of
persons employed at the facility, and the
effect on expenses and resources or the
impact otherwise of these accommodations
upon the operation of the facility.
(3) The overall financial resources of the
covered entity, the overall size of the business
of a covered entity with respect to the number
of employees, and the number, type, and
location of its facilities.
(4) The type of operations, including the
composition, structure, and functions of the
workforce of the entity.
(5) The geographic separateness or
administrative or fiscal relationship of the
facility or facilities.
(v) "National origin" discrimination
includes, but is not limited to, discrimination
on the basis of possessing a driver's license
granted under Section 12801.9 of the Vehicle
Code.
12926.1. The Legislature finds and declares
as follows:
(a) The law of this state in the area of
disabilities provides protections independent
from those in the federal Americans with
Disabilities Act of 1990 (P.L. 101-336).

Although the federal act provides a floor of
protection, this state's law has always, even
1258
76 Appendix H – GC 6700, 12926-12926.1, 12940
prior to passage of the federal act, afforded
additional protections.
(b) The law of this state contains broad
definitions of physical disability, mental
disability, and medical condition. It is the
intent of the Legislature that the definitions of
physical disability and mental disability be
construed so that applicants and employees
are protected from discrimination due to an
actual or perceived physical or mental
impairment that is disabling, potentially
disabling, or perceived as disabling or
potentially disabling.
(c) Physical and mental disabilities include,
but are not limited to, chronic or episodic
conditions such as HIV/AIDS, hepatitis,
epilepsy, seizure disorder, diabetes, clinical
depression, bipolar disorder, multiple
sclerosis, and heart disease. In addition, the
Legislature has determined that the
definitions of "physical disability" and "mental
disability" under the law of this state require a
"limitation" upon a major life activity, but do
not require, as does the federal Americans
with Disabilities Act of 1990, a "substantial
limitation." This distinction is intended to
result in broader coverage under the law of
this state than under that federal act. Under
the law of this state, whether a condition
limits a major life activity shall be determined
without respect to any mitigating measures,
unless the mitigating measure itself limits a
major life activity, regardless of federal law
under the Americans with Disabilities Act of
1990. Further, under the law of this state,
"working" is a major life activity, regardless of
whether the actual or perceived working
limitation implicates a particular employment
or a class or broad range of employments.
(d) Notwithstanding any interpretation of
law in Cassista v. Community Foods (1993) 5
Cal.4th 1050, the Legislature intends (1) for
state law to be independent of the federal
Americans with Disabilities Act of 1990, (2) to
require a "limitation" rather than a
"substantial limitation" of a major life activity,
and (3) by enacting paragraph (4) of
subdivision (j) and paragraph (4) of
subdivision (l) of Section 12926, to provide
protection when an individual is erroneously
or mistakenly believed to have any physical or
mental condition that limits a major life
activity.
(e) The Legislature affirms the importance
of the interactive process between the
applicant or employee and the employer in
determining a reasonable accommodation, as
this requirement has been articulated by the
Equal Employment Opportunity Commission
in its interpretive guidance of the federal
Americans with Disabilities Act of 1990.

GOVERNMENT CODE
SECTION 12940
12940. It is an unlawful employment practice,
unless based upon a bona fide occupational
qualification, or, except where based upon
applicable security regulations established by
the United States or the State of California:
(a) For an employer, because of the race,
religious creed, color, national origin,
ancestry, physical disability, mental disability,
medical condition, genetic information,
marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or
military and veteran status of any person, to
refuse to hire or employ the person or to
refuse to select the person for a training
program leading to employment, or to bar or
to discharge the person from employment or
from a training program leading to
employment, or to discriminate against the
person in compensation or in terms,
conditions, or privileges of employment.
(1) This part does not prohibit an employer
from refusing to hire or discharging an
employee with a physical or mental disability,
or subject an employer to any legal liability
resulting from the refusal to employ or the
discharge of an employee with a physical or
mental disability, where the employee,
because of his or her physical or mental
disability, is unable to perform his or her
essential duties even with reasonable
accommodations, or cannot perform those
duties in a manner that would not endanger
his or her health or safety or the health or
safety of others even with reasonable
accommodations.
(2) This part does not prohibit an employer
from refusing to hire or discharging an
employee who, because of the employee's
medical condition, is unable to perform his or
her essential duties even with reasonable
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77 Appendix H – GC 6700, 12926-12926.1, 12940
accommodations, or cannot perform those
duties in a manner that would not endanger
the employee's health or safety or the health
or safety of others even with reasonable
accommodations. Nothing in this part shall
subject an employer to any legal liability
resulting from the refusal to employ or the
discharge of an employee who, because of the
employee's medical condition, is unable to
perform his or her essential duties, or cannot
perform those duties in a manner that would
not endanger the employee's health or safety
or the health or safety of others even with
reasonable accommodations.
(3) Nothing in this part relating to
discrimination on account of marital status
shall do either of the following:
(A) Affect the right of an employer to
reasonably regulate, for reasons of
supervision, safety, security, or morale, the
working of spouses in the same department,
division, or facility, consistent with the rules
and regulations adopted by the commission.
(B) Prohibit bona fide health plans from
providing additional or greater benefits to
employees with dependents than to those
employees without or with fewer dependents.
(4) Nothing in this part relating to
discrimination on account of sex shall affect
the right of an employer to use veteran status
as a factor in employee selection or to give
special consideration to Vietnam-era
veterans.
(5) (A) This part does not prohibit an
employer from refusing to employ an
individual because of his or her age if the law
compels or provides for that refusal.

Promotions within the existing staff, hiring or
promotion on the basis of experience and
training, rehiring on the basis of seniority and
prior service with the employer, or hiring
under an established recruiting program from
high schools, colleges, universities, or trade
schools do not, in and of themselves,
constitute unlawful employment practices.
(B) The provisions of this part relating to
discrimination on the basis of age do not
prohibit an employer from providing health
benefits or health care reimbursement plans
to retired persons that are altered, reduced, or
eliminated when the person becomes eligible
for Medicare health benefits. This
subparagraph applies to all retiree health
benefit plans and contractual provisions or
practices concerning retiree health benefits
and health care reimbursement plans in effect
on or after January 1, 2011.
(b) For a labor organization, because of the
race, religious creed, color, national origin,
ancestry, physical disability, mental disability,
medical condition, genetic information,
marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or
military and veteran status of any person, to
exclude, expel, or restrict from its
membership the person, or to provide only
second-class or segregated membership or to
discriminate against any person because of
the race, religious creed, color, national origin,
ancestry, physical disability, mental disability,
medical condition, genetic information,
marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or
military and veteran status of the person in
the election of officers of the labor
organization or in the selection of the labor
organization's staff or to discriminate in any
way against any of its members or against any
employer or against any person employed by
an employer.
(c) For any person to discriminate against
any person in the selection, termination,
training, or other terms or treatment of that
person in any apprenticeship training
program, any other training program leading
to employment, an unpaid internship, or
another limited duration program to provide
unpaid work experience for that person
because of the race, religious creed, color,
national origin, ancestry, physical disability,
mental disability, medical condition, genetic
information, marital status, sex, gender,
gender identity, gender expression, age,
sexual orientation, or military and veteran
status of the person discriminated against.
(d) For any employer or employment agency
to print or circulate or cause to be printed or
circulated any publication, or to make any
nonjob-related inquiry of an employee or
applicant, either verbal or through use of an
application form, that expresses, directly or
indirectly, any limitation, specification, or
discrimination as to race, religious creed,
color, national origin, ancestry, physical
disability, mental disability, medical
condition, genetic information, marital status,
sex, gender, gender identity, gender
expression, age, sexual orientation, or military
and veteran status, or any intent to make any
such limitation, specification, or
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78 Appendix H – GC 6700, 12926-12926.1, 12940
discrimination. This part does not prohibit an
employer or employment agency from
inquiring into the age of an applicant, or from
specifying age limitations, where the law
compels or provides for that action.
(e) (1) Except as provided in paragraph (2)
or (3), for any employer or employment
agency to require any medical or
psychological examination of an applicant, to
make any medical or psychological inquiry of
an applicant, to make any inquiry whether an
applicant has a mental disability or physical
disability or medical condition, or to make any
inquiry regarding the nature or severity of a
physical disability, mental disability, or
medical condition.
(2) Notwithstanding paragraph (1), an
employer or employment agency may inquire
into the ability of an applicant to perform jobrelated functions and may respond to an applicant's request for reasonable
accommodation.
(3) Notwithstanding paragraph (1), an
employer or employment agency may require
a medical or psychological examination or
make a medical or psychological inquiry of a
job applicant after an employment offer has
been made but prior to the commencement of
employment duties, provided that the
examination or inquiry is job related and
consistent with business necessity and that all
entering employees in the same job
classification are subject to the same
examination or inquiry.
(f) (1) Except as provided in paragraph (2),
for any employer or employment agency to
require any medical or psychological
examination of an employee, to make any
medical or psychological inquiry of an
employee, to make any inquiry whether an
employee has a mental disability, physical
disability, or medical condition, or to make
any inquiry regarding the nature or severity
of a physical disability, mental disability, or
medical condition.
(2) Notwithstanding paragraph (1), an
employer or employment agency may require
any examinations or inquiries that it can show
to be job related and consistent with business
necessity. An employer or employment
agency may conduct voluntary medical
examinations, including voluntary medical
histories, which are part of an employee
health program available to employees at that
worksite.
(g) For any employer, labor organization, or
employment agency to harass, discharge,
expel, or otherwise discriminate against any
person because the person has made a report
pursuant to Section 11161.8 of the Penal Code
that prohibits retaliation against hospital
employees who report suspected patient
abuse by health facilities or community care
facilities.
(h) For any employer, labor organization,
employment agency, or person to discharge,
expel, or otherwise discriminate against any
person because the person has opposed any
practices forbidden under this part or because
the person has filed a complaint, testified, or
assisted in any proceeding under this part.
(i) For any person to aid, abet, incite,
compel, or coerce the doing of any of the acts
forbidden under this part, or to attempt to do
so.
(j) (1) For an employer, labor organization,
employment agency, apprenticeship training
program or any training program leading to
employment, or any other person, because of
race, religious creed, color, national origin,
ancestry, physical disability, mental disability,
medical condition, genetic information,
marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or
military and veteran status, to harass an
employee, an applicant, an unpaid intern or
volunteer, or a person providing services
pursuant to a contract. Harassment of an
employee, an applicant, an unpaid intern or
volunteer, or a person providing services
pursuant to a contract by an employee, other
than an agent or supervisor, shall be unlawful
if the entity, or its agents or supervisors,
knows or should have known of this conduct
and fails to take immediate and appropriate
corrective action. An employer may also be
responsible for the acts of nonemployees,
with respect to sexual harassment of
employees, applicants, unpaid interns or
volunteers, or persons providing services
pursuant to a contract in the workplace,
where the employer, or its agents or
supervisors, knows or should have known of
the conduct and fails to take immediate and
appropriate corrective action. In reviewing
cases involving the acts of nonemployees, the
extent of the employer's control and any other
legal responsibility that the employer may
have with respect to the conduct of those
nonemployees shall be considered. An entity
1261
79 Appendix H – GC 6700, 12926-12926.1, 12940
shall take all reasonable steps to prevent
harassment from occurring. Loss of tangible
job benefits shall not be necessary in order to
establish harassment.
(2) The provisions of this subdivision are
declaratory of existing law, except for the new
duties imposed on employers with regard to
harassment.
(3) An employee of an entity subject to this
subdivision is personally liable for any
harassment prohibited by this section that is
perpetrated by the employee, regardless of
whether the employer or covered entity
knows or should have known of the conduct
and fails to take immediate and appropriate
corrective action.
(4) (A) For purposes of this subdivision only,
"employer" means any person regularly
employing one or more persons or regularly
receiving the services of one or more persons
providing services pursuant to a contract, or
any person acting as an agent of an employer,
directly or indirectly, the state, or any political
or civil subdivision of the state, and cities. The
definition of "employer" in subdivision (d) of
Section 12926 applies to all provisions of this
section other than this subdivision.
(B) Notwithstanding subparagraph (A), for
purposes of this subdivision, "employer" does
not include a religious association or
corporation not organized for private profit,
except as provided in Section 12926.2.
(C) For purposes of this subdivision,
"harassment" because of sex includes sexual
harassment, gender harassment, and
harassment based on pregnancy, childbirth, or
related medical conditions. Sexually harassing
conduct need not be motivated by sexual
desire.
(5) For purposes of this subdivision, "a
person providing services pursuant to a
contract" means a person who meets all of the
following criteria:
(A) The person has the right to control the
performance of the contract for services and
discretion as to the manner of performance.
(B) The person is customarily engaged in an
independently established business.
(C) The person has control over the time and
place the work is performed, supplies the
tools and instruments used in the work, and
performs work that requires a particular skill
not ordinarily used in the course of the
employer's work.
(k) For an employer, labor organization,
employment agency, apprenticeship training
program, or any training program leading to
employment, to fail to take all reasonable
steps necessary to prevent discrimination and
harassment from occurring.
(l) (1) For an employer or other entity
covered by this part to refuse to hire or
employ a person or to refuse to select a
person for a training program leading to
employment or to bar or to discharge a
person from employment or from a training
program leading to employment, or to
discriminate against a person in
compensation or in terms, conditions, or
privileges of employment because of a conflict
between the person's religious belief or
observance and any employment
requirement, unless the employer or other
entity covered by this part demonstrates that
it has explored any available reasonable
alternative means of accommodating the
religious belief or observance, including the
possibilities of excusing the person from those
duties that conflict with his or her religious
belief or observance or permitting those
duties to be performed at another time or by
another person, but is unable to reasonably
accommodate the religious belief or
observance without undue hardship, as
defined in subdivision (u) of Section 12926,
on the conduct of the business of the
employer or other entity covered by this part.

Visalia City CouncilJanuary 20, 2026

Visalia City Council
January 20, 2026