California Uniform Public
Construction Cost Accounting Act
(CUPCCAA)
Table of Contents
INTRODUCTION ........................................................................................................................................................2
WHAT IS CUPCCAA? ............................................................................................................................................2
BENEFITS OF CUPCCAA .....................................................................................................................................2
TRADITIONAL BIDDING VS. MCC IMPLEMENTED CUPCCAA ............................................................................3
ADOPTION OF CUPCCAA PROCEDURES .............................................................................................................4
INFORMAL ESTIMATE PROCEDURES ...................................................................................................................5
PREQUALIFIED CONTRACTORS LIST ...............................................................................................................5
PROJECTS FROM $0 - $25,000 ...........................................................................................................................5
PROJECTS FROM $25,001 - $45,000 ..................................................................................................................5
PROJECTS FROM $45,001 - $175,000 ................................................................................................................6
PROJECTS FROM $175,001+ ..............................................................................................................................6
SAMPLES OF ............................................................................................................................................................7
REQUIRED DOCUMENTS ........................................................................................................................................7
PUBLIC WORKS AGREEMENT FOR PROJECTS BETWEEN $0 AND $25,000 ................................................8
PUBLIC WORKS AGREEMENT FOR PROJECTS BETWEEN $25,001 AND $45,000 .................................... 15
CAPITAL FUNDING REQUEST FUNDING REQUEST FORM .......................................................................... 22
PUBLIC WORKS AGREEMENT FOR PROJECTS BETWEEN $45,001 AND $175,00 .................................... 23
GOVERNING BOARD RESOLUTIONS ................................................................................................................. 30
APPENDIX A - APPLICABLE PUBLIC CONTRACT CODE ................................................................................. 35
PUBLIC CONTRACT CODE SECTION 22000-22045 ....................................................................................... 36
APPENDIX B - CSLB DESCRIPTION OF CLASSIFICATIONS ........................................................................... 42
Page 1
Introduction
The primary goal of the formal bid process is to facilitate competition from a broad group of potential
vendors / contractors. Some of the typical steps of a formal bid process includes: developing a scope
of work, advertising, clarify the scope of work through addendums when needed, bid opening and
award. All this is done before the project can be started. The processing time from preparation of the
legal advertisement to award of bid is approximately four (4) to six (6) weeks.
In order to reduce the time to commence a project the California Uniform Public Construction Cost
Accounting Act (CUPCCAA) was enacted.
What is CUPCCAA?
This program was created in 1983 to provide public agencies an option to take action toward utilizing
higher bid limits and to enhance the agency’s ability to perform the public works project with force labor.
Note? The act is enacted under Public Contracts Code Section 22000 through 22045 (hereafter
abbreviated as PCC 22000-22045).
Here is a summary of the effective bid limitations:




Public projects of forty-five thousand dollars ($45,000) or less may be performed by the
employees of a public agency, by negotiated contract or by purchase order.
Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be
contracted by informal bid procedures.
If all bids received are in excess of one hundred seventy-five thousand dollars ($175,000) the
governing body of the public agency may by adoption of a resolution by a four-fifths vote, award
the contract at one hundred eighty-seven thousand five hundred dollars ($187,500), or less, to
the lowest responsible bidder if it determines the cost estimate of the public agency was
reasonable.
Public projects of more than one hundred seventy-five thousand dollars ($175,000) shall
contract by formal bidding procedures.
Benefits of CUPCCAA
1. Projects start sooner as a result of an expedited award process.
2. Opportunity to complete projects earlier.
3. Simplify project administration with enhanced procedures (authorization to public bid and
advertising, vendor prequalification and informal bidding).
4. Minimal changes to established procedures.
5. More effective contractor handling through pre-qualification.
Page 2
Traditional Bidding vs. MCC Implemented
CUPCCAA
Pre-qualification
of Contractors
Program
Adoption
Bid Limit(s)
Advertising
Traditional Bidding
Optional
MCC Adopted CUPCCAA
Yes
None
Yes
$15,000
 $0-25,000 – Any vendor from the
prequalified vendor pool can be
chosen.
 $25,001 - $45,000 – Any vendor from
the prequalified vendor pool can be
chosen and Payment and
Performance Bonds are required.
 $25,001 - $125,000 – Informal
estimate procedure using prequalified
vendor pool.
 $125,001+ - Must be formally bid.
 Minimum once a year to establish
pre-qualification for jobs under
$125,000.
 All jobs over $125,000
Jobs will negotiated by contract from
the prequalified vendor pool at the
discretion of the Facilities Department.
With every bid
Projects from $0 -  Jobs from $0 - $15,000 may
$25,000
be negotiated by contract or
purchase order.
 Jobs $15,000+ must be
formally bid.
Projects from
 Jobs from $0 - $15,000 may
 Jobs will negotiated by contract from
$25,001 - $45,000
be negotiated by contract or
the prequalified vendor pool at the
purchase order.
discretion of the Facilities
Department.
 Jobs $15,000+ must be
formally bid.
 Jobs require Payment and
Performance Bonds.
Projects from
Jobs $15,000+ must be
 All pre-qualified Contractors in a
$45,001 formally bid.
particular trade are notified via e-mail
$175,000
or fax in of the project scope of work
for an opportunity to provide an
estimate.
 Job may be formally bid, if it is
determined to be in the best interest
of the District.
Projects from
Jobs $15,000+ must be
All jobs $175,000+ must be formally
$175,001+
formally bid.
bid.
Payment and
Projects greater than $25,000+ Projects greater than $25,000+
Performance
Bond
Page 3
Adoption of CUPCCAA Procedures
1. Notification to the San Diego County Office of Education of MiraCosta College’s intent to adopt
the CUPCCAA program.
2. Adoption of a formal resolution by the MiraCosta College Board of Trustee’s electing to be
governed by the Act.
3. Adoption of an Informal Estimate Procedures by the MiraCosta College Board of Trustee’s.
4. Notify the State Controller in writing of the election and file a copy of the Resolution with the
State Controller.
Page 4
Informal Estimate Procedures
Prequalified Contractors List
The MiraCosta Community College District shall create and maintain a list of prequalified Contractors
for all transactions between zero ($0) and one hundred twenty-five thousand dollars ($125,000) in the
following manner.
1. Annually in November, the Purchasing & Material Management Department shall create and
maintain a list of Prequalified Contractors as follows.
a. A written notice shall be published in all construction journals specified by the
commission as well as any other locations that the Purchasing & Material Management
Department deems appropriate. At least one of the trade journals must be chosen for
publication from either the local area trade journals or from the local builders exchange
publications.
b. The District’s publication shall invite all licensed contractors to submit their name to
Purchasing & Material Management.
c. The Purchasing & Material Management Department will review contractors that meet
predetermined State and District acceptance criteria for inclusion on the list of qualified
bidders for each calendar year.
d. This list of contractors will be identified according to categories of work.
2. At the completion of the calendar year, the list will be deemed completed, and a new list will be
prepared in the same manner to begin on January 1st of the next calendar year.
3. Contractors may at any time during a calendar year request to be added to the list of
prequalified contractors.
Projects from $0 - $25,000
For all jobs from zero ($0) and twenty-five thousand dollars ($25,000) the MiraCosta Community
College District shall utilize the following procedures.
1. The Facilities Department will have the discretion to select from the list of prequalified
contractors, any contractor they deem to be in the best interest of the District and have a written
quote submitted from them.
2. Upon selection of the contractor as well as the submission of their quote, the Facilities
Department will have the contractor sign the “Public Works Agreement for Projects Between $0
and $25,000.”
3. Facilities will then submit to Purchasing & Material Management a requisition with the
prequalified contractors quote and the signed “Public Works Agreement for Projects Between $0
and $25,000.”
4. Purchasing & Material Management will then process the requisition into a purchase order and
return a copy of that purchase order with a copy of the fully executed “Public Works Agreement
for Projects Between $0 and $25,000” to the contractor.
Projects from $25,001 - $45,000
For all jobs from twenty-five thousand and one dollars ($25,001) through forty-five thousand dollars
($45,000) the MiraCosta Community College District shall utilize the following procedures.
1. The Facilities Department will have the discretion to select from the list of prequalified
contractors, any contractor they deem to be in the best interest of the District and have a written
quote submitted from them.
Page 5
2. Upon selection of the contractor as well as the submission of their quote, the Facilities
Department will have the contractor sign the “Public Works Agreement for Projects Between
$25,001 and $45,000.”
3. Facilities will then submit to Purchasing & Material Management a requisition with the
prequalified contractors quote, the required Payment and Performance Bonds and the signed
“Public Works Agreement for Projects Between $25,001 and $45,000.”
4. Purchasing & Material Management will then process the requisition into a purchase order and
return a copy of that purchase order with a copy of the fully executed “Public Works Agreement
for Projects Between $25,001 and $45,000” to the contractor.
Projects from $45,001 - $175,000
For all jobs from forty-five thousand and one dollars ($45,001) through one hundred and seventy-five
thousand dollars ($175,000) the MiraCosta Community College District shall utilize the following
“Informal Estimate” procedures.
1. Facilites will complete the “MiraCosta College Capital Funding Request Form” and gather all
plans and specifications for submission to the Purchasing & Material Management Department.
2. The Purchasing & Material Management Department will issue a notice to all pre-qualified
contractors inviting them to provide estimates by the specified date and time as follows:
a. Only those pre-qualified vendors within the applicable trades will be notified.
b. All projects will be assigned a “Job #” that is unique to that project.
c. The lowest submitted estimate shall be awarded the job by the District.
d. Upon award, the contractor will be required to complete the “Public Works Agreement for
Projects between $45,001 and $175,000.”
e. Upon award, the contractor will be required to submit Payment and Performance Bonds.
f. Once all required documents have been received, Purchasing & Material Management
shall return to the contractor a fully executed copy of the agreement along with the
Purchase Order. This combination of documents will be considered the Notice to
Proceed, contingent upon direction by the Facilities Department.
Projects from $175,001+
For all jobs from one hundred twenty-five thousand and one dollar ($175,001) and over, the District
shall use the Formal Bidding Process as specified in the California Education Code and Public Contract
Code.
Page 6
California Uniform Public
Construction Cost Accounting Act
(CUPCCAA)
Samples of
Required Documents
Page 7
PUBLIC WORKS AGREEMENT
FOR PROJECTS BETWEEN $0 AND $25,000
THIS CONTRACT is made and entered into on
, by and between the contractor
hereinafter called the “CONTRACTOR” and MiraCosta College District, hereinafter called the “DISTRICT”.
,
The Contractor shall furnish labor and materials to the District for the following named job:
in
accordance with the Terms & Conditions set forth in this agreement and incorporated herein by this reference and any specifications attached for a total
contract price of $
. The parties hereunto have subscribed to this Agreement, including any and all
specifications/proposals, purchase orders, bonds (if required) and terms and conditions as stated herein and/or attached. The Contractor accepts and
acknowledges by acceptance of this agreement that the provisions of this contract shall prevail over any conflicting provisions, whether written or oral.
The Contractor hereby agrees to abide by these terms and conditions upon being awarded the project as described.
1.
SCOPE OF WORK. By Submitting a proposal, the Contractor warrants that he has made a site examination as deemed necessary as to the
condition of the site and certifies all measurements, specifications and conditions affecting the work to be performed at the site. The Contractor
proposes to furnish all labor, equipment and materials to complete the work called for in the attached proposal and all work shall be in accordance
with the terms, conditions and specifications provided herein. In the event that the Contractor submits a proposal which is not in accordance with
the terms and/or conditions as specified in this agreement, the District reserves the right to unilaterally strike and therefore disallow any portion of
the Contractor’s proposal which, at the District’s sole discretion, is not in compliance with the terms and conditions as stated herein.
2.
SCHEDULING TIME OF SERVICE. The Contractor shall contact
and time of service upon receipt of completed agreement and purchase order.
3.
FORCE MAJEURE. The Contractor shall be excused from performance hereunder during the time and to the extent that he is prevented from
performing by act of God, fire, strike, lockout or commandeering of materials or facilities by the government, when satisfactory evidence thereof is
presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not
performing.
4.
INVOICES. Separate invoices are required for each purchase order. Invoices shall be submitted in duplicate and shall contain the following
information: purchase order number, item number and description, quantity, unit price and extended totals for items delivered. Sales tax, where
applicable, shall be shown separately. Shipping/handling/delivery charges shall also be shown separately and shall include the original or a copy of
the prepaid bill of lading. Failure to enter the above information on the invoice shall cause a delay in payment.
5.
INSPECTION, ACCEPTANCE AND PAYMENT. Inspection and acceptance will be determined by the Director of Facilities, unless otherwise
determined by the District. Payment shall be made upon completion and acceptance or work and receipt of proper invoice, net 30 days.
6.
CHANGE ORDERS. Change orders may not cause the total aggregate cost of the project to exceed $25,000 or the project will become subject to
competitive written estimates. The District, without invalidating contract, and as provided by law, may order extra work or make changes by
altering, adding to, or deducting from work, with the contract sum being adjusted accordingly. All such work shall be subject to prevailing wage
rates and shall be executed under the conditions of the original Agreement except that any claim for extension of time caused thereby shall be
adjusted at the time of ordering such change. In giving instructions, Contractor agrees that the District shall have authority to make minor changes
in work, not involving change in cost, and not inconsistent with the purposes or approvals of the project. Otherwise, except in an emergency
endangering life or property, no extra work or change shall be made unless pursuant to a written order from District, and no claim for an addition to
the contract sum shall be valid unless so ordered.
7.
HEALTH AND SAFETY. The Supplier certifies that all goods and equipment furnished under this Agreement shall meet or exceed all applicable
federal and state health and safety regulations, including CAL-OSHA codes.
8.
TERMINATION. If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will insure its
completion within the time specified or any extension thereof, or fails to complete said work within such time, or if the Contractor should be
adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account
of insolvency, or if Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to
supply enough properly skilled workers or proper materials to complete the work in time specified, or should fail to make prompt payment to
subcontractors or for material or labor, or persistently disregard laws, ordinances or instructions of District, or otherwise be guilty of a substantial
violation of any provision of the contract, or if Contractor or subcontractors should violate any of the provisions of this contract, then District may,
without prejudice to any other right or remedy, serve written notice upon Contractor and surety of its intention to terminate this contract, such notice
to contain the reasons for such intention to terminate, and unless within ten days after the service of such notice such condition shall cease or such
violation shall cease and satisfactory arrangements for the correction thereof be made, this contract shall upon the expiration of said ten (10) days,
cease and terminate.
9.
MATERIALS. Contractor warrants good title to all material, supplies and equipment installed or included in the work. Except as otherwise
specifically stated in this contract, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation,
superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute
and complete this contract within specified time. Unless otherwise specified, all materials shall be new and both workmanship and materials shall
be of good quality. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work. Contractor shall
be entirely responsible for damage or loss by weather or other causes to materials or work under this contract.
at
to schedule date
10. INDEMNIFICATION. To the fullest extent permitted by law, and as a material part of this agreement, the Contractor shall indemnify, hold harmless
and defend, the District, it’s Board of Trustees, officers, agents, employees and volunteers against any and all liability, claims, damages, losses and
expenses, including reasonable attorneys’ fees, arising from all acts or omissions to act of the Contractor or its officers, agents, employees,
volunteers and subcontractors, excluding, however, such liability claims, losses, damages, or expenses arising from the District’s sole and active
negligence or willful acts. Contractor assumes complete liability for any goods or materials furnished by the District to the Contractor in connection
with this agreement. Contractor agrees to pay for such tools or materials spoiled by it or not otherwise accounted for to the District’s satisfaction.
The furnishing to Contractor of any goods or materials in connection with this agreement shall not be construed to vest title thereto in Contractor.
Page 8
The District shall not be liable for any accident, loss, assault, battery, defamation, false arrest, false imprisonment, invasion of privacy, intentional or
negligent infliction of emotional distress, injury (including death) or damages happening or accruing during the term of the performance of the work
to persons and/or property, and Contractor’s shall fully indemnify and protect the District from and against the same.
11. INSURANCE REQUIREMENTS. The Contractor and it’s officers, employees, agents and subcontractors shall, at their expense, maintain and
comply with Insurance Requirements #1-6 below to protect Contractor and District from any and all claims for personal injury, bodily injury and
property damage arising from, pertaining to or relating to the scope of work under this agreement.
a.
b.
c.
d.
e.
f.
Commercial General Liability. Minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate for personal injury, bodily
injury an d property damage including products and completed operations, under Insurance Services Office Occurrence Number CA 00 01,
(any auto).
Automobile Liability. $1,000,000 per accident for bodily injury and property damage under Business Automobile Liability Coverage Form
Number CA 00 01, (any auto).
Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it.
Waiver of Subrogation. Contractor agrees that in the event of loss due to any perils for which it has agreed to provide Commercial General
and Automobile Liability insurance, Contractor shall look solely to its insurance carrier(s) for recovery and grants a waiver of any right to
subrogation which any such insurer of Contractor may acquire against the District by virtue of payments of any loss under this insurance.
Certificate of Insurance. Contractor shall furnish the District with original certificates of insurance and amendatory endorsements effecting
coverage required by this Agreement and indicating a thirty (30) day cancellation notice or notice of reduction in coverage.
Additional Insured. Insurance shall name the District and its Board of Trustees, officers, employees, agents and volunteers as Additional
Insured under said policy.
Premiums on all insurance policies shall be paid by Contractor and shall be deemed included in this contract.
12. WORKERS' COMPENSATION. The Contractor and all of their officers, employees, agents, volunteers, and subcontractors agree to; (1) procure
and maintain in full force and effect Workers’ Compensation and Employer’s Liability insurance covering its employees and agents while these
persons are participating in the scope of work hereunder: (2) The insurer for the Contractor shall agree to waive all rights of subrogation against
District, its Board of Trustees, officials, employees, agents and volunteers for losses under the terms of the insurance policy which arise from work
performed by the Contractor.
13. INDEPENDENT CONTRACTOR. While providing the goods or services ordered herein, the Supplier is an independent contractor and not an
officer, employee or agent of the District.
14. NON-DISCRIMINATION ENDORSEMENT. It is the policy of the Contractor and District mutually agree that they will comply with all applicable
Federal and California state anti-discrimination laws and regulations and agree not to unlawfully discriminate against any prospective or active
employee engaged in the work on the basis of race, color, age, ancestry, national origin, sex, religious creed, marital status, or physical or mental
disability, or sexual orientation or any other category protected by law, including but not limited to, the California Fair Employment Practice Act,
beginning with Labor Code Section 1410, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by all
subcontractors employed. Contractor and District mutually agree that they will comply with all applicable federal and state anti-discrimination laws
and regulations, and agree not to unlawfully discriminate against Students on the basis of race, color, creed, religion, sex, age, national origin,
ancestry, marital status, physical or mental disability, sexual orientation, or any other category protected by law.
15. COMPLIANCE WITH GOVERNING LAWS. The Contractor and all of its employees, volunteers, Board members and subcontractors shall be subject
to and shall comply with all federal, state, and local laws and regulations, including Cal/OSHA General Industry Safety Orders, applicable with respect
to its performance under this agreement, both current and future, including but not limited to, licensing and permits, employment practices and wages,
hours and conditions of employment, including nondiscrimination. The Contractor shall be solely responsible and hold harmless the District against
any and all costs arising from, pertaining to or relating to failure to comply with such laws, rules or regulations. To the extent compliance is required;
Contractor shall comply with all the District safety rules and regulations when on the District's premises. In the event of litigation, the agreement and
related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate state
or federal court located in San Diego County.
16. Labor Compliance Program. When applicable this contract is subject to a labor compliance program, as described in subdivision (b) of Section
1771.5 of the Labor Code. If this contract is subject to the requirements of Section 1771.7 of the Labor Code, the District to is required initiate and
enforce a labor compliance program, as described in subdivision (b) of Section 1771.5 of the Labor Code. The law requires that District’s labor
compliance program shall include, but not be limited to, the following requirements:
a.
b.
c.
d.
e.
f.
All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter.
A pre-job conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements
applicable to the contract.
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.
The District shall review, and, if appropriate, audit payroll records to verify compliance with this chapter.
The District shall withhold contract payments when payroll records are delinquent or inadequate.
The District shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it
is established that underpayment has occurred.
The District shall enforce a labor compliance program. A copy of the labor compliance program as currently adopted by the District is included with
these bid documents. The labor compliance program which is approved by the Director of the Department of Industrial Relations (the “Labor
Compliance Program”) is incorporated by reference into the Contract and it will be enforced as required by state law and regulations and the
Director of the Department of Industrial Relations.
17. WAGE RATES. Pursuant to the provisions of article 2 (commencing at section 1770), chapter 1, part 7, division 2 of the Labor Code of California,
the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which this public work is to be
performed for each craft, classification or type of worker needed to execute the contract. Copies of said determinations are on file at District’s
principal office and available to any interested party on request. Refer to Web site (www.dir.ca.gov). Holiday and overtime work, when permitted by
law, shall be paid for at a rate of at least one and one-half times the general prevailing rate of per diem wages as determined by the Director of
Page 9
Industrial Relations, unless otherwise specified. Each worker of the Contractor or any of his subcontractors engaged in work on the project shall be
paid not less than the general prevailing rate of per diem wages determined by the Director of Industrial Relations, regardless of any contractual
relationship which may be alleged to exist between the Contractor or any subcontractor and such workers.
Each worker needed to execute the work on the project shall be paid travel and subsistence payments, as such travel and subsistence payments
are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations in accordance with Labor Code
section 1173.8.
The Contractor shall, as a penalty to the District, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker
paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any
public work done under the contract by him or by any subcontractor under him. Prevailing wage rates shall also be used when determining wages
paid for change order items. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of
the Contractor’s mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor in
meeting his prevailing wage obligations, or the Contractor’s willful failure to pay the correct rates of prevailing wages. 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, and the Contractor shall be bound by the provisions of Labor Code section
1775.
Any worker employed to perform work on the project, which work is not covered by any classification listed in the general prevailing rate of per diem
wages determined by the Director of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the
classification which most nearly corresponds to work to be performed. Such minimum wage rate shall be retroactive to the time of initial
employment of such person in such classification.
Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation,
travel time, subsistence pay and similar purposes. Contractor shall post at appropriate conspicuous points on the site of project, a schedule
showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.
Contractor and each subcontractor shall keep an accurate payroll record, 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 in connection with the public work.
The payroll records required above shall be certified and shall be available for inspection at all reasonable hours at the principal office of the
Contractor on the following basis:
a)
b)
c)
A certified copy of an employee’s payroll record shall be made available for inspection or furnished to such employee or his or her authorized
representative on request.
A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of District, the
Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided,
however, that a request by the public shall be made through either the District, the Division of Apprenticeship Standards, or the Division of
Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
Contractor shall file a certified copy of the records required above with the District or entity that requested such records within ten days after receipt
of a written request. Any copies of records made available for inspection as copies and furnished upon request to the public or any public agency
by the District, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a
manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor shall not
be marked or obliterated.
Contractor shall inform the District of the location of the records required above, including the street address, city and county, and shall, within five
working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this article regarding maintenance of records, the Contractor shall have ten days in which to
comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this article. Should noncompliance still
be evident after such ten-day period, the Contractor shall, as a penalty by the District, 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, such penalty shall be withheld from progress payments then due.
16. APPRENTICES. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed
provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the
responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section
which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be
paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the
work of the craft or trade to which he is registered.”
Only apprentices, as defined in section 3077, who are in training under apprenticeship standards and written apprentice agreements under chapter
4 (commencing with section 3070), of division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of
each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he or she is
training.
When the contractor to whom the contract is awarded by the District, in performing any of the work under the contract or subcontract, employs
workers in any apprenticeable craft or trade, the contractor and subcontractor shall apply to the joint apprenticeship committee administering the
apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor
under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as
established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint
apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of
apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award
information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the
Page 10
contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty
upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the
public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not
be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local
apprenticeship standards. The ratio of work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work
may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, 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 labor performed by a journeyman.
However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen.
Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship
committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except
for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as above before the end of the
contract. 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 job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or
trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than
one apprentice for each five journeymen in a craft or trade classification.
The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously
approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of his contracts on an
annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor
classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards my grant a certificate exempting the Contractor
from the 1-to-5 hourly ratio as set forth in the section. This section shall 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 ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight
hours per day or 40 hours per week to calculate the hourly ratio.
“Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with the
rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate,
which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section
when it finds that any one of the following conditions is met: a) Unemployment for the previous three-month period in such area exceeds an
average of 15 percent. b) The number of apprentices in training in such area exceeds a ratio of 1-to-5. c) If 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. d) Assignment of an apprentice to any work performed under a public works contract would create a condition which
would jeopardize his life, or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to
be assigned is of such a nature that training cannot be provided by a journeyman.
When exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis,
the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
A contractor to whom the contract is awarded, or any subcontractor under him who, employs journeymen or apprentices in any apprenticeable craft
or trade to perform work under the contract and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in
any craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are
contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the
same amount or upon the same basis and in the same manner as the other contractors do. Where the trust fund administrators are unable to
accept the fund, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. This contractor
or subcontractor may add the amount of the contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is
authorized to enforce the payment of the contributions to the fund or funds as set forth in Labor Code section 227.
The District 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. All decisions of the joint apprenticeship
committee under this section are subject to Labor Code section 3081.
17. WORK HOURS. As provided in article 3 (commencing at section 1810), chapter 1, part 7, division 2 of the Labor Code, eight (8) hours of labor shall
constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any
subcontract under this contact upon the work or upon any part of the work contemplated by this contract is limited and restricted to eight (8) hours
during any one-calendar day and forty (40) hours during any one-calendar week, except as hereinafter provided. Notwithstanding the provisions
hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week,
shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.
The Contractor and every subcontractor shall keep accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by him in connection with the work or any part of the work contemplated by this contract. The record shall
be kept open at all reasonable hours to the inspection of the District and the Division of Labor Law Enforcement, Department of Industrial Relations
of the State of California.
The Contractor shall pay to the District a penalty of twenty-five dollars ($25) for each worker employed in the execution of this contract by the
Contractor or by any subcontractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more
than eight (8) hours in any calendar day and forty (40) hours in any one calendar week in violation of the provisions of article 3 (commencing at
section 1810), chapter 1, part 7, division 2 of the Labor Code. Any work necessary to be performed after regular working hours, or on Sundays or
other holidays shall be performed without additional expense to District
18. SUBCONTRACTING. Contractor agrees to bind every subcontractor by terms of the contract as far as such terms are applicable to subcontractor’s
work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to District for acts and omissions of
subcontractor and of persons either directly or indirectly employed. Nothing contained in these contract documents shall create any contractual
relation between any subcontractor and District.
Page 11
19. ASSIGNMENT. Contractor shall not assign or transfer by operation or law or otherwise any or all of its rights, burdens, duties, or obligations under
this contract without prior written consent of District.
20. PATENTS, ROYALTIES AND INDEMNITIES. The Contractor shall hold and save the District and its officers, agents and employees harmless from
liability of any nature or kind, including cost and expense, for or on account of any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of this contract, including its use by the District, unless otherwise specifically stipulated in the contract
documents.
21. GUARANTEE. Besides guarantees required elsewhere, Contractor shall, and hereby does, guarantee all work for a period of one year after date
of acceptance of work by District and shall repair or replace any or all such work, together with any other work, which may be displaced in so doing,
that may prove defective in workmanship and/or materials within a one-year period from date of acceptance without expense whatsoever to District,
ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects with reasonable promptness. Contractor
shall notify District upon completion of repairs.
This article does not in any way limit the guarantee of any items for which a longer guarantee is specified or on any items for which a manufacturer
gives a guarantee for a longer period. Contractor shall furnish District all appropriate guarantee or warranty certificates upon completion of the
project.
22. PROTECTION OF WORK AND PROPERTY: The Contractor shall be responsible for all damages to persons or property that occur as a result of
his fault or negligence in connection with the prosecution of this contract and shall be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the District. All work shall be solely at the Contractor’s risk. Contractor
shall adequately protect adjacent property from settlement or loss of lateral support as provided by law and contract documents. Contractor shall
take all necessary precautions for safety of employees on the work and shall comply with all applicable safety laws and building codes to prevent
accidents or injury to persons on, about, or adjacent to premises where work is being performed. Contractor shall erect and properly maintain at all
times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, light and watchmen for protection of workers and
the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a
responsible member of the organization on the work, whose duty shall be prevention of accidents. Contractor shall report name and position of
person so designated to District.
23. CLEAN UP: Contractor at all times shall keep premises free from debris such as waste, rubbish and excess materials and equipment caused by
his work; debris shall be removed from premises. Contractor shall not leave debris under, in, or about the premises. Upon completion of work
Contractor shall clean interior and exterior of building including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal
projections and any areas where debris has collected so surfaces are free from foreign material or discoloration; Contractor shall clean and polish
all glass, plumbing fixtures and finish hardware and similar finish surfaces and equipment and remove temporary fencing, barricades, planking and
construction toilet and similar temporary facilities from site.
24. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this
contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provisions is not inserted, or is not correctly inserted then upon application of either party the contract shall forthwith
be physically amended to make such insertion or correction.
25. EXCAVATION DEEPER THAN FOUR FEET: If this contract involves digging trenches or other excavations that extend deeper than four feet below
the surface, then all of the following apply:
a.
b.
c.
The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing of any: (1) Material that the
Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical
conditions at the site differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract.
Upon receiving any such notice, the District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or
do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of
the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ or involve hazardous waste,
or cause a decrease or increase in the Contractors’ cost of, or time required for, performance of any part of the work, the Contractor shall not
be excused from any scheduled completion date provided for by this contract, but shall proceed with all work to be performed under the
contract. A contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and
protest between the contracting parties.
26. REMOVAL OR RELOCATION OF MAIN OR TRUNKLINE UTILITY FACILITIES. The Contractor shall not be assessed for liquidated damages for
delay in completion of this project, when such delay was caused by the failure of the awarding authority of this contract or the owner of the utility to
provide for removal or relocation of the existing main or trunkline utility facilities; however, when the Contractor is aware that removal or relocation
of an existing utility has not been provided for, Contractor shall promptly notify the awarding authority and the utility in writing, so that provision for
such removal or relocation may be made to avoid and minimize any delay which might be caused by the failure to remove or relocate the main or
trunkline utility facilities, or to provide for its removal or relocation. In accordance with section 4215 of the Government Code, if the Contractor while
performing the contract discovers any existing main or trunkline utility facilities not identified by the public agency in the contract plans or
specifications, he shall immediately notify the public agency and utility in writing. The public utility, where they are the owners, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The Contractor
shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing
or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project
necessarily idled during such work.
27. RESOLUTION OF CONSTRUCTION CLAIMS OF $375,000 OR LESS. For public work claims of $375,000 or less between Contractor and District,
if District has not elected to resolve disputes by arbitration pursuant to article 7.2 (commencing with section 10240) of chapter 1 of part 2 of the
Public Contract Code, the provisions of article 1.5 (commencing with section 20104) of chapter 1 of part 3 of the Public Contract Code apply
(“Article 1.5”).
Page 12
For purposes of Article 1.5, “public work” has the same meaning as in sections 3100 and 3106 of the Civil Code. “Claim” means a separate
demand by Contractor for a time extension, or payment of money or damages for work done by or for Contractor, payment for which is not
otherwise expressly provided in the contract or to which Contractor would not otherwise be entitled, or a payment disputed by District.
Each claim shall be submitted in writing before the date of final payment and shall include all necessary substantiating documentation. District shall
respond in writing within forty-five (45) days of receipt of the claim if the claim is less than $50,000 (“$50,000 claim”) or within sixty (60) days of
receipt of the claim, if the claim is over $50,000 but less than or equal to $375,000 (“$50,000-$375,000 claim”). In either case, District may request
in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
District may have against the claimant. Any additional information shall be requested and provided upon mutual agreement of the District and the
claimant. District’s written response to the claim shall be submitted to claimant within fifteen (15) days after receipt of the further documentation for
$50,000 claims or within thirty (30) days after receipt of the further documentation for $50,000-$375,000 claims or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
Within fifteen (15) days of receipt the District’s response, if claimant disputes District’s written response or within fifteen (15) days of the District’s
failure to respond within the time prescribed, the claimant shall provide written notification to District demanding an informal conference to meet and
confer (“conference”) to be scheduled by the District within thirty (30) days. If the claim or any portion of the claim remains in dispute following the
meet and confer (“meet and confer conference”), the claimant may file a claim as provided in chapter 1 (commencing with section 900) and chapter
2 (commencing with section 910) of part 3 of division 3.6 of title 1 of the Government Code. For purposes of those provisions, the period of time
within which a claim must be filed is tolled from the time the claimant submits a written claim until the time the claim is denied, including time utilized
as a result of the meet and confer process.
If a civil action is filed to resolve claims within sixty (60) days (but no earlier than thirty (30) days) following the filing or responsive pleadings, the
court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide that
both parties select a disinterested third person mediator within fifteen (15) days, shall be commenced within thirty (30) days of the submittal and
concluded within fifteen (15) days from the commencement of the mediation unless time is extended upon a good case showing to the court or by
stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
If the material remains in dispute, the case shall be submitted to judicial arbitration pursuant to chapter 2.5 (commencing with section 1141.10) of
title 3 of part 3 of the Code of Civil Procedure, notwithstanding section 1141.11 of that code. The Civil Discovery Act of 1986 (article 3,
commencing with section 2016, of chapter 3 of title 3 or part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration. The court may, upon request by any party, order any witness to participate in
the mediation or arbitration process.
Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in
construction law and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates not to exceed
their customary rate. Such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall state or county funds pay these fees or expenses. Any party who, after receiving an
arbitration award requests a trial de novo but does not obtain a more favorable judgment, shall pay the attorney’s fees of the other party arising out
of the trial de novo in addition to payment of costs and fees required under chapter 2.5 (commencing with section 1141.10) of title 3 of part 3 of the
Code of Civil Procedure. District shall not fail to pay any portion of a claim which is undisputed unless otherwise provided herein and shall pay
interest at the legal rate commencing on the date the suit is filed in court on any arbitration award or judgment.
28. DRUG FREE/SMOKE FREE/ALCOHOL FREE POLICY. All District sites are designated drug free/smoke free/alcohol free. The use or abuse of
controlled substances, tobacco products, and alcohol will not be tolerated.
29. LICENSED CONTRACTOR. The Contractor shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed
in the appropriate classification required for the performance of this work, as determined by state and local government ordinance. This contract
shall commence on the date specified in this purchase order, with work to be completed within the time allotted herein.
30. NON-COLLUSION AFFIDAVIT. The party making the foregoing proposal certifies that the proposal is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham;
that the Contractor has not directly or indirectly induced or solicited any other bidder to put 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
Contractor 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.
31. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR OTHER INELIGIBILITY. (applicable to all orders or agreements funded in part
or in whole with federal funds) - The Supplier agrees to comply with applicable federal suspension and debarment regulations, including, but not
limited to, regulations implementing Executive Order 12549 (29 C.F.R. Part 98). The Supplier certifies to the best of its knowledge and belief that it
and its principals:
a.
b.
c.
d.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency;
Have not, within a three-year period preceding the receipt of this purchase order, been convicted of, or had a civil judgment rendered against
them, for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state
or local) or private transaction or contract; (2) Violation of Federal or State antitrust statutes; (3) Commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or
obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and
directly affects Supplier’s present responsibility;
Are not presently indicted for, or otherwise criminally or civilly charged by any government entity (federal, state or local), with commission of
any of the offenses enumerated above;
Have not, within a three-year period preceding the receipt of this purchase order or agreement, had one or more public transactions (federal
state or local) terminated for cause or default;
Page 13
e.
f.
Shall not, except as otherwise provided under applicable federal regulations, knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded by any federal department or agency
from participation in such transaction; and
Include in all lower tier covered transactions, and all solicitations for covered transactions, provisions substantially similar to those set forth
herein.
32. COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS. The Supplier shall comply with all lawful requirements of the United
States, the State of California, the District, and all applicable municipalities and local agencies. Such compliance shall include, but is not limited to,
all regulations regarding discharges to separate storm drain systems or other watercourses under their jurisdiction, including applicable
requirements in municipal storm water management programs.
33. DOCUMENTS. The contract entered into by this Agreement consists of the following contract documents , all of which are component parts of the
contract as if herein set out in full or attached hereto:
a.
b.
c.
Specifications
Payment and Performance Bonds (if applicable)
Purchase Order
Contractor:
District:
MiraCosta College District
By:
By:
Official Authorized Signature
Official Authorized Signature
Printed Name
Susan Asato
Printed Name
Its:
Title
Its:
Director of Purchasing & Material Management
Title
Date
Date
License Number:
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board. Any questions concerning a contractor may be
referred to the registrar of the board whose address is:
Contractors’ State License Board
9821 Business Park Drive
Sacramento, CA 95827
Phone: (916) 255-3900
http://www2.cslb.ca.gov/
(Business & Professions Code, Section 7030)
Page 14
PUBLIC WORKS AGREEMENT
FOR PROJECTS BETWEEN $25,001 AND $45,000
THIS CONTRACT is made and entered into on
, by and between the contractor
the “CONTRACTOR” and MiraCosta College District, hereinafter called the “DISTRICT”.
, hereinafter called
The Contractor shall furnish labor and materials to the District for the following named job:
in accordance with
the Terms & Conditions set forth in this agreement and incorporated herein by this reference and any specifications attached for a total contract price of
$
. The parties hereunto have subscribed to this Agreement, including any and all specifications/proposals, purchase orders, bonds
and terms and conditions as stated herein and/or attached. The Contractor accepts and acknowledges by acceptance of this agreement that the
provisions of this contract shall prevail over any conflicting provisions, whether written or oral. The Contractor hereby agrees to abide by these terms and
conditions upon being awarded the project as described.
1.
SCOPE OF WORK. By Submitting a proposal, the Contractor warrants that he has made a site examination as deemed necessary as to the
condition of the site and certifies all measurements, specifications and conditions affecting the work to be performed at the site. The Contractor
proposes to furnish all labor, equipment and materials to complete the work called for in the attached proposal and all work shall be in accordance
with the terms, conditions and specifications provided herein. In the event that the Contractor submits a proposal which is not in accordance with
the terms and/or conditions as specified in this agreement, the District reserves the right to unilaterally strike and therefore disallow any portion of
the Contractor’s proposal which, at the District’s sole discretion, is not in compliance with the terms and conditions as stated herein.
2.
SCHEDULING TIME OF SERVICE. The Contractor shall contact
and time of service upon receipt of completed agreement and purchase order.
3.
FORCE MAJEURE. The Contractor shall be excused from performance hereunder during the time and to the extent that he is prevented from
performing by act of God, fire, strike, lockout or commandeering of materials or facilities by the government, when satisfactory evidence thereof is
presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not
performing.
4.
INVOICES. Separate invoices are required for each purchase order. Invoices shall be submitted in duplicate and shall contain the following
information: purchase order number, item number and description, quantity, unit price and extended totals for items delivered. Sales tax, where
applicable, shall be shown separately. Shipping/handling/delivery charges shall also be shown separately and shall include the original or a copy of
the prepaid bill of lading. Failure to enter the above information on the invoice shall cause a delay in payment.
5.
AGREEMENTS AND BONDS. The Agreement form which the successful bidder, as Contractor, will be required to execute, and the forms and
amounts of surety bonds which he will be required to furnish at the time of execution of the Agreement, are included in the contract documents and
shall be carefully examined by the bidder. The required number of executed copies of the Agreement, the Performance Bond, and the Payment
Bond for Public Works is as specified in the Special Conditions.
at
to schedule date
The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest
standards the District is legally permitted to establish and which it has established.
The Payment Bond must be in the amount of 100 percent of the total amount payable. The Payment Bond must be executed by an admitted Surety
approved to conduct business in the State of California which meets the highest standards the District is legally permitted to establish. Bonds shall
be in the form set forth in the contract documents.
6.
INSPECTION, ACCEPTANCE AND PAYMENT. Inspection and acceptance will be determined by the Director of Facilities, unless otherwise
determined by the District. Payment shall be made upon completion and acceptance or work and receipt of proper invoice, net 30 days.
7.
CHANGE ORDERS. Change orders may not cause the total aggregate cost of the project to exceed $25,000 or the project will become subject to
competitive written estimates. The District, without invalidating contract, and as provided by law, may order extra work or make changes by
altering, adding to, or deducting from work, with the contract sum being adjusted accordingly. All such work shall be subject to prevailing wage
rates and shall be executed under the conditions of the original Agreement except that any claim for extension of time caused thereby shall be
adjusted at the time of ordering such change. In giving instructions, Contractor agrees that the District shall have authority to make minor changes
in work, not involving change in cost, and not inconsistent with the purposes or approvals of the project. Otherwise, except in an emergency
endangering life or property, no extra work or change shall be made unless pursuant to a written order from District, and no claim for an addition to
the contract sum shall be valid unless so ordered.
8.
HEALTH AND SAFETY. The Supplier certifies that all goods and equipment furnished under this Agreement shall meet or exceed all applicable
federal and state health and safety regulations, including CAL-OSHA codes.
9.
TERMINATION. If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will insure its
completion within the time specified or any extension thereof, or fails to complete said work within such time, or if the Contractor should be
adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account
of insolvency, or if Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to
supply enough properly skilled workers or proper materials to complete the work in time specified, or should fail to make prompt payment to
subcontractors or for material or labor, or persistently disregard laws, ordinances or instructions of District, or otherwise be guilty of a substantial
violation of any provision of the contract, or if Contractor or subcontractors should violate any of the provisions of this contract, then District may,
without prejudice to any other right or remedy, serve written notice upon Contractor and surety of its intention to terminate this contract, such notice
to contain the reasons for such intention to terminate, and unless within ten days after the service of such notice such condition shall cease or such
violation shall cease and satisfactory arrangements for the correction thereof be made, this contract shall upon the expiration of said ten (10) days,
cease and terminate.
10. MATERIALS. Contractor warrants good title to all material, supplies and equipment installed or included in the work. Except as otherwise
specifically stated in this contract, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation,
Page 15
superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute
and complete this contract within specified time. Unless otherwise specified, all materials shall be new and both workmanship and materials shall
be of good quality. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work. Contractor shall
be entirely responsible for damage or loss by weather or other causes to materials or work under this contract.
11. INDEMNIFICATION. To the fullest extent permitted by law, and as a material part of this agreement, the Contractor shall indemnify, hold harmless
and defend, the District, it’s Board of Trustees, officers, agents, employees and volunteers against any and all liability, claims, damages, losses and
expenses, including reasonable attorneys’ fees, arising from all acts or omissions to act of the Contractor or its officers, agents, employees,
volunteers and subcontractors, excluding, however, such liability claims, losses, damages, or expenses arising from the District’s sole and active
negligence or willful acts. Contractor assumes complete liability for any goods or materials furnished by the District to the Contractor in connection
with this agreement. Contractor agrees to pay for such tools or materials spoiled by it or not otherwise accounted for to the District’s satisfaction.
The furnishing to Contractor of any goods or materials in connection with this agreement shall not be construed to vest title thereto in Contractor.
The District shall not be liable for any accident, loss, assault, battery, defamation, false arrest, false imprisonment, invasion of privacy, intentional or
negligent infliction of emotional distress, injury (including death) or damages happening or accruing during the term of the performance of the work
to persons and/or property, and Contractor’s shall fully indemnify and protect the District from and against the same.
12. INSURANCE REQUIREMENTS. The Contractor and it’s officers, employees, agents and subcontractors shall, at their expense, maintain and
comply with Insurance Requirements #1-6 below to protect Contractor and District from any and all claims for personal injury, bodily injury and
property damage arising from, pertaining to or relating to the scope of work under this agreement.
a.
b.
c.
d.
e.
f.
Commercial General Liability. Minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate for personal injury, bodily
injury an d property damage including products and completed operations, under Insurance Services Office Occurrence Number CA 00 01,
(any auto).
Automobile Liability. $1,000,000 per accident for bodily injury and property damage under Business Automobile Liability Coverage Form
Number CA 00 01, (any auto).
Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it.
Waiver of Subrogation. Contractor agrees that in the event of loss due to any perils for which it has agreed to provide Commercial General
and Automobile Liability insurance, Contractor shall look solely to its insurance carrier(s) for recovery and grants a waiver of any right to
subrogation which any such insurer of Contractor may acquire against the District by virtue of payments of any loss under this insurance.
Certificate of Insurance. Contractor shall furnish the District with original certificates of insurance and amendatory endorsements effecting
coverage required by this Agreement and indicating a thirty (30) day cancellation notice or notice of reduction in coverage.
Additional Insured. Insurance shall name the District and its Board of Trustees, officers, employees, agents and volunteers as Additional
Insured under said policy.
Premiums on all insurance policies shall be paid by Contractor and shall be deemed included in this contract.
13. WORKERS' COMPENSATION. The Contractor and all of their officers, employees, agents, volunteers, and subcontractors agree to; (1) procure
and maintain in full force and effect Workers’ Compensation and Employer’s Liability insurance covering its employees and agents while these
persons are participating in the scope of work hereunder: (2) The insurer for the Contractor shall agree to waive all rights of subrogation against
District, its Board of Trustees, officials, employees, agents and volunteers for losses under the terms of the insurance policy which arise from work
performed by the Contractor.
14. INDEPENDENT CONTRACTOR. While providing the goods or services ordered herein, the Supplier is an independent contractor and not an
officer, employee or agent of the District.
15. NON-DISCRIMINATION ENDORSEMENT. It is the policy of the Contractor and District mutually agree that they will comply with all applicable
Federal and California state anti-discrimination laws and regulations and agree not to unlawfully discriminate against any prospective or active
employee engaged in the work on the basis of race, color, age, ancestry, national origin, sex, religious creed, marital status, or physical or mental
disability, or sexual orientation or any other category protected by law, including but not limited to, the California Fair Employment Practice Act,
beginning with Labor Code Section 1410, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by all
subcontractors employed. Contractor and District mutually agree that they will comply with all applicable federal and state anti-discrimination laws
and regulations, and agree not to unlawfully discriminate against Students on the basis of race, color, creed, religion, sex, age, national origin,
ancestry, marital status, physical or mental disability, sexual orientation, or any other category protected by law.
16. COMPLIANCE WITH GOVERNING LAWS. The Contractor and all of its employees, volunteers, Board members and subcontractors shall be
subject to and shall comply with all federal, state, and local laws and regulations, including Cal/OSHA General Industry Safety Orders, applicable
with respect to its performance under this agreement, both current and future, including but not limited to, licensing and permits, employment
practices and wages, hours and conditions of employment, including nondiscrimination. The Contractor shall be solely responsible and hold
harmless the District against any and all costs arising from, pertaining to or relating to failure to comply with such laws, rules or regulations. To the
extent compliance is required; Contractor shall comply with all the District safety rules and regulations when on the District's premises. In the event
of litigation, the agreement and related matters shall be governed by and construed in accordance with the laws of the State of California. Venue
shall be with the appropriate state or federal court located in San Diego County.
17. Labor Compliance Program. When applicable this contract is subject to a labor compliance program, as described in subdivision (b) of Section
1771.5 of the Labor Code. If this contract is subject to the requirements of Section 1771.7 of the Labor Code, the District to is required initiate and
enforce a labor compliance program, as described in subdivision (b) of Section 1771.5 of the Labor Code. The law requires that District’s labor
compliance program shall include, but not be limited to, the following requirements:
a.
b.
c.
d.
e.
All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter.
A pre-job conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable
to the contract.
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.
The District shall review, and, if appropriate, audit payroll records to verify compliance with this chapter.
The District shall withhold contract payments when payroll records are delinquent or inadequate.
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f.
The District shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is
established that underpayment has occurred.
The District shall enforce a labor compliance program. A copy of the labor compliance program as currently adopted by the District is included with
these bid documents. The labor compliance program which is approved by the Director of the Department of Industrial Relations (the “Labor
Compliance Program”) is incorporated by reference into the Contract and it will be enforced as required by state law and regulations and the
Director of the Department of Industrial Relations.
18. WAGE RATES. Pursuant to the provisions of article 2 (commencing at section 1770), chapter 1, part 7, division 2 of the Labor Code of California,
the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which this public work is to be
performed for each craft, classification or type of worker needed to execute the contract. Copies of said determinations are on file at District’s
principal office and available to any interested party on request. Refer to Web site (www.dir.ca.gov). Holiday and overtime work, when permitted by
law, shall be paid for at a rate of at least one and one-half times the general prevailing rate of per diem wages as determined by the Director of
Industrial Relations, unless otherwise specified. Each worker of the Contractor or any of his subcontractors engaged in work on the project shall be
paid not less than the general prevailing rate of per diem wages determined by the Director of Industrial Relations, regardless of any contractual
relationship which may be alleged to exist between the Contractor or any subcontractor and such workers.
Each worker needed to execute the work on the project shall be paid travel and subsistence payments, as such travel and subsistence payments
are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations in accordance with Labor Code
section 1173.8.
The Contractor shall, as a penalty to the District, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker
paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any
public work done under the contract by him or by any subcontractor under him. Prevailing wage rates shall also be used when determining wages
paid for change order items. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of
the Contractor’s mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor in
meeting his prevailing wage obligations, or the Contractor’s willful failure to pay the correct rates of prevailing wages. 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, and the Contractor shall be bound by the provisions of Labor Code section
1775.
Any worker employed to perform work on the project, which work is not covered by any classification listed in the general prevailing rate of per diem
wages determined by the Director of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the
classification which most nearly corresponds to work to be performed. Such minimum wage rate shall be retroactive to the time of initial
employment of such person in such classification.
Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation,
travel time, subsistence pay and similar purposes. Contractor shall post at appropriate conspicuous points on the site of project, a schedule
showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.
Contractor and each subcontractor shall keep an accurate payroll record, 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 in connection with the public work.
The payroll records required above shall be certified and shall be available for inspection at all reasonable hours at the principal office of the
Contractor on the following basis:
A certified copy of an employee’s payroll record shall be made available for inspection or furnished to such employee or his or her authorized
representative on request.
A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of District, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however,
that a request by the public shall be made through either the District, the Division of Apprenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
Contractor shall file a certified copy of the records required above with the District or entity that requested such records within ten days after receipt
of a written request. Any copies of records made available for inspection as copies and furnished upon request to the public or any public agency
by the District, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a
manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor shall not
be marked or obliterated.
Contractor shall inform the District of the location of the records required above, including the street address, city and county, and shall, within five
working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this article regarding maintenance of records, the Contractor shall have ten days in which to
comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this article. Should noncompliance still
be evident after such ten-day period, the Contractor shall, as a penalty by the District, 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, such penalty shall be withheld from progress payments then due.
19. APPRENTICES. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed
provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the
responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section
which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be
paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the
work of the craft or trade to which he is registered.”
Page 17
Only apprentices, as defined in section 3077, who are in training under apprenticeship standards and written apprentice agreements under chapter
4 (commencing with section 3070), of division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of
each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he or she is
training.
When the contractor to whom the contract is awarded by the District, in performing any of the work under the contract or subcontract, employs
workers in any apprenticeable craft or trade, the contractor and subcontractor shall apply to the joint apprenticeship committee administering the
apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor
under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as
established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint
apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of
apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award
information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the
contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty
upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the
public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not
be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local
apprenticeship standards. The ratio of work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work
may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, 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 labor performed by a journeyman.
However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen.
Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship
committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except
for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as above before the end of the
contract. 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 job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or
trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than
one apprentice for each five journeymen in a craft or trade classification.
The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously
approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of his contracts on an
annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor
classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards my grant a certificate exempting the Contractor
from the 1-to-5 hourly ratio as set forth in the section. This section shall 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 ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight
hours per day or 40 hours per week to calculate the hourly ratio.
“Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with the
rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate,
which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section
when it finds that any one of the following conditions is met: a) Unemployment for the previous three-month period in such area exceeds an
average of 15 percent. b) The number of apprentices in training in such area exceeds a ratio of 1-to-5. c) If 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. d) Assignment of an apprentice to any work performed under a public works contract would create a condition which
would jeopardize his life, or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to
be assigned is of such a nature that training cannot be provided by a journeyman.
When exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis,
the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
A contractor to whom the contract is awarded, or any subcontractor under him who, employs journeymen or apprentices in any apprenticeable craft
or trade to perform work under the contract and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in
any craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are
contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the
same amount or upon the same basis and in the same manner as the other contractors do. Where the trust fund administrators are unable to
accept the fund, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. This contractor
or subcontractor may add the amount of the contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is
authorized to enforce the payment of the contributions to the fund or funds as set forth in Labor Code section 227.
The District 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. All decisions of the joint apprenticeship
committee under this section are subject to Labor Code section 3081.
20. WORK HOURS. As provided in article 3 (commencing at section 1810), chapter 1, part 7, division 2 of the Labor Code, eight (8) hours of labor shall
constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any
subcontract under this contact upon the work or upon any part of the work contemplated by this contract is limited and restricted to eight (8) hours
during any one-calendar day and forty (40) hours during any one-calendar week, except as hereinafter provided. Notwithstanding the provisions
hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week,
shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.
The Contractor and every subcontractor shall keep accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by him in connection with the work or any part of the work contemplated by this contract. The record shall
Page 18
be kept open at all reasonable hours to the inspection of the District and the Division of Labor Law Enforcement, Department of Industrial Relations
of the State of California.
The Contractor shall pay to the District a penalty of twenty-five dollars ($25) for each worker employed in the execution of this contract by the
Contractor or by any subcontractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more
than eight (8) hours in any calendar day and forty (40) hours in any one calendar week in violation of the provisions of article 3 (commencing at
section 1810), chapter 1, part 7, division 2 of the Labor Code. Any work necessary to be performed after regular working hours, or on Sundays or
other holidays shall be performed without additional expense to District
21. SUBCONTRACTING. Contractor agrees to bind every subcontractor by terms of the contract as far as such terms are applicable to subcontractor’s
work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to District for acts and omissions of
subcontractor and of persons either directly or indirectly employed. Nothing contained in these contract documents shall create any contractual
relation between any subcontractor and District.
22. ASSIGNMENT. Contractor shall not assign or transfer by operation or law or otherwise any or all of its rights, burdens, duties, or obligations under
this contract without prior written consent of District.
23. PATENTS, ROYALTIES AND INDEMNITIES. The Contractor shall hold and save the District and its officers, agents and employees harmless from
liability of any nature or kind, including cost and expense, for or on account of any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of this contract, including its use by the District, unless otherwise specifically stipulated in the contract
documents.
24. GUARANTEE. Besides guarantees required elsewhere, Contractor shall, and hereby does, guarantee all work for a period of one year after date
of acceptance of work by District and shall repair or replace any or all such work, together with any other work, which may be displaced in so doing,
that may prove defective in workmanship and/or materials within a one-year period from date of acceptance without expense whatsoever to District,
ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects with reasonable promptness. Contractor
shall notify District upon completion of repairs.
This article does not in any way limit the guarantee of any items for which a longer guarantee is specified or on any items for which a manufacturer
gives a guarantee for a longer period. Contractor shall furnish District all appropriate guarantee or warranty certificates upon completion of the
project.
25. PROTECTION OF WORK AND PROPERTY: The Contractor shall be responsible for all damages to persons or property that occur as a result of
his fault or negligence in connection with the prosecution of this contract and shall be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the District. All work shall be solely at the Contractor’s risk. Contractor
shall adequately protect adjacent property from settlement or loss of lateral support as provided by law and contract documents. Contractor shall
take all necessary precautions for safety of employees on the work and shall comply with all applicable safety laws and building codes to prevent
accidents or injury to persons on, about, or adjacent to premises where work is being performed. Contractor shall erect and properly maintain at all
times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, light and watchmen for protection of workers and
the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a
responsible member of the organization on the work, whose duty shall be prevention of accidents. Contractor shall report name and position of
person so designated to District.
26. CLEAN UP: Contractor at all times shall keep premises free from debris such as waste, rubbish and excess materials and equipment caused by
his work; debris shall be removed from premises. Contractor shall not leave debris under, in, or about the premises. Upon completion of work
Contractor shall clean interior and exterior of building including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal
projections and any areas where debris has collected so surfaces are free from foreign material or discoloration; Contractor shall clean and polish
all glass, plumbing fixtures and finish hardware and similar finish surfaces and equipment and remove temporary fencing, barricades, planking and
construction toilet and similar temporary facilities from site.
27. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this
contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provisions is not inserted, or is not correctly inserted then upon application of either party the contract shall forthwith
be physically amended to make such insertion or correction.
28. EXCAVATION DEEPER THAN FOUR FEET: If this contract involves digging trenches or other excavations that extend deeper than four feet below
the surface, then all of the following apply:
a.
b.
c.
The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing of any: (1) Material that the
Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical
conditions at the site differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract.
Upon receiving any such notice, the District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or
do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of
the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ or involve hazardous waste,
or cause a decrease or increase in the Contractors’ cost of, or time required for, performance of any part of the work, the Contractor shall not
be excused from any scheduled completion date provided for by this contract, but shall proceed with all work to be performed under the
contract. A contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and
protest between the contracting parties.
29. REMOVAL OR RELOCATION OF MAIN OR TRUNKLINE UTILITY FACILITIES. The Contractor shall not be assessed for liquidated damages for
delay in completion of this project, when such delay was caused by the failure of the awarding authority of this contract or the owner of the utility to
provide for removal or relocation of the existing main or trunkline utility facilities; however, when the Contractor is aware that removal or relocation
of an existing utility has not been provided for, Contractor shall promptly notify the awarding authority and the utility in writing, so that provision for
such removal or relocation may be made to avoid and minimize any delay which might be caused by the failure to remove or relocate the main or
Page 19
trunkline utility facilities, or to provide for its removal or relocation. In accordance with section 4215 of the Government Code, if the Contractor while
performing the contract discovers any existing main or trunkline utility facilities not identified by the public agency in the contract plans or
specifications, he shall immediately notify the public agency and utility in writing. The public utility, where they are the owners, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The Contractor
shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing
or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project
necessarily idled during such work.
30. RESOLUTION OF CONSTRUCTION CLAIMS OF $375,000 OR LESS. For public work claims of $375,000 or less between Contractor and District,
if District has not elected to resolve disputes by arbitration pursuant to article 7.2 (commencing with section 10240) of chapter 1 of part 2 of the
Public Contract Code, the provisions of article 1.5 (commencing with section 20104) of chapter 1 of part 3 of the Public Contract Code apply
(“Article 1.5”).
For purposes of Article 1.5, “public work” has the same meaning as in sections 3100 and 3106 of the Civil Code. “Claim” means a separate
demand by Contractor for a time extension, or payment of money or damages for work done by or for Contractor, payment for which is not
otherwise expressly provided in the contract or to which Contractor would not otherwise be entitled, or a payment disputed by District.
Each claim shall be submitted in writing before the date of final payment and shall include all necessary substantiating documentation. District shall
respond in writing within forty-five (45) days of receipt of the claim if the claim is less than $50,000 (“$50,000 claim”) or within sixty (60) days of
receipt of the claim, if the claim is over $50,000 but less than or equal to $375,000 (“$50,000-$375,000 claim”). In either case, District may request
in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
District may have against the claimant. Any additional information shall be requested and provided upon mutual agreement of the District and the
claimant. District’s written response to the claim shall be submitted to claimant within fifteen (15) days after receipt of the further documentation for
$50,000 claims or within thirty (30) days after receipt of the further documentation for $50,000-$375,000 claims or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
Within fifteen (15) days of receipt the District’s response, if claimant disputes District’s written response or within fifteen (15) days of the District’s
failure to respond within the time prescribed, the claimant shall provide written notification to District demanding an informal conference to meet and
confer (“conference”) to be scheduled by the District within thirty (30) days. If the claim or any portion of the claim remains in dispute following the
meet and confer (“meet and confer conference”), the claimant may file a claim as provided in chapter 1 (commencing with section 900) and chapter
2 (commencing with section 910) of part 3 of division 3.6 of title 1 of the Government Code. For purposes of those provisions, the period of time
within which a claim must be filed is tolled from the time the claimant submits a written claim until the time the claim is denied, including time utilized
as a result of the meet and confer process.
If a civil action is filed to resolve claims within sixty (60) days (but no earlier than thirty (30) days) following the filing or responsive pleadings, the
court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide that
both parties select a disinterested third person mediator within fifteen (15) days, shall be commenced within thirty (30) days of the submittal and
concluded within fifteen (15) days from the commencement of the mediation unless time is extended upon a good case showing to the court or by
stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
If the material remains in dispute, the case shall be submitted to judicial arbitration pursuant to chapter 2.5 (commencing with section 1141.10) of
title 3 of part 3 of the Code of Civil Procedure, notwithstanding section 1141.11 of that code. The Civil Discovery Act of 1986 (article 3,
commencing with section 2016, of chapter 3 of title 3 or part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration. The court may, upon request by any party, order any witness to participate in
the mediation or arbitration process.
Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in
construction law and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates not to exceed
their customary rate. Such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall state or county funds pay these fees or expenses. Any party who, after receiving an
arbitration award requests a trial de novo but does not obtain a more favorable judgment, shall pay the attorney’s fees of the other party arising out
of the trial de novo in addition to payment of costs and fees required under chapter 2.5 (commencing with section 1141.10) of title 3 of part 3 of the
Code of Civil Procedure. District shall not fail to pay any portion of a claim which is undisputed unless otherwise provided herein and shall pay
interest at the legal rate commencing on the date the suit is filed in court on any arbitration award or judgment.
31. DRUG FREE/SMOKE FREE/ALCOHOL FREE POLICY. All District sites are designated drug free/smoke free/alcohol free. The use or abuse of
controlled substances, tobacco products, and alcohol will not be tolerated.
32. LICENSED CONTRACTOR. The Contractor shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed
in the appropriate classification required for the performance of this work, as determined by state and local government ordinance. This contract
shall commence on the date specified in this purchase order, with work to be completed within the time allotted herein.
33. NON-COLLUSION AFFIDAVIT. The party making the foregoing proposal certifies that the proposal is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham;
that the Contractor has not directly or indirectly induced or solicited any other bidder to put 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
Contractor 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.
34. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR OTHER INELIGIBILITY. (applicable to all orders or agreements funded in part
or in whole with federal funds) - The Supplier agrees to comply with applicable federal suspension and debarment regulations, including, but not
limited to, regulations implementing Executive Order 12549 (29 C.F.R. Part 98). The Supplier certifies to the best of its knowledge and belief that it
and its principals:
Page 20
a.
b.
c.
d.
e.
f.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency;
Have not, within a three-year period preceding the receipt of this purchase order, been convicted of, or had a civil judgment rendered against
them, for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state
or local) or private transaction or contract; (2) Violation of Federal or State antitrust statutes; (3) Commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or
obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and
directly affects Supplier’s present responsibility;
Are not presently indicted for, or otherwise criminally or civilly charged by any government entity (federal, state or local), with commission of
any of the offenses enumerated above;
Have not, within a three-year period preceding the receipt of this purchase order or agreement, had one or more public transactions (federal
state or local) terminated for cause or default;
Shall not, except as otherwise provided under applicable federal regulations, knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded by any federal department or agency
from participation in such transaction; and
Include in all lower tier covered transactions, and all solicitations for covered transactions, provisions substantially similar to those set forth
herein.
35. COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS. The Supplier shall comply with all lawful requirements of the United
States, the State of California, the District, and all applicable municipalities and local agencies. Such compliance shall include, but is not limited to,
all regulations regarding discharges to separate storm drain systems or other watercourses under their jurisdiction, including applicable
requirements in municipal storm water management programs.
36. STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. The District has adopted a Storm Water Management Plan (SWMP). The SWMP
was prepared in accordance with Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer
Systems (General NPDES Permit No. CAS000004) adopted by the State Water Resources Control Board. Contractor shall comply with the
District’s SWMP requirements and include all costs for compliance in the Contract amount. Contractor shall also comply with the lawful
requirements of other agencies regarding discharges to the storm drain system or other watercourses, including applicable City, County, State and
Federal storm water requirements.
The contractor shall, if required, shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior
to initiating work. The contractor shall be responsible for complying with the provisions of the Permit and the SWPPP, including the standard
provisions, monitoring and reporting requirements as required by Permit. It shall be the responsibility of the contractor to evaluate and include in
the bid the cost of complying with the SWPPP and any necessary revisions to the SWPPP. The contractor shall also include in their bid the cost of
monitoring as required by the SWPPP Permit. All trade contractors are responsible for repair and replacement of SWPPP control measures
disturbed by own operations. All trade contractors are responsible for adhering to the approved SWPPP plan.
37. DOCUMENTS. The contract entered into by this Agreement consists of the following contract documents , all of which are component parts of the
contract as if herein set out in full or attached hereto:
a.
b.
c.
Specifications
Payment and Performance Bonds (if applicable)
Purchase Order
Contractor:
District:
MiraCosta College District
By:
By:
Official Authorized Signature
Official Authorized Signature
Printed Name
Susan Asato
Printed Name
Its:
Title
Its:
Director of Purchasing & Material Management
Title
Date
Date
License Number:
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board. Any questions concerning a contractor may be
referred to the registrar of the board whose address is:
Contractors’ State License Board
9821 Business Park Drive
Sacramento, CA 95827
Phone: (916) 255-3900
http://www2.cslb.ca.gov/
(Business & Professions Code, Section 7030)
Page 21
ES
Capital Funding Request Funding Request Form
Page 22
PUBLIC WORKS AGREEMENT
FOR PROJECTS BETWEEN $45,001 AND $175,000
THIS CONTRACT is made and entered into on
, by and between the contractor
hereinafter called the “CONTRACTOR” and MiraCosta College District, hereinafter called the “DISTRICT”.
,
The Contractor shall furnish labor and materials to the District for the following named job:
in
accordance with the Terms & Conditions set forth in this agreement and incorporated herein by this reference and any specifications attached for a total
contract price of $
. The parties hereunto have subscribed to this Agreement, including any and all
specifications/proposals, purchase orders, bonds (if required) and terms and conditions as stated herein and/or attached. The Contractor accepts and
acknowledges by acceptance of this agreement that the provisions of this contract shall prevail over any conflicting provisions, whether written or oral.
The Contractor hereby agrees to abide by these terms and conditions upon being awarded the project as described.
1.
SCOPE OF WORK. The Contractor warrants that he has made a site examination as deemed necessary as to the condition of the site and
certifies all measurements, specifications and conditions affecting the work to be performed at the site. The Contractor proposes to furnish all
labor, equipment and materials to complete the work called for in the attached Job #
and all work shall be in accordance with the
terms, conditions and specifications provided herein.
2.
TIME FOR COMPLETION. The Completion Time shall begin on
and end on
. The Contractor shall forfeit and pay
the District $
/day as liquidated damages for each calendar day of unexcused delay that the work remains unfinished beyond the
Completion Time and that the District may deduct such liquidated damages from any payments due or to become due to Contractor. This provision
shall not limit any right or remedy of the District in the event any other default of the Contractor other than failing to complete the work within the
Completion Time.
3.
FORCE MAJEURE. The Contractor shall be excused from performance hereunder during the time and to the extent that he is prevented from
performing by act of God, fire, strike, lockout or commandeering of materials or facilities by the government, when satisfactory evidence thereof is
presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not
performing.
4.
INVOICES. Separate invoices are required for each purchase order. Invoices shall be submitted in duplicate and shall contain the following
information: purchase order number, item number and description, quantity, unit price and extended totals for items delivered. Sales tax, where
applicable, shall be shown separately. Shipping/handling/delivery charges shall also be shown separately and shall include the original or a copy of
the prepaid bill of lading. Failure to enter the above information on the invoice shall cause a delay in payment.
5.
Agreements and Bonds. The Agreement form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts
of surety bonds which he will be required to furnish at the time of execution of the Agreement, are included in the contract documents and shall be
carefully examined by the bidder. The required number of executed copies of the Agreement, the Performance Bond, and the Payment Bond for
Public Works is as specified in the Special Conditions.
The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest
standards the District is legally permitted to establish and which it has established.
The Payment Bond must be in the amount of 100 percent of the total amount payable. The Payment Bond must be executed by an admitted Surety
approved to conduct business in the State of California which meets the highest standards the District is legally permitted to establish. Bonds shall
be in the form set forth in the contract documents.
6.
INSPECTION, ACCEPTANCE AND PAYMENT. Inspection and acceptance will be determined by the Director of Facilities, unless otherwise
determined by the District. Payment shall be made upon completion and acceptance or work and receipt of proper invoice, net 30 days.
7.
CHANGE ORDERS. Change orders may not cause the total aggregate cost of the project to exceed $125,000 or the project will become subject to
competitive bidding. The District, without invalidating contract, and as provided by law, may order extra work or make changes by altering, adding
to, or deducting from work, with the contract sum being adjusted accordingly. All such work shall be subject to prevailing wage rates and shall be
executed under the conditions of the original Agreement except that any claim for extension of time caused thereby shall be adjusted at the time of
ordering such change. In giving instructions, Contractor agrees that the District shall have authority to make minor changes in work, not involving
change in cost, and not inconsistent with the purposes or approvals of the project. Otherwise, except in an emergency endangering life or property,
no extra work or change shall be made unless pursuant to a written order from District, and no claim for an addition to the contract sum shall be
valid unless so ordered.
8.
HEALTH AND SAFETY. The Supplier certifies that all goods and equipment furnished under this Agreement shall meet or exceed all applicable
federal and state health and safety regulations, including CAL-OSHA codes.
9.
TERMINATION. If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will insure its
completion within the time specified or any extension thereof, or fails to complete said work within such time, or if the Contractor should be
adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account
of insolvency, or if Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to
supply enough properly skilled workers or proper materials to complete the work in time specified, or should fail to make prompt payment to
subcontractors or for material or labor, or persistently disregard laws, ordinances or instructions of District, or otherwise be guilty of a substantial
violation of any provision of the contract, or if Contractor or subcontractors should violate any of the provisions of this contract, then District may,
without prejudice to any other right or remedy, serve written notice upon Contractor and surety of its intention to terminate this contract, such notice
to contain the reasons for such intention to terminate, and unless within ten days after the service of such notice such condition shall cease or such
violation shall cease and satisfactory arrangements for the correction thereof be made, this contract shall upon the expiration of said ten (10) days,
cease and terminate.
Page 23
10. MATERIALS. Contractor warrants good title to all material, supplies and equipment installed or included in the work. Except as otherwise
specifically stated in this contract, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation,
superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute
and complete this contract within specified time. Unless otherwise specified, all materials shall be new and both workmanship and materials shall
be of good quality. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work. Contractor shall
be entirely responsible for damage or loss by weather or other causes to materials or work under this contract.
11. INDEMNIFICATION. To the fullest extent permitted by law, and as a material part of this agreement, the Contractor shall indemnify, hold harmless
and defend, the District, it’s Board of Trustees, officers, agents, employees and volunteers against any and all liability, claims, damages, losses and
expenses, including reasonable attorneys’ fees, arising from all acts or omissions to act of the Contractor or its officers, agents, employees,
volunteers and subcontractors, excluding, however, such liability claims, losses, damages, or expenses arising from the District’s sole and active
negligence or willful acts. Contractor assumes complete liability for any goods or materials furnished by the District to the Contractor in connection
with this agreement. Contractor agrees to pay for such tools or materials spoiled by it or not otherwise accounted for to the District’s satisfaction.
The furnishing to Contractor of any goods or materials in connection with this agreement shall not be construed to vest title thereto in Contractor.
The District shall not be liable for any accident, loss, assault, battery, defamation, false arrest, false imprisonment, invasion of privacy, intentional or
negligent infliction of emotional distress, injury (including death) or damages happening or accruing during the term of the performance of the work
to persons and/or property, and Contractor’s shall fully indemnify and protect the District from and against the same.
12. INSURANCE REQUIREMENTS. The Contractor and it’s officers, employees, agents and subcontractors shall, at their expense, maintain and
comply with Insurance Requirements #1-6 below to protect Contractor and District from any and all claims for personal injury, bodily injury and
property damage arising from, pertaining to or relating to the scope of work under this agreement.
a.
b.
c.
d.
e.
f.
Commercial General Liability. Minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate for personal injury, bodily
injury an d property damage including products and completed operations, under Insurance Services Office Occurrence Number CA 00 01,
(any auto).
Automobile Liability. $1,000,000 per accident for bodily injury and property damage under Business Automobile Liability Coverage Form
Number CA 00 01, (any auto).
Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it.
Waiver of Subrogation. Contractor agrees that in the event of loss due to any perils for which it has agreed to provide Commercial General
and Automobile Liability insurance, Contractor shall look solely to its insurance carrier(s) for recovery and grants a waiver of any right to
subrogation which any such insurer of Contractor may acquire against the District by virtue of payments of any loss under this insurance.
Certificate of Insurance. Contractor shall furnish the District with original certificates of insurance and amendatory endorsements effecting
coverage required by this Agreement and indicating a thirty (30) day cancellation notice or notice of reduction in coverage.
Additional Insured. Insurance shall name the District and its Board of Trustees, officers, employees, agents and volunteers as Additional
Insured under said policy.
Premiums on all insurance policies shall be paid by Contractor and shall be deemed included in this contract.
13. WORKERS' COMPENSATION. The Contractor and all of their officers, employees, agents, volunteers, and subcontractors agree to; (1) procure
and maintain in full force and effect Workers’ Compensation and Employer’s Liability insurance covering its employees and agents while these
persons are participating in the scope of work hereunder: (2) The insurer for the Contractor shall agree to waive all rights of subrogation against
District, its Board of Trustees, officials, employees, agents and volunteers for losses under the terms of the insurance policy which arise from work
performed by the Contractor.
14. INDEPENDENT CONTRACTOR. While providing the goods or services ordered herein, the Supplier is an independent contractor and not an
officer, employee or agent of the District.
15. NON-DISCRIMINATION ENDORSEMENT. It is the policy of the Contractor and District mutually agree that they will comply with all applicable
Federal and California state anti-discrimination laws and regulations and agree not to unlawfully discriminate against any prospective or active
employee engaged in the work on the basis of race, color, age, ancestry, national origin, sex, religious creed, marital status, or physical or mental
disability, or sexual orientation or any other category protected by law, including but not limited to, the California Fair Employment Practice Act,
beginning with Labor Code Section 1410, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by all
subcontractors employed. Contractor and District mutually agree that they will comply with all applicable federal and state anti-discrimination laws
and regulations, and agree not to unlawfully discriminate against Students on the basis of race, color, creed, religion, sex, age, national origin,
ancestry, marital status, physical or mental disability, sexual orientation, or any other category protected by law.
16. COMPLIANCE WITH GOVERNING LAWS. The Contractor and all of its employees, volunteers, Board members and subcontractors shall be subject
to and shall comply with all federal, state, and local laws and regulations, including Cal/OSHA General Industry Safety Orders, applicable with respect
to its performance under this agreement, both current and future, including but not limited to, licensing and permits, employment practices and wages,
hours and conditions of employment, including nondiscrimination. The Contractor shall be solely responsible and hold harmless the District against
any and all costs arising from, pertaining to or relating to failure to comply with such laws, rules or regulations. To the extent compliance is required;
Contractor shall comply with all the District safety rules and regulations when on the District's premises. In the event of litigation, the agreement and
related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate state
or federal court located in San Diego County.
17. Labor Compliance Program. This contract is subject to a labor compliance program, as described in subdivision (b) of Section 1771.5 of the
Labor Code. If this contract is subject to the requirements of Section 1771.7 of the Labor Code, the District to is required initiate and enforce a labor
compliance program, as described in subdivision (b) of Section 1771.5 of the Labor Code. The law requires that District’s labor compliance program
shall include, but not be limited to, the following requirements:
a.
b.
c.
All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter.
A pre-job conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements
applicable to the contract.
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.
Page 24
d.
e.
f.
The District shall review, and, if appropriate, audit payroll records to verify compliance with this chapter.
The District shall withhold contract payments when payroll records are delinquent or inadequate.
The District shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it
is established that underpayment has occurred.
The District shall enforce a labor compliance program. A copy of the labor compliance program as currently adopted by the District is included with
these bid documents. The labor compliance program which is approved by the Director of the Department of Industrial Relations (the “Labor
Compliance Program”) is incorporated by reference into the Contract and it will be enforced as required by state law and regulations and the
Director of the Department of Industrial Relations.
17. WAGE RATES. Pursuant to the provisions of article 2 (commencing at section 1770), chapter 1, part 7, division 2 of the Labor Code of California,
the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which this public work is to be
performed for each craft, classification or type of worker needed to execute the contract. Copies of said determinations are on file at District’s
principal office and available to any interested party on request. Refer to Web site (www.dir.ca.gov). Holiday and overtime work, when permitted by
law, shall be paid for at a rate of at least one and one-half times the general prevailing rate of per diem wages as determined by the Director of
Industrial Relations, unless otherwise specified. Each worker of the Contractor or any of his subcontractors engaged in work on the project shall be
paid not less than the general prevailing rate of per diem wages determined by the Director of Industrial Relations, regardless of any contractual
relationship which may be alleged to exist between the Contractor or any subcontractor and such workers.
Each worker needed to execute the work on the project shall be paid travel and subsistence payments, as such travel and subsistence payments
are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations in accordance with Labor Code
section 1173.8.
The Contractor shall, as a penalty to the District, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker
paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any
public work done under the contract by him or by any subcontractor under him. Prevailing wage rates shall also be used when determining wages
paid for change order items. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of
the Contractor’s mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor in
meeting his prevailing wage obligations, or the Contractor’s willful failure to pay the correct rates of prevailing wages. 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, and the Contractor shall be bound by the provisions of Labor Code section
1775.
Any worker employed to perform work on the project, which work is not covered by any classification listed in the general prevailing rate of per diem
wages determined by the Director of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the
classification which most nearly corresponds to work to be performed. Such minimum wage rate shall be retroactive to the time of initial
employment of such person in such classification.
Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation,
travel time, subsistence pay and similar purposes. Contractor shall post at appropriate conspicuous points on the site of project, a schedule
showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.
Contractor and each subcontractor shall keep an accurate payroll record, 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 in connection with the public work.
The payroll records required above shall be certified and shall be available for inspection at all reasonable hours at the principal office of the
Contractor on the following basis:
d)
e)
f)
A certified copy of an employee’s payroll record shall be made available for inspection or furnished to such employee or his or her authorized
representative on request.
A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of District, the
Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided,
however, that a request by the public shall be made through either the District, the Division of Apprenticeship Standards, or the Division of
Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
Contractor shall file a certified copy of the records required above with the District or entity that requested such records within ten days after receipt
of a written request. Any copies of records made available for inspection as copies and furnished upon request to the public or any public agency
by the District, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a
manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor shall not
be marked or obliterated.
Contractor shall inform the District of the location of the records required above, including the street address, city and county, and shall, within five
working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this article regarding maintenance of records, the Contractor shall have ten days in which to
comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this article. Should noncompliance still
be evident after such ten-day period, the Contractor shall, as a penalty by the District, 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, such penalty shall be withheld from progress payments then due.
49. APPRENTICES. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed
provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the
responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section
which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be
Page 25
paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the
work of the craft or trade to which he is registered.”
Only apprentices, as defined in section 3077, who are in training under apprenticeship standards and written apprentice agreements under chapter
4 (commencing with section 3070), of division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of
each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he or she is
training.
When the contractor to whom the contract is awarded by the District, in performing any of the work under the contract or subcontract, employs
workers in any apprenticeable craft or trade, the contractor and subcontractor shall apply to the joint apprenticeship committee administering the
apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor
under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as
established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint
apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of
apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award
information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the
contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty
upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the
public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not
be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local
apprenticeship standards. The ratio of work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work
may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, 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 labor performed by a journeyman.
However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen.
Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship
committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except
for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as above before the end of the
contract. 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 job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or
trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than
one apprentice for each five journeymen in a craft or trade classification.
The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously
approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of his contracts on an
annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor
classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards my grant a certificate exempting the Contractor
from the 1-to-5 hourly ratio as set forth in the section. This section shall 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 ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight
hours per day or 40 hours per week to calculate the hourly ratio.
“Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with the
rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate,
which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section
when it finds that any one of the following conditions is met: a) Unemployment for the previous three-month period in such area exceeds an
average of 15 percent. b) The number of apprentices in training in such area exceeds a ratio of 1-to-5. c) If 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. d) Assignment of an apprentice to any work performed under a public works contract would create a condition which
would jeopardize his life, or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to
be assigned is of such a nature that training cannot be provided by a journeyman.
When exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis,
the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
A contractor to whom the contract is awarded, or any subcontractor under him who, employs journeymen or apprentices in any apprenticeable craft
or trade to perform work under the contract and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in
any craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are
contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the
same amount or upon the same basis and in the same manner as the other contractors do. Where the trust fund administrators are unable to
accept the fund, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. This contractor
or subcontractor may add the amount of the contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is
authorized to enforce the payment of the contributions to the fund or funds as set forth in Labor Code section 227.
The District 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. All decisions of the joint apprenticeship
committee under this section are subject to Labor Code section 3081.
50. WORK HOURS. As provided in article 3 (commencing at section 1810), chapter 1, part 7, division 2 of the Labor Code, eight (8) hours of labor shall
constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any
subcontract under this contact upon the work or upon any part of the work contemplated by this contract is limited and restricted to eight (8) hours
during any one-calendar day and forty (40) hours during any one-calendar week, except as hereinafter provided. Notwithstanding the provisions
hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week,
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shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.
The Contractor and every subcontractor shall keep accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by him in connection with the work or any part of the work contemplated by this contract. The record shall
be kept open at all reasonable hours to the inspection of the District and the Division of Labor Law Enforcement, Department of Industrial Relations
of the State of California.
The Contractor shall pay to the District a penalty of twenty-five dollars ($25) for each worker employed in the execution of this contract by the
Contractor or by any subcontractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more
than eight (8) hours in any calendar day and forty (40) hours in any one calendar week in violation of the provisions of article 3 (commencing at
section 1810), chapter 1, part 7, division 2 of the Labor Code. Any work necessary to be performed after regular working hours, or on Sundays or
other holidays shall be performed without additional expense to District
51. SUBCONTRACTING. Contractor agrees to bind every subcontractor by terms of the contract as far as such terms are applicable to subcontractor’s
work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to District for acts and omissions of
subcontractor and of persons either directly or indirectly employed. Nothing contained in these contract documents shall create any contractual
relation between any subcontractor and District.
52. ASSIGNMENT. Contractor shall not assign or transfer by operation or law or otherwise any or all of its rights, burdens, duties, or obligations under
this contract without prior written consent of District.
53. PATENTS, ROYALTIES AND INDEMNITIES. The Contractor shall hold and save the District and its officers, agents and employees harmless from
liability of any nature or kind, including cost and expense, for or on account of any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of this contract, including its use by the District, unless otherwise specifically stipulated in the contract
documents.
54. GUARANTEE. Besides guarantees required elsewhere, Contractor shall, and hereby does, guarantee all work for a period of one year after date
of acceptance of work by District and shall repair or replace any or all such work, together with any other work, which may be displaced in so doing,
that may prove defective in workmanship and/or materials within a one-year period from date of acceptance without expense whatsoever to District,
ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects with reasonable promptness. Contractor
shall notify District upon completion of repairs.
This article does not in any way limit the guarantee of any items for which a longer guarantee is specified or on any items for which a manufacturer
gives a guarantee for a longer period. Contractor shall furnish District all appropriate guarantee or warranty certificates upon completion of the
project.
55. PROTECTION OF WORK AND PROPERTY: The Contractor shall be responsible for all damages to persons or property that occur as a result of
his fault or negligence in connection with the prosecution of this contract and shall be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the District. All work shall be solely at the Contractor’s risk. Contractor
shall adequately protect adjacent property from settlement or loss of lateral support as provided by law and contract documents. Contractor shall
take all necessary precautions for safety of employees on the work and shall comply with all applicable safety laws and building codes to prevent
accidents or injury to persons on, about, or adjacent to premises where work is being performed. Contractor shall erect and properly maintain at all
times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, light and watchmen for protection of workers and
the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a
responsible member of the organization on the work, whose duty shall be prevention of accidents. Contractor shall report name and position of
person so designated to District.
56. CLEAN UP: Contractor at all times shall keep premises free from debris such as waste, rubbish and excess materials and equipment caused by
his work; debris shall be removed from premises. Contractor shall not leave debris under, in, or about the premises. Upon completion of work
Contractor shall clean interior and exterior of building including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal
projections and any areas where debris has collected so surfaces are free from foreign material or discoloration; Contractor shall clean and polish
all glass, plumbing fixtures and finish hardware and similar finish surfaces and equipment and remove temporary fencing, barricades, planking and
construction toilet and similar temporary facilities from site.
57. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this
contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provisions is not inserted, or is not correctly inserted then upon application of either party the contract shall forthwith
be physically amended to make such insertion or correction.
58. EXCAVATION DEEPER THAN FOUR FEET: If this contract involves digging trenches or other excavations that extend deeper than four feet below
the surface, then all of the following apply:
d.
e.
f.
The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing of any: (1) Material that the
Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical
conditions at the site differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract.
Upon receiving any such notice, the District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or
do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of
the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ or involve hazardous waste,
or cause a decrease or increase in the Contractors’ cost of, or time required for, performance of any part of the work, the Contractor shall not
be excused from any scheduled completion date provided for by this contract, but shall proceed with all work to be performed under the
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contract. A contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and
protest between the contracting parties.
59. REMOVAL OR RELOCATION OF MAIN OR TRUNKLINE UTILITY FACILITIES. The Contractor shall not be assessed for liquidated damages for
delay in completion of this project, when such delay was caused by the failure of the awarding authority of this contract or the owner of the utility to
provide for removal or relocation of the existing main or trunkline utility facilities; however, when the Contractor is aware that removal or relocation
of an existing utility has not been provided for, Contractor shall promptly notify the awarding authority and the utility in writing, so that provision for
such removal or relocation may be made to avoid and minimize any delay which might be caused by the failure to remove or relocate the main or
trunkline utility facilities, or to provide for its removal or relocation. In accordance with section 4215 of the Government Code, if the Contractor while
performing the contract discovers any existing main or trunkline utility facilities not identified by the public agency in the contract plans or
specifications, he shall immediately notify the public agency and utility in writing. The public utility, where they are the owners, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The Contractor
shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing
or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project
necessarily idled during such work.
60. RESOLUTION OF CONSTRUCTION CLAIMS OF $375,000 OR LESS. For public work claims of $375,000 or less between Contractor and District,
if District has not elected to resolve disputes by arbitration pursuant to article 7.2 (commencing with section 10240) of chapter 1 of part 2 of the
Public Contract Code, the provisions of article 1.5 (commencing with section 20104) of chapter 1 of part 3 of the Public Contract Code apply
(“Article 1.5”).
For purposes of Article 1.5, “public work” has the same meaning as in sections 3100 and 3106 of the Civil Code. “Claim” means a separate
demand by Contractor for a time extension, or payment of money or damages for work done by or for Contractor, payment for which is not
otherwise expressly provided in the contract or to which Contractor would not otherwise be entitled, or a payment disputed by District.
Each claim shall be submitted in writing before the date of final payment and shall include all necessary substantiating documentation. District shall
respond in writing within forty-five (45) days of receipt of the claim if the claim is less than $50,000 (“$50,000 claim”) or within sixty (60) days of
receipt of the claim, if the claim is over $50,000 but less than or equal to $375,000 (“$50,000-$375,000 claim”). In either case, District may request
in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
District may have against the claimant. Any additional information shall be requested and provided upon mutual agreement of the District and the
claimant. District’s written response to the claim shall be submitted to claimant within fifteen (15) days after receipt of the further documentation for
$50,000 claims or within thirty (30) days after receipt of the further documentation for $50,000-$375,000 claims or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
Within fifteen (15) days of receipt the District’s response, if claimant disputes District’s written response or within fifteen (15) days of the District’s
failure to respond within the time prescribed, the claimant shall provide written notification to District demanding an informal conference to meet and
confer (“conference”) to be scheduled by the District within thirty (30) days. If the claim or any portion of the claim remains in dispute following the
meet and confer (“meet and confer conference”), the claimant may file a claim as provided in chapter 1 (commencing with section 900) and chapter
2 (commencing with section 910) of part 3 of division 3.6 of title 1 of the Government Code. For purposes of those provisions, the period of time
within which a claim must be filed is tolled from the time the claimant submits a written claim until the time the claim is denied, including time utilized
as a result of the meet and confer process.
If a civil action is filed to resolve claims within sixty (60) days (but no earlier than thirty (30) days) following the filing or responsive pleadings, the
court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide that
both parties select a disinterested third person mediator within fifteen (15) days, shall be commenced within thirty (30) days of the submittal and
concluded within fifteen (15) days from the commencement of the mediation unless time is extended upon a good case showing to the court or by
stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
If the material remains in dispute, the case shall be submitted to judicial arbitration pursuant to chapter 2.5 (commencing with section 1141.10) of
title 3 of part 3 of the Code of Civil Procedure, notwithstanding section 1141.11 of that code. The Civil Discovery Act of 1986 (article 3,
commencing with section 2016, of chapter 3 of title 3 or part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration. The court may, upon request by any party, order any witness to participate in
the mediation or arbitration process.
Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in
construction law and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates not to exceed
their customary rate. Such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall state or county funds pay these fees or expenses. Any party who, after receiving an
arbitration award requests a trial de novo but does not obtain a more favorable judgment, shall pay the attorney’s fees of the other party arising out
of the trial de novo in addition to payment of costs and fees required under chapter 2.5 (commencing with section 1141.10) of title 3 of part 3 of the
Code of Civil Procedure. District shall not fail to pay any portion of a claim which is undisputed unless otherwise provided herein and shall pay
interest at the legal rate commencing on the date the suit is filed in court on any arbitration award or judgment.
61. DRUG FREE/SMOKE FREE/ALCOHOL FREE POLICY. All District sites are designated drug free/smoke free/alcohol free. The use or abuse of
controlled substances, tobacco products, and alcohol will not be tolerated.
62. LICENSED CONTRACTOR. The Contractor shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed
in the appropriate classification required for the performance of this work, as determined by state and local government ordinance. This contract
shall commence on the date specified in this purchase order, with work to be completed within the time allotted herein.
63. NON-COLLUSION AFFIDAVIT. The party making the foregoing proposal certifies that the proposal is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham;
that the Contractor has not directly or indirectly induced or solicited any other bidder to put 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
Contractor 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
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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.
64. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR OTHER INELIGIBILITY. (applicable to all orders or agreements funded in part
or in whole with federal funds) - The Supplier agrees to comply with applicable federal suspension and debarment regulations, including, but not
limited to, regulations implementing Executive Order 12549 (29 C.F.R. Part 98). The Supplier certifies to the best of its knowledge and belief that it
and its principals:
a.
b.
c.
d.
e.
f.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency;
Have not, within a three-year period preceding the receipt of this purchase order, been convicted of, or had a civil judgment rendered against
them, for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state
or local) or private transaction or contract; (2) Violation of Federal or State antitrust statutes; (3) Commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or
obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and
directly affects Supplier’s present responsibility;
Are not presently indicted for, or otherwise criminally or civilly charged by any government entity (federal, state or local), with commission of
any of the offenses enumerated above;
Have not, within a three-year period preceding the receipt of this purchase order or agreement, had one or more public transactions (federal
state or local) terminated for cause or default;
Shall not, except as otherwise provided under applicable federal regulations, knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded by any federal department or agency
from participation in such transaction; and
Include in all lower tier covered transactions, and all solicitations for covered transactions, provisions substantially similar to those set forth
herein.
65. COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS. The Supplier shall comply with all lawful requirements of the United
States, the State of California, the District, and all applicable municipalities and local agencies. Such compliance shall include, but is not limited to,
all regulations regarding discharges to separate storm drain systems or other watercourses under their jurisdiction, including applicable
requirements in municipal storm water management programs.
66. DOCUMENTS. The contract entered into by this Agreement consists of the following contract documents , all of which are component parts of the
contract as if herein set out in full or attached hereto:
d.
e.
f.
Specifications / Job #
Payment and Performance Bonds (if applicable)
Purchase Order
Contractor:
District:
MiraCosta College District
By:
By:
Official Authorized Signature
Official Authorized Signature
Printed Name
Susan Asato
Printed Name
Its:
Title
Its:
Director of Purchasing & Material Management
Title
Date
Date
License Number:
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board. Any questions concerning a contractor may be
referred to the registrar of the board whose address is:
Contractors’ State License Board
9821 Business Park Drive
Sacramento, CA 95827
Phone: (916) 255-3900
http://www2.cslb.ca.gov/
(Business & Professions Code, Section 7030)
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California Uniform Public
Construction Cost Accounting Act
(CUPCCAA)
Governing Board Resolutions
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Page 31
Page 32
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Appendix A
Applicable Public Contract Code
Page 35
PUBLIC CONTRACT CODE SECTION 22000-22045
22000. This chapter shall be known and may be cited as the "Uniform Public Construction
Cost Accounting Act."
22001.
The Legislature finds and declares that there is a statewide need to promote
uniformity of the cost accounting standards and bidding procedures on construction work
performed or contracted by public entities in the state. This chapter provides for the
development of cost accounting standards and an alternative method for the bidding of
public works projects by public entities.
22001.5. On or before January 1, 2009, the Controller shall send a notice to all public
agencies describing the provisions of this chapter and the benefits of using its
provisions. This notice shall also be included in any notification issued by the
Controller pursuant to Section 22020.
22002. (a) "Public agency," for purposes of this chapter, means a city, county, city and
county, including chartered cities and chartered counties, any special district, and any
other agency of the state for the local performance of governmental or proprietary
functions within limited boundaries. "Public agency" also includes a nonprofit transit
corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
(b) "Representatives of the construction industry" for purposes of this chapter,
means a general contractor, subcontractor, or labor representative with experience in the
field of public works construction.
(c) "Public project" means any of the following: (1) Construction, reconstruction,
erection, alteration, renovation, improvement, demolition, and repair work involving any
publicly owned, leased, or operated facility. (2) Painting or repainting of any publicly
owned, leased, or operated facility. (3) In the case of a publicly owned utility system,
"public project" shall include only the construction, erection, improvement, or repair of
dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and
higher.
(d) "Public project" does not include maintenance work. For purposes of this
section, "maintenance work" includes all of the following: (1) Routine, recurring, and
usual work for the preservation or protection of any publicly owned or publicly operated
facility for its intended purposes. (2) Minor repainting. (3) Resurfacing of streets and
highways at less than one inch. (4) Landscape maintenance, including mowing, watering,
trimming, pruning, planting, replacement of plants, and servicing of irrigation and
sprinkler systems. (5) Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems, including, but not limited to, dams, reservoirs,
power plants, and electrical transmission lines of 230,000 volts and higher.
(e) For purposes of this chapter, "facility" means any plant, building, structure,
ground facility, utility system, subject to the limitation found in paragraph (3) of
subdivision (c), real property, streets and highways, or other public work improvement.
22003.
A public agency which has, by resolution, elected to become subject to the
uniform construction cost accounting procedures set forth in Article 2 (commencing with
Section 22010), may utilize the bidding procedures set forth in Article 3 (commencing
with Section22030) when contracting for "maintenance work," as defined in Section22002,
or when contracting for any other work which does not fall within the definition of
"public project," as defined in Section22002.
22010.
There is hereby created the California Uniform Construction Cost Accounting
Commission. The commission is comprised of 14members.
(a) Thirteen of the members shall be appointed by the Controller as follows:
(1)
Two members who shall each have at least 10 years of experience with, or providing
professional services to, a general contracting firm engaged, during that period, in
public works construction in California.
(2) Two members who shall each have at least
10 years of experience with, or providing professional services to, a firm or firms
engaged, during that period, in subcontracting for public works construction in
California.
(3) Two members who shall each be a member in good standing of, or have
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provided professional services to, an organized labor union with at least 10 years of
experience in public works construction in California.
(4) Seven members who shall each
be experienced in, and knowledgeable of, public works construction under contracts let by
public agencies; two each representing cities, counties, respectively, and two
representing school districts (one with an average daily attendance over 25,000 and one
with an average daily attendance under 25,000), and one member representing a special
district. At least one of the two county representatives shall be a county auditor or his
or her designee.
(b) The member of the Contractors' State License Board who is a general engineering
contractor as that term is defined in Section7056 of the Business and Professions Code
shall serve as an exofficio voting member.
22011. The Controller, in an effort to select highly qualified commission members, shall
solicit from organized representatives of the construction industry and public agencies
recommendations for appointments to the commission.
22012. At least one commission member of the seven representing theconstruction industry
and at least one of the seven representingpublic agencies shall have previous accounting
experience.
22013. The commission members shall select a chairperson from among its membership. The
chairperson shall serve as chair for a term of one year from the date of selection or
February 1, whichever comes first. In no event shall two consecutive chairpersons be
appointees representing either the construction industry or public agencies.
22014. (a) The members of the commission shall hold office for terms of three years, and
until their successors are appointed, except as otherwise provided for in this section.
(b) In the case of members initially appointed by the Controller, two representing
the construction industry and two representingpublic agencies shall be appointed to serve
until July 1, 1985; two representing the construction industry and two representing
public agencies shall be appointed to serve until July 1, 1986; and three representing
the construction industry and three representing public agencies shall be appointed to
serve until July 1, 1987.
(c) Members may be reappointed for subsequent terms of three years.
(d) The Controller shall, within 45 days after the expiration of any term, appoint
a replacement to fill the vacancy on the commission.
22015. (a) The Controller shall make available for the conduct of the commission's
business, such staff and other support as does not conflict with the accomplishment of
the other business of the office of the Controller.
(b) Each member of the commission shall serve without compensation, but shall be
reimbursed for travel and other expenses necessarily incurred in the performance of the
member's duties.
(c) The commission may accept grants from federal, state, or local public agencies,
or from private foundations or individuals, in order to assist it in carrying out its
duties, functions, and powers under this chapter.
22016. The commission shall meet not less than once each year, at time and place chosen
by its membership.
22017.
The commission shall do all of the following:
(a) After due deliberation and study, recommend for adoption by the Controller,
uniform construction cost accounting procedures for implementation by public agencies in
the performance of, or in contracting for, construction on public projects. The
procedures shall, to the extent deemed feasible and practicable by the commission,
incorporate, or be consistent with construction cost accounting procedures and reporting
requirements utilized by state and federal agencies on public projects, and be uniformly
applicable to all public agencies which elect to utilize the uniform procedures. As part
of its deliberations and review, the commission shall take into consideration relevant
provisions of Office of Management and Budget Circular A-76.
(b) After due deliberation and study, recommend for adoption by the Controller cost
accounting procedures designed especially for implementation by California cities with a
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population of less than75,000. The procedures shall incorporate cost accounting and
reporting requirements deemed practicable and applicable to all cities under 75,000
population which elect to utilize the uniform procedures. For purposes of these cost
accounting procedures, the following shall apply:
(1) Cities with a population of less
than 75,000 shall assume an overhead rate equal to 20 percent of the total costs of a
public project, including the costs of material, equipment, and labor.
(2) Cities with
a population of more than 75,000 may either calculate an actual overhead rate or assume
an overhead rate equal to30 percent of the total costs of a public project, including the
costs of material, equipment, and labor.
(c) Recommend for adoption by the Controller, procedures and standards for the
periodic evaluation and adjustment, as necessary, of the monetary limits specified in
Section 22032.
(d) The commission shall make an annual report to the Legislature with respect to
its activities and operations, together with those recommendations as it deems necessary.
22018.
The Controller shall, upon receipt of the commission’s recommendations, review
and evaluate the recommended procedures and either formally adopt or reject the
recommended procedures within 90days of submission by the commission.
22019.
Upon determining that the recommended
procedures will serve the best interests of the
formal adoption by the Controller, the Controller
for all public agencies electing to participate,
adoption and implementation by any public agency.
uniform construction cost accounting
state and public agencies, and upon
shall promulgate the uniform procedure
together with instructions for their
22020.
In accordance with procedures and standards adopted pursuant to Section 22017,
every five years the commission shall consider whether there have been material changes
in public construction costs and make recommendations to the Controller regarding
adjustments in the monetary limits prescribed by Section 22032, but in no case shall the
amount, as adjusted, be less than fifteen thousand dollars($15,000). Any adjustment shall
be effective beginning with the fiscal year which commences not less than 60 days
following the Controller’s notification to all public agencies of the adjustment. That
notification shall also describe the provisions of this chapter and the benefits of using
its provisions.
22030.
This article applies only to a public agency whose governing board has by
resolution elected to become subject to the uniform construction cost accounting
procedures set forth in Article 2(commencing with Section 22010) and which has notified
the Controller of that election. In the event of a conflict with any other provision of
law relative to bidding procedures, this article shall apply to any public agency which
has adopted a resolution and so notified the Controller.
22031. (a) Prior to January 1, 2013, this article shall not prohibit a board of
supervisors or a county road commissioner from utilizing, as an alternative to the
procedures set forth in this article, the procedures set forth in Article 25 (commencing
with Section 20390) of Chapter 1.
(b) On or after January 1, 2013, this article shall not prohibit a board of
supervisors or a county road commissioner from utilizing, as an alternative to the
procedures set forth in this article, the procedures set forth in Article 25 (commencing
with Section 20390) of Chapter 1 for both of the following:
(1) Maintenance and emergency work.
(2) New road construction and road reconstruction as long as the total annual
value of the new road construction and the road reconstruction performed under the
procedures set forth in subdivision (c) of Section 20395 does not exceed 30 percent of
the total value of all work performed by force account other than maintenance as reported
in the Controller's Streets and Roads Annual Report as of January 1 of each year.
(c) On or after January 1, 2013, for a county with a population of less than
50,000, this article shall not prohibit a board of supervisors or a county road
commissioner from utilizing, as an alternative to the procedures set forth in this
article, the procedures set forth in Article 25 (commencing with Section 20390) of
Chapter 1.
Page 38
(d) The requirements set forth in Section 22038 shall apply to any county subject
to this section.
(e) Any county board of supervisors or county road commissioner acting pursuant to
the authority granted in paragraph (2) of subdivision (b) shall declare its intention to
use this authority prior to commencing work.
22032. (a) Public projects of forty-five thousand dollars ($45,000) or less may be
performed by the employees of a public agency by force account, by negotiated contract,
or by purchase order.
(b) Public projects of one hundred seventy-five thousand dollars ($175,000) or
less may be let to contract by informal procedures as set forth in this article.
(c) Public projects of more than one hundred seventy-five thousand dollars
($175,000) shall, except as otherwise provided in this article, be let to contract by
formal bidding procedure.
22033.
It shall be unlawful to split or separate into smaller work orders or projects
any project for the purpose of evading the provisions of this article requiring work to
be done by contract after competitive bidding.
22034. Each public agency that elects to become subject to the uniform construction
accounting procedures set forth in Article 2 (commencing with Section 22010) shall enact
an informal bidding ordinance to govern the selection of contractors to perform public
projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of
the following:
(a) The public agency shall maintain a list of qualified contractors, identified
according to categories of work. Minimum criteria for development and maintenance of the
contractors list shall be determined by the commission.
(b) All contractors on the list for the category of work being bid or all
construction trade journals specified in Section 22036, or both all contractors on the
list for the category of work being bid and all construction trade journals specified in
Section 22036, shall be mailed a notice inviting informal bids unless the product or
service is proprietary.
(c) All mailing of notices to contractors and construction trade journals
pursuant to subdivision (b) shall be completed not less than 10 calendar days before bids
are due.
(d) The notice inviting informal bids shall describe the project in general
terms and how to obtain more detailed information about the project, and state the time
and place for the submission of bids.
(e) The governing body of the public agency may delegate the authority to award
informal contracts to the public works director, general manager, purchasing agent, or
other appropriate person.
(f) If all bids received are in excess of one hundred seventy-five thousand
dollars ($175,000), the governing body of the public agency may, by adoption of a
resolution by a four-fifths vote, award the contract, at one hundred eighty-seven
thousand five hundred dollars ($187,500) or less, to the lowest responsible bidder, if it
determines the cost estimate of the public agency was reasonable.
22035. (a) In cases of emergency when repair or replacements are necessary, the governing
body may proceed at once to replace or repair any public facility without adopting plans,
specifications, strain sheets, or working details, or giving notice for bids to let
contracts. The work may be done by day labor under the direction of the governing body,
by contractor, or by a combination of the two.
(b) In case of an emergency, if notice for bids to let contracts will not be
given, the public agency shall comply with Chapter 2.5(commencing with Section 22050).
22035.5. In counties that are under court order to relieve justice facility overcrowding,
the procedures and restrictions specified in Section 20134 shall apply to all contracts
issued under this chapter.
22036.
The commission shall determine, on a county-by-county basis, the appropriate
construction trade journals which shall receive mailed notice of all informal and formal
construction contracts being bid for work within the specified county.
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22037. Notice inviting formal bids shall state the time and place for the receiving and
opening of sealed bids and distinctly describe the project. The notice shall be published
at least 14 calendar days before the date of opening the bids in a newspaper of general
circulation, printed and published in the jurisdiction of the public agency; or, if there
is no newspaper printed and published within the jurisdiction of the public agency, in a
newspaper of general circulation which is circulated within the jurisdiction of the
public agency, or, if there is no newspaper which is circulated within the jurisdiction
of the public agency, publication shall be by posting the notice in at least three places
within the jurisdiction of the public agency as have been designated by ordinance or
regulation of the public agency as places for the posting of its notices. The notice
inviting formal bids shall also be mailed to all construction trade journals specified in
Section 22036. The notice shall be mailed at least 30 calendar days before the date of
opening the bids. In addition to notice required by this section, the public agency may
give such other notice as it deems proper.
22038.
(a) In its discretion, the public agency may reject any bids presented, if the
agency, prior to rejecting all bids and declaring that the project can be more
economically performed by employees of the agency, furnishes a written notice to an
apparent low bidder. The notice shall inform the bidder of the agency's intention to
reject the bid and shall be mailed at least two business days prior to the hearing at
which the agency intends to reject the bid. If after the first invitation of bids all
bids are rejected, after reevaluating its cost estimates of the project, the public
agency shall have the option of either of the following:
(1) Abandoning the project or
readvertising for bids in the manner described by this article.
(2) By passage of a
resolution by a four-fifths vote of its governing body declaring that the project can be
performed more economically by the employees of the public agency, may have the project
done by force account without further complying with this article.
(b) If a contract is
awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are
the same and the lowest, the public agency may accept the one it chooses.
(c) If no
bids are received through the formal or informal procedure, the project may be performed
by the employees of the public agency by force account, or negotiated contract without
further complying with this article.
22039.
The governing body of the public agency shall adopt plans, specifications, and
working details for all public projects exceeding the amount specified in subdivision (c)
of Section 22032.
22040. Any person may examine the plans, specifications, or working details, or all of
these, adopted by the public agency for any project.
22041. This article does not apply to the construction of any public building used for
facilities of juvenile forestry camps or juvenile homes, ranches, or camps established
under Article 15(commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code, if a major portion of the construction work is to be
performed by wards of the juvenile court assigned to those camps, ranches, or homes.
22042. The commission shall review the accounting procedures of any participating public
agency where an interested party presents evidence that the work undertaken by the public
agency falls within any of the following categories:
(a) Is to be performed by a public agency after rejection of all bids, claiming
work can be done less expensively by the public agency.
(b) Exceeded the force account limits.
(c) Has been improperly classified as maintenance.
22043.
In those circumstances as set forth in subdivision (a) of Section 22042, a
request for commission review shall be in writing, sent by certified or registered mail
received by the commission postmarked not later than five business days from the date the
public agency has rejected all bids. In those circumstances set forth in subdivision (b)
or (c) of Section 22042, a request for commission review shall be by letter received by
the commission not later than five days from the date an interested party formally
complains to the public agency. The commission review shall commence immediately and
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conclude within 30 days from the receipt of the request for commission review. During the
review of a project that falls within subdivision (a) of Section 22042, the agency shall
not proceed on the project until a final decision is received by the commission.
22044.
The commission shall prepare written findings. Should the commission find that
the provisions of this chapter or of the uniform cost accounting procedures provided for
in this chapter were not complied with by the public agency, the following steps shall be
implemented by that agency:
(a) On those projects set forth in subdivision (a) of Section22042, the public
agency has the option of either (1) abandoning the project, or (2) awarding the project
to the lowest responsible bidder.
(b) On those projects set forth in subdivision (b) or (c) of Section 22042, the
public agency shall present the commission's findings to its governing body and that
governing body shall conduct a public hearing with regard to the commission's findings
within 30days of receipt of the findings.
22044.5. If the commission makes a finding, in accordance with Section 22043, on three
separate occasions within a 10-year period, that the work undertaken by a public agency
falls within any of the categories described in Section 22042, the commission shall
notify the public agency of that finding in writing by certified mail and the public
agency shall not use the bidding procedures provided by this article for five years from
the date of the commission's findings.
22045. (a) No later than January 1, 1985, the commission shall recommend, for adoption by
the Controller, written procedures implementing the accounting procedures review provided
for in this article.
(b) The Controller shall, upon receipt of the commission's recommendation, review
and evaluate the recommended procedures and either formally adopt or reject the
recommended procedures within 90days of submission of the commission.
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Appendix B
CSLB Description of Classifications
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