PROJECT MANUAL BISHOP OPERATIONS YARD SHADE CANOPY INSTALLATION PROJECT

Transcription

1 PROJECT MANUAL BISHOP OPERATIONS YARD SHADE CANOPY INSTALLATION PROJECT BISHOP, INYO COUNTY, CALIFORNIA CONTRACTING AGENCY: EASTERN SIERRA TRANSIT AUTHORITY (ESTA) DATE October 19, 2018 Bishop Operations Yard Shade Canopy Page 1 of 35 Cover

2 TABLE OF CONTENTS Notice to Bidder... 3 Bid Form... 5 Non-collusion Declaration... 8 Contractor s Certificate Regarding Worker s Compensation... 9 Proposed Equipment And Material Manufacturers Proposed Subcontractors Contractor Licenses Agreement SPECIAL PROVISIONS GENERAL BONDS INDEMNIFICATION/INSURANCE SCOPE OF WORK SUBMITTALS CONSTRUCTION STAKING TIME OF COMPLETION LIQUIDATED DAMAGES MEASUREMENT AND PAYMENT RESOLUTION OF CLAIMS AS BUILT RECORDS GENERAL SAFETY CHEMICALS EXHIBIT A - Prevailing Wage EXHIBIT B - Disclosures and Certifications TECHNICAL SPECIFICATIONS 35 Bishop Operations Yard Phase 1 Page 2 of 35 Notice to Bidders

3 NOTICE INVITING BIDS The Eastern Sierra Transit will receive sealed bids for the work shown on the plans entitled: Bishop Operations Yard Shade Canopy Installation Bids will be received at the Office of Eastern Sierra Transit Authority located at: 703b Airport Road Bishop, CA until 3:00PM on Monday November 5, 2018 at which time they will be publicly opened and read. Proposal forms and Contract Documents for this work are included in the specifications. GENERAL DESCRIPTION: The project is located at the Eastern Sierra Transit Authority (ESTA) facility at Eastern Sierra Regional Airport, 703 Airport Road. ESTA has procured the vinyl shade canopy from Big Top Equipment as well as two existing metal shipping containers. The project will include assemble the provided shade canopy and securing it to the existing shipping containers via manufacturers recommendations, including welds at key points. The work includes full compliance with all applicable laws, rules and regulations. The work shall be completed within the time set forth in the Contract. The contractor shall have a valid Class B Contractor license, a Drivers License, and a current Inyo County Business License and Business Tax Certificate and shall maintain all required licenses throughout the duration of the Contract. The Contractor shall demonstrate his/her qualifications by having adequate equipment in good working order, experience, and the ability to perform work. ESTA will be the sole judge as to the qualifications of each bidder. Eastern Sierra Transit Authority s located at 703b Airport Road, Bishop, CA Technical questions should be directed to Joe Rye at ESTA, telephone (760) x12 or jrye@estransit.com Oral clarifications are non-binding and any changes shall be issued by written addenda only. ESTA hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or membership in any other category protected under State or federal law, in consideration for an award. Bishop Operations Yard Phase 1 Page 3 of 35 Notice to Bidders

4 Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates for the work have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at ESTA s Bishop office. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions, which include but are not limited to the payment of not less than the required prevailing wage rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by ESTA to ensure performance under the Contract. The Contract will be awarded to the responsible bidder submitting the lowest responsive bid on the base bid alone. ESTA reserves the right to waive any informality or irregularity in a bid. ESTA reserves the right to reject any and/or all bids, or to utilize the procedures authorized by the Public Contract Code Sections and Submission of a bid shall be deemed conclusive evidence that the bidder has thoroughly examined the plans, specifications and the site of all work and the bid takes all costs into account. Each bid shall remain good for ninety (90) days after bid opening. The Contractor shall procure all required permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. ESTA reserves the right to reject any and all proposals and to waive any formalities in the proposal. Project Timetable: October 19, 2018 November 5, 2018, 3:00 pm November 6, 2018 November 20, 2018 January 31, 2019 Issue Construction Invitation to Bid Closing Date for Receipt of Construction Bids/Proposals Construction Contract Award Construction Start Project End Bishop Operations Yard Phase 1 Page 4 of 35 Notice to Bidders

5 Bid Form Proposal to ESTA for the construction of BISHOP OPERATIONS YARD PHASE 1 Bidder Information: Name: Address: Phone: To the Eastern Sierra Transit Authority: Pursuant to and in compliance with your Notice to Bidders inviting sealed proposals (bids) and the other documents relating thereto, the undersigned bidder, being fully familiar with the terms of the contract documents, local conditions affecting the performance of the contract, the character, quality, quantities, and scope of work, and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated in the contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workman like manner, all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including Addenda,,, and, for the prices hereinafter set forth. The bidder, under penalty of perjury, certifies that, except as noted on an attached page, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions on an attached page. The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein and that this proposal is made without collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with ESTA in the form set forth in the contract documents and that he will accept in full payment thereof the unit prices on the following pages. Bishop Operations Yard Phase 1 Page 5 of 35 Notice to Bidders

6 BID FORM PROJECT Schedule A All-Inclusive Project Construction Bid: Item No. Description QTY Unit Unit Price Total Amount 1 Complete Construction, including Mobilization, Insurances, Labor, and All-inclusive Costs 1 LS Schedule A Complete Project Construction Bid Subtotal: Schedule Summary Schedule A Complete Project, Includes Mobilization, Construction, Labor, all-inclusive contractor bid cost Total Base Bid Bishop Operations Yard Phase 1 Page 6 of 35 Notice to Bidders

7 In the event the total amount for an individual bid item does not agree with the product of the estimated quantity and unit price bid for that item, the unit price stated for the individual item shall govern and the incorrect total amount for that item shall be corrected. In the event the Total Bid does not agree with the sum of the total amounts bid for the respective bid items, the total amounts for the respective bid items shall govern and the incorrect Total Bid shall be corrected. Unit prices for all items, extensions and total amount of bid must be shown. The proposal submitted shall be in effect for 90 days after the opening of bids. Accompanying this proposal is a deposit in the form of a (Insert words "certified check", "cashier's check", "bid bond", "cash", or appropriate description of substitute security, as the case may be) in the amount of $ which amount is not less than 10% of the total bid, payable to ESTA. The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to ESTA in case this proposal is accepted by ESTA and the undersigned fails to execute a contract with ESTA as specified in the contract documents or fails to furnish the required payment and performance bonds, or substitute, and insurance certificates and endorsements. Should ESTA be required to engage the services of an attorney in connection with the enforcement of this bid, bidder promises to pay ESTA s reasonable attorneys fees, incurred with or without suit. The names of all persons interested in the foregoing proposals as principals are as follows. If bidder is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a general partnership, state true name of firm, also names of all individual partners composing firm; if a limited partnership, the names of all general partners and limited partners; if an individual, state first and last names in full; if the bidder is a joint venture, state the complete name of each party. Authorized Bidder Representative: Name (typed or printed): (SEAL) By: (Individual s signature attach evidence of authority to sign) Title: Bishop Operations Yard Phase 1 Page 7 of 35 Notice to Bidders

8 Non-collusion Declaration The undersigned declares: I am the of, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. 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. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Date at City, State Signature Printed Name PROJECT Page 8 of 35 Non-collusion Declaration

9 Contractor s Certificate Regarding Worker s Compensation Description of Contract: Bishop Operations Yard Shade Canopy Labor Code Section 3700 Provides (in part): Every employer except the State shall secure the payment of compensation in one or more of the following ways: A. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. B. By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Dated: (Contractor) By (Official Title) PROJECT Page 9 of 35 Workers Compensation Certificate

10 Proposed Equipment And Material Manufacturers Awarding of a contract will not imply approval by ESTA of the manufacturers or suppliers proposed by the Contractor. The proposed equipment and materials to be incorporated in the work, their manufacturers, and suppliers are: PROJECT Page 10 of 35 Proposed Equipment and Material

11 Proposed Subcontractors As required by Section of the Public Contract Code, the Contractor shall list the subcontractors proposed for this project. No substitution will be permitted after award of contract except upon written approval of the ESTA. The proposed subcontractors on this project are listed below. Description of % of Name of Subcontractor Location of Mill Work Bid Subcontractor License Number Shop, or Office PROJECT Page 11 of 35 Contractor Licenses

12 Contractor Licenses The Contractor s license classifications required for this project are as follows: Class B Contractor License These classifications are provided for information purposes only. The Engineer does not warrant that all classifications required for the project are listed. It is ESTA s intent that plans, as used in Public Contract Code Section 3300, is defined as the construction contract documents, which include both drawings and specifications. The contractor hereby confirms that it has all licenses and permits required by federal, state, and local statutes, regulations, and ordinances. The following are the Contractor s applicable license numbers: Contractor s License Number Expiration Date I state under penalty of perjury that all information submitted by me and included in this contract is true and correct. Signature of Bidder: Dated: PROJECT Page 12 of 35 Contractor Licenses

13 Agreement THIS AGREEMENT, made and entered into by and between the Eastern Sierra Transit Authority hereinafter referred to as ESTA and a corporation under the laws of the state of ; ESTA and CONTRACTOR agree as follows: hereinafter referred to as CONTRACTOR. 1. SCOPE OF WORK: Contractor shall furnish all materials and shall perform all of the work for the construction of the Bishop Operations Yard Shade Canopy in accordance with this agreement and the other contract documents. 2. TIME FOR COMPLETION: The work shall be completed within the times set forth in the contract documents. Time is of the essence and forfeiture due to delay will be assessed as provided for in the contract documents. 3. CONTRACT SUM: ESTA will pay CONTRACTOR as described in the Contractor bid and other contract documents. 4. PAYMENTS: Payment will be made in accordance with the contract documents. The filing of the notice of completion by ESTA shall be preceded by acceptance of the work. 5. COMPLIANCE WITH PUBLIC CONTRACTS LAW: ESTA is a public joint powers authority in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by CONTRACTOR. 6. CONTRACT DOCUMENTS: The complete contract includes all of these documents: Notice to Bidders Bid Form Agreement Performance Bond PROJECT Page 13 of 35 Agreement

14 Payment Bond Worker s Compensation Certificate Prevailing Wage Provisions Special Provisions Technical Specifications Project Plans and Specifications Caltrans Standard Provisions Other referenced documents This Agreement is executed by ESTA pursuant to an action of its Governing Body in session on, authorizing the same, and CONTRACTOR has caused this Agreement to be duly executed. Dated: By ESTA, Executive Director Dated: By (Contractor) Title: APPROVED AS TO FORM: ESTA Counsel PROJECT Page 14 of 35 Agreement

15 Bishop Operations Yard Phase 1 Page 15 of 35 Payment Bond

16 SPECIAL PROVISIONS 1. GENERAL Unless otherwise stated, the work embraced herein shall be done in accordance with the 2010 Caltrans Standard Specifications (CSS). In the event of conflict between these Special Provisions, the project plans, the CSS, the order of precedence shall be the Special Provisions over the project plans over the CSS. 2. BONDS The Contractor, simultaneously with the execution of the contract, shall furnish a payment bond and a performance bond each in an amount equal to 100 percent of the contract amount, or equivalent cash or security in lieu of bonds pursuant to Section of the Code of Civil Procedure. Bonds shall be furnished by surety companies satisfactory to ESTA on the forms furnished as part of the contract documents. Surety companies, to be acceptable to ESTA, must be authorized to do business, have an agent for service of process in California, and be an admitted surety insurer within the state. 3. INDEMNIFICATION/INSURANCE Contractor shall indemnify, defend with legal counsel approved by ESTA, and hold harmless ESTA, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of ESTA. Should conflict of interest principles preclude a single legal counsel from representing both ESTA and Contractor, or should ESTA otherwise find Contractor s legal counsel unacceptable, then Contractor shall reimburse ESTA its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the ESTA (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Bishop Operations Yard Phase 1 Page 16 of 35

17 Contractor s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of ESTA under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless ESTA for liability attributable to the active negligence of ESTA, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where ESTA is shown to have been actively negligent and where ESTA s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of ESTA. INSURANCE Workers Compensation Insurance, Employers Liability Insurance, and Liability Insurance shall be maintained in effect for the full guarantee period. Certificates of insurance and endorsements shall be provided for each policy. Insurers must be authorized to do business and have an agent for service of process in California and have an A- (or higher) policyholder s rating and a financial rating of at least Class VII (or larger) in accordance with the most current Best s Rating. Without limiting Contractor s indemnification of ESTA, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to ESTA. General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the Bishop Operations Yard Phase 1 Page 17 of 35

18 primary coverages set forth above, including commercial general liability and employer s liability Such policy or policies shall include the following terms and conditions: A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall follow form to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers compensation insurance. Contractor shall maintain Workers Compensation Insurance (Statutory Limits) and Employer s Liability Insurance (with limits of at least $1,000,000) for Contractor s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employer s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor s employees. Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers. Builder s risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder s risk insurance as specified below. The named insureds shall be Contractor, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, and Agency and its officers, officials, employees, and agents. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sublimits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits. Bishop Operations Yard Phase 1 Page 18 of 35

19 OTHER PROVISIONS OR REQUIREMENTS Proof of insurance. Contractor shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers compensation. Insurance certificates and endorsement must be approved by Agency s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies. Agency s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best s Key Rating Guide, unless otherwise approved by the Agency s risk manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of noncompliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder. Bishop Operations Yard Phase 1 Page 19 of 35

20 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. Agency s right to revise requirements. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Agency. Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 4. SCOPE OF WORK The scope of the work shall consist of the assembly and securement of a Big Top Vinyl Shade Canopy (provided by ESTA) at ESTA s Bishop transit operations yard at the Bishop Airport. The canopy is at the assembly site and ready for installation. Canopy assembly instructions are and specifications are attached herein and marked as Technical Bishop Operations Yard Phase 1 Page 20 of 35

21 Specifications. Contractor shall provide all tools and any minor fastening equipment that might be needed to complete the assembly and securement of the Big Top Shade Canopy to the existing ESTA Shipping Containers and the bus yard pavement 5. PRE-CONSTRUCTION CONFERENCE Prior to issuance to the Notice to Proceed, ESTA will hold a pre-construction conference for the purpose of discussing essential matters pertaining to the pursuit of the satisfactory completion of the project. The Contractor s representatives at this conference shall include all major superintendents for the work and may include subcontractors. 6. SUBMITTALS The Contractor shall submit the following information to ESTA seven (7) working days prior to beginning of work for review and approval. A schedule of work. A health and safety plan. 7. CONSTRUCTION STAKING The Contractor shall request staking by notifying the Project Manager at least 7 working days before the staking will be required. The cost of all re-staking shall be paid by the contractor. Construction staking will be provided for storm drain at curb inlets, manholes and flared end sections. Construction staking for curb and gutter will be provided at 25 foot intervals. 8. TIME OF COMPLETION The Contractor shall have 73 calendar days to complete the work. 9. LIQUIDATED DAMAGES Liquidated damages shall be $1000 per day for each day the project is not completed beginning seventy-four (74) days after construction commences. 10. MEASUREMENT AND PAYMENT All work will be measured and paid for as shown on the bid form and the contract documents. Item quantities shall be measured by planned, actual, or lump sum in accordance with these special provisions. Item quantities to be measured for payment by planned quantities shall be based on theoretical or calculated quantities of completed work based on the plans. Item quantities to be measured for payment by actual quantities shall be determined by measurement of completed work. The price paid for bid items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Bishop Operations Yard Phase 1 Page 21 of 35

22 completing those items of work complete in place in accordance with the contract documents. When the contract does not include a contract pay item for work required by the contract, full compensation for that work is included in the prices paid for the contract pay items included in the contract. A request for payment shall be submitted by the Contractor each month and upon completion of all work for approval and payment by ESTA. ESTA shall retain ten (10) percent of the estimated value of the work done and ten (10) percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after twenty (20) percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, ESTA may reduce the total amount being retained from payment pursuant to the above requirements to five (5) percent of the estimated value of the work and materials and may also reduce the amount retained from any of the remaining partial payments to five (5) percent of the estimated value of the work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, ESTA may reduce the amount withheld from payment pursuant to the requirements of this section to such lesser amount as ESTA determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will that amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. In accordance with Section of the Public Contract Code, Contractor may substitute securities for any moneys withheld by the County to ensure performance under this Agreement or request the County to make payments of the retention earnings directly to an escrow agent at Contractor s expense. Attention is directed to the provisions in Sections and of the Public Contract Code concerning prompt payment to subcontractors. 11. RESOLUTION OF CLAIMS All public works claims between the Contractor and ESTA relating to this contract where the total claims of both parties are equal or less than $375,000 shall be resolved in accordance with Public Contract Sections et seq., which are incorporated herein by reference. Any claim in excess of $375,000 shall be resolved in accordance with applicable laws and neither party waives any rights or remedies provided pursuant thereto. There shall be no claims for labor compliance issues. Bishop Operations Yard Phase 1 Page 22 of 35

23 12. AS BUILT RECORDS The Contractor shall furnish as-built information of the project. The information shall include all cases where actual field construction differs from the designed information. All concealed work, including but not limited to all utility locations shall be referenced. Dimensions shall be shown from easily identifiable and durable reference points. 13. GENERAL SAFETY Contractor shall transmit to ESTA copies of reports and other documents related to accidents and injuries encountered during this work. Where there is conflict between applicable safety orders, laws and regulations and policies, the more stringent measures shall apply. 14. CHEMICALS The Contractor shall provide two copies of Material Safety Data Sheets to ESTA for all chemicals used during this project at least three days prior to bringing them on site. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. If the Contractor encounters hazardous substances during this work, he shall immediately notify ESTA and the County Environmental Services Office. Hazardous substances shall be disposed of in accordance with the requirements of Inyo County Department of Environmental Health. Bishop Operations Yard Phase 1 Page 23 of 35

24 EXHIBIT A AGREEMENT BETWEEN EASTERN SIERRA TRANSIT AUTHORITY AND [ ] FOR THE PROVISION OF CONSTRUCTION SERVICES A. Determination. PREVAILING WAGES AS OF: [DATE] The services and work to be provided by Contractor under this Agreement constitute a public work within the meaning of California Labor Code Sections 1720 and Accordingly, and as required by Section 1771 of the California Labor Code, Contractor and any subcontractor under him, shall pay not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holiday and overtime work, to all workers employed in the execution of those services and work requested by the County as described in Attachment A of this Agreement that constitute a public work. California Labor Code Section 1771 is incorporated herein by this reference, and a copy of that Section is included at the end of this Exhibit. B. Prevailing Wage Rate. The general prevailing rate of per diem wages applicable to each class of worker employed in the execution of those services and work that constitute a public work under this Agreement has been determined by the Director of the California Department of Industrial Relations (hereinafter referred to as Director ). Copies of the Director s determination are on file at the Mono County Department of Public Works office, 74 North School Street, Bridgeport, California, and are available to any interested party upon request. C. Apprentices. Pursuant to Section of the California Labor Code, properly registered apprentices performing services and work that constitute a public work, if any, shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. California Labor Code Section is incorporated herein by this reference, and a copy of that section is included at the end of this Exhibit. D. Penalty for Non-Payment of Prevailing Wages. Pursuant to Section 1775 of the California Labor Code, Contractor, and any subcontractor under him, shall, as a penalty to the County, forfeit not more than fifty dollars ($50.00) for each calendar day, or portion thereof, for each worker paid less than the general rate of per diem wages for the performance of services and work that constitute a public work, as determined by the Director, for the work or craft for which the worker is employed in the performance of services and work provided under this Agreement that constitute a public work, except as provided by subdivision (b) of Section 1775 of the California Bishop Operations Yard Phase 1 Page 24 of 35

25 Labor Code. California Labor Code Section 1775 is incorporated herein by this reference, and a copy of that section is included at the end of this Exhibit. E. Payroll Records. Pursuant to Section 1776 of the California Labor Code, Contractor, and any subcontractor under him, 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 performance of the services and work requested by the County, as described in the Scope of Work of this Agreement. F. Inspection of Payroll Records. Contractor, and any subcontractor under him, shall comply with each of the additional requirements set forth in California Labor Code Section 1776, regarding: (1) the form of records; (2) the provision of records upon request to the County, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the California Department of Industrial Relations; and, (3) the inspection of records by the public. California Labor Code Section 1776 is incorporated herein by this reference, and a copy of that section is included at the end of this Exhibit. G. Posting of Prevailing Wages at Job Site. Pursuant to California Labor Code Section , Contractor shall post at each job site in connection with this Agreement a copy of the Director s determination of the general prevailing rate of per diem wages for each classification of worker required in the execution of those services and work requested by the County, as described in the Scope of Work (Attachment A) of this Agreement that constitute a public work. H. Hours. Pursuant to Section 1810 of the California Labor Code, the time of service of any worker employed by Contractor, or by any subcontractor under him, in the performance of services and work requested by the County, as described in the Scope of Work (Attachment A) of this Agreement that constitute a public work, is limited and restricted to eight hours during any one calendar day, and 40 hours during any one calendar week, except as otherwise provided by the California Labor Code. I. Overtime. Pursuant to California Labor Code Section 1815, the performance of services and work, as described in the Scope of Work (Attachment A) of this Agreement that constitute a public work by employees of Contractor, or employees of any subcontractor under him, in excess of eight hours per calendar day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight hours per calendar day at not less than one and one-half (1½) times the basic rate of pay. California Labor Code Section 1815 is incorporated herein by this reference, and a copy of that section is included at the end of this Exhibit. J. Records of Hours. Bishop Operations Yard Phase 1 Page 25 of 35

26 Contractor, and any subcontractors under him, 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 performance of the services and work requested by the County that constitute a public work, as described in the Scope of Work (Attachment A) of this Agreement. The record shall be kept open at all reasonable hours to the inspection of the County and to the Division of Labor Standards Enforcement as required by Labor Code Section K. Penalty for Violation of Work Hours. Pursuant to California Labor Code Section 1813, Contractor, and any subcontractors under him, shall, as a penalty to the County, forfeit twenty-five dollars ($25.00) for each worker employed by the respective contractor or subcontractor in the execution of the services and work requested by the County that constitute a public work, as described in the Scope of Work (Attachment A) of this Agreement, for each calendar day during which the worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the California Labor Code. California Labor Code Section 1813 is incorporated herein by this reference, and a copy of that section is included at the end of this Exhibit. CALIFORNIA LABOR CODE: Sections 1771, 1775, 1776, , 1813, and Payment of general prevailing rate 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 Penalties for violations (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. Bishop Operations Yard Phase 1 Page 26 of 35

27 (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) (B) (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. The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section (C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. (E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements: (1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, , 1813, and Bishop Operations Yard Phase 1 Page 27 of 35

28 (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 (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 Payroll records; retention; noncompliance; penalties; rules and regulations (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided Bishop Operations Yard Phase 1 Page 28 of 35

29 the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual s name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney s fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 Bishop Operations Yard Phase 1 Page 29 of 35

30 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 Employment of apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions (a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each 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. Bishop Operations Yard Phase 1 Page 30 of 35

31 (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program s standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: (1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. Bishop Operations Yard Phase 1 Page 31 of 35

32 (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 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) All decisions of an apprenticeship program under this section are subject to Section Forfeiture for violations; contract stipulation; report of violations Bishop Operations Yard Phase 1 Page 32 of 35

33 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 Overtime 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. Bishop Operations Yard Phase 1 Page 33 of 35

34 EASTERN SIERRA TRANSIT AUTHORITY EXHIBIT B DISCLOSURES AND CERTIFICATIONS QUESTIONNAIRE A Under penalty of perjury, and in accordance with Public Contract Code Section 10162, the Bidder shall complete the following questionnaire: Has the Bidder, or any officer or employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes: No: If the answer is yes, please explain the circumstances in the space provided below and/or attach separate sheet(s) as necessary, with signature affixed. QUESTIONNAIRE B Under penalty of perjury, the Bidder shall complete the following questionnaire: Within the past three years, has the Bidder, or any officer or employee of the Bidder who has a proprietary interest in the Bidder, ever been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any federal or state antitrust law in connection with the bidding upon, award of, or performance of, any Public Works Contract, as defined in Section 1101, with any public entity as defined in Section 1100 of the California Public Contract Code, the Regents of the University of California or the Trustees of the California State University? Yes: No: If the answer is yes, please explain the circumstances in the space provided below and/or attach separate sheet(s) as necessary, with signature affixed. Note: These disclosures and certifications constitute a part of the proposal, and signature on the signature portion of the proposal constitutes signature on this questionnaire. Bishop Operations Yard Phase 1 Page 34 of 35

35 Technical Specifications Pages Bishop Operations Yard Phase 1 Page 35 of 35

36 STRUCTURAL ENGINEERING CALCULATIONS PROJECT: 27x39.5x9 Eastern Sierra Transit PROJECT LOCATION: 703 Airport Rd, Bishop, CA PSE PROJECT NUMBER: Big Top DATE: 07/17/2017 BY: Nabil Taha, Ph.D., P.E. 250-A Main Street ph. (541) Klamath Falls, OR Web: fax (541)

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48 Table of Contents: Subject: Page: 1- References / Software: Design Criteria: Truss Analysis & Design: , A Main Street info@structure1.com ph. (541) Klamath Falls, OR Web: fax (541)

49 10 References: 1- Literature: 2016 California State Building Code and as amended by the local jurisdiction of the City of Bishop CA based on 2015 International Building Code (IBC), Software: a. RISA 3D Version 15.0, RISA Technologies, Dimension Dr. Suite 200, CA 250-A Main Street ph. (541) Klamath Falls, OR Web: fax (541)

50 100 Design Criteria: 1. -Wind: Ultimate wind speed 100 mph (3 s. gust) Exposure C lw 1 2. Roof live load 5 psf 3. Snow, Ground: 50 psf ground Flat roof 33.6 psf ground 4. Gravity Loads: Self weight of the truss and the fabric. 5. Assumed allowable soil bearing capacity 1,500 psf **Other criteria assumed as stated in design calculations. 250-A Main Street info@structure1.com ph. (541) Klamath Falls, OR Web: fax (541)

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54 1000 TRUSS ANALYSIS & DESIGN: Pages 1,000-1, A Main Street ph. (541) Klamath Falls, OR Web: fax (541)

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