PLANS AND SPECIFICATIONS

FOR

DRAINAGE IMPROVEMENTS –

VENTURA AVE @ SHELL ROAD (MP 0.52)

SPECIFICATION NO. RD27-04

PROJECT NO. P6050669

ROADS & TRANSPORTATION

COUNTY OF VENTURA

PUBLIC WORKS AGENCY

NOTICE INVITING BIDS, PROJECT INFORMATION FORM, & SPECIFICATIONS

FOR

PROJECT

NAME:

DRAINAGE IMPROVEMENTS – VENTURA AVE @ SHELL ROAD (MP 0.52)

LOCATION: VENTURA AVENUE @ SHELL ROAD

SPEC. NO.: RD27-04 COST ACCOUNTING PROJECT NO.: P6050669

DESIGNED BY: SAID NEGM CHECKED BY: MATTHEW HESPENHEIDE

REVIEWED BY: GIANFRANCO LAURIE

PROJECT MANAGER: MATTHEW HESPENHEIDE

RECOMMENDED BY: APPROVED BY:

Deputy Director – Roads & Transportation Director – Roads & Transportation

APPROVED BY:

Director of Public Works Agency

Construction bidding documents, including plans, specifications, addenda and any supplementary documents are only available on the Ventura County Public Works Agency Web Site.

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NOTICE TO BIDDERS, SUBCONTRACTORS AND SUPPLIERS

SOURCES OF INFORMATION

DURING BIDDING PERIOD

PROJECT DOCUMENTS, PLAN HOLDERS LIST, & OTHER INFORMATION IS AVAILABLE

ON THE INTERNET AT THE BONFIRE WEBSITE AT:

https://ventura.bonfirehub.com/portal/?tab=openOpportunities#department=Public%20Works%20Agency

All questions concerning the plans, specifications, requirements, terms, schedule, addenda, and any other matters related to the solicitations shall be submitted using the Bonfire web site using the “Opportunity Q&A” tab.

Submit any questions early in the bidding period as an addendum may be required.

All addenda will be issued using the Bonfire web site.

Please do not call other staff members or consultant.

Note that our consultants are directed to refer all calls to the Project Managers.

AFTER BID OPENING

BID RESULTS are available on https://www.vcpublicworks.org/es/bidsandsubs/, AFTER AWARD OF CONTRACT

ALL QUESTIONS concerning project AFTER AWARD should be directed to the Project Manager named in the Notice of Award

Any other information can be requested at (805) 654-2039

TABLE OF CONTENTS

SPECIFICATION NO.: RD27-04 PROJECT NO.: P6050669

Notice of Inviting Bids………………………………...........…………. 1 page

Project Information and Bidding Documents……….........……….... 9 pages

Prevailing Rates of Wages…………………………………..........…. 1 page

Excerpts from the California Labor Code………………..........……. 8 pages

Excerpts from Public Contract Code 9204 .……………........…….. 4 pages

Non-Discrimination Assurances..................................................... 2 pages

Ventura County Standard Specifications………………......….....… 106 pages

Special Provisions – Table of Contents………………......….....….. 1 page

Special Provisions.................................………………..........…….. 20 pages

Appendix H – Utility Company Directory……................................. 3 pages

Appendix I – Applicable Standard Plans……………...................... 2 pages

Appendix J – Unlisted Subcontractor’s List …………...........…..…. 1 page

Plans………….........…………………………………………….....….. 3 sheets

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NOTICE INVITING FORMAL BIDS

Bids will be received, electronically, until 2:00 p.m. on August 27, 2026, for Drainage Improvements – Ventura Ave @ Shell Road (MP 0.52), Specification No. RD27-04, which consists of construction of 18” Reinforced Concrete Culvert Replacement, Public Access and Notice, Mobilization, Traffic Control and Construction Signing, Water Pollution Control, Sawcut, Excavation Safety, Structure Excavation, Slurry Backfill, Cast in Place Drainage Inlet, Straight Headwall, Class III Rip Rap, Midwest Guardrail System, Guardrail End Guard, AC Miscellaneous Paving, Pavement Delineation and Striping, and appurtenant work.

Bids must be submitted on-line through Bonfire at:

https://ventura.bonfirehub.com/portal/?tab=openOpportunities#department=Public%20Works%20Agency

After the deadline for receiving bids, the bids will be opened, and the results made public.

The estimated cost of construction is $ 540,000.00.

All bidding documents, including plans, specifications, addenda, and any supplementary documents are available on the Bonfire website shown above.

A list of Plan Holders is available on the Bonfire website shown above.

An abstract of bids received will be available at https://www.vcpublicworks.org/es/bidsandsubs/

When projects are awarded, the award notification to the State will be posted at https://www.vcpublicworks.org/es/awardedcontracts/

Bids must be submitted electronically, using the forms provided, on the Bonfire Website.

Subcontractor list must include a valid Contractor’s License Number. Contractor and any subcontractors must be registered with the Department of Industrial Relations prior to bid time.

Each bid must be accompanied by a bid guarantee in the amount of not less than 10% of the amount bid, PAYABLE TO THE COUNTY OF VENTURA and guaranteeing that the bidder will enter into a contract in accordance with the terms of the bidding documents, if award is made. The bid guarantee shall be in one of the following forms: a bid bond written by an admitted surety insurer on the form included with the Proposal form, a cashier's check drawn by a national bank, a check certified by a national bank or cash. Bid bonds must be submitted in hard copy with the original signatures of the principal and surety. Copies of the completed bond will not be accepted.

Bidders must have a Class A California Contractors license. Upon award, the Contractor will be required to furnish a Performance Bond and a Payment Bond, each in the amount of 100% of the contract price.

In accordance with Section 22300 of the Public Contract Code, securities may be substituted for funds withheld.

Bidders, contractors, and other interested parties can obtain wage rates pertaining to Ventura County projects at the link provided below.

California general prevailing wage rates for construction can be obtained from the following Web site:

http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

The awarded contractor must post copies of the prevailing wage determinations at each job site.

https://ventura.bonfirehub.com/portal/?tab=openOpportunities#department=Public%20Works%20Agency https://www.vcpublicworks.org/es/bidsandsubs/ https://www.vcpublicworks.org/es/awardedcontracts/ http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

PROJECT INFORMATION

FOR

LOCATED IN

VENTURA COUNTY, CALIFORNIA

MAKE BID GUARANTEE TO COUNTY OF VENTURA

USE FORM PROVIDED (SEE PARAGRAPH 9, INSTRUCTION TO BIDDERS).

SPECIFICATION NO. RD27-04 INCLUDING 3 SHEETS OF PLANS

BIDS WILL BE RECEIVED ELECTRONICALLY UNTIL AUGUST 27, 2026 AT 2:00 P.M.

AGENCY IS ALLOWED 60 DAYS TO AWARD A CONTRACT (SEE SECTION 1-7.3).

THE STARTING DATE OF CONTRACT WILL BE 28 CALENDAR DAYS AFTER AWARD OF

CONTRACT (SEE SECTION 6-3.2.1).

COMPLETION TIME IS 90 WORKING DAYS (SEE SECTION 6-3).

LIQUIDATED DAMAGES ARE $1,050.00 PER CALENDAR DAY (SEE SECTION 6-9).

CONTRACTOR’S LICENSE CLASSIFICATION REQUIRED IS CLASS A.

LIABILITY INSURANCE CLASS REQUIRED PER SECTION 5-4.2.2 IS L-B.

FEDERAL-AID CONTRACT PROVISIONS ARE NOT INCLUDED IN THESE SPECIFICATIONS.

NON-MANDATORY PREBID MEETING: 9:30 AM on 8/19/26 (SEE SECTION 1000-2).

Spec. No. RD27-04 Project No. P6050669

INSTRUCTION TO BIDDERS

1. LICENSING OF BIDDER. Before submitting bids, bidders shall be licensed in accordance with the provisions of Sections 7000 through 7145 of the Business and Professions Code of the State of California in the classification required for the work bid

on. The bidder's license number, classification, and expiration date shall be inserted on Signature Sheet. The bidder's name shall correspond in all respects with the name shown on the license. License numbers and names are checked with the State.

2. SITE INSPECTION. Personally visit the worksite before submitting your bid to ascertain the existence of any surface or subsurface conditions affecting the cost of the work.

3. INTERPRETATION AND QUESTIONS. Carefully review the plans and specifications for any errors, omissions, or ambiguities. If you discover any, or have specific questions, notify the Agency far enough in advance of the bid opening to allow time for the issuance of appropriate written addenda, if necessary. All questions concerning the plans, specifications, requirements, terms, schedule, addenda, and any other matters related to the solicitation shall be submitted through the Bonfire website using the “Opportunity Q&A” tab.

Written addenda shall be the sole means for modifying the plans and/or specifications prior to the bid opening. The Agency shall not be bound by oral communications purportedly modifying or interpreting the plans and/or specifications regardless of when, or by whom, such oral communications are made and you should not rely upon such oral communications in preparing your bid. Addenda will be posted on the Bonfire web site.

4. BID ITEMS. State, in figures, the unit prices, lump sum prices, and extensions as indicated which shall be the prices for which you propose to supply all materials and services and perform all work required by the plans and specifications. All items described are to be construed as complete and in place. Include in the bid amount for items listed in the Bid Table the cost of performing all work shown on the plans or required by the specifications for which a specific bid item is not provided. Bid on all items listed under Schedule of Work and Prices unless otherwise indicated in the Bid Table.

5. SIGNING OF BID. Fill in all indicated blanks on the various forms provided. Bids will only be accepted if submitted electronically using the Bonfire website. Bids signed by an agent other than an owner, partner or corporate officer shall be accompanied by a power-of-attorney.

6. NON-COLLUSION AFFIDAVIT. The non-collusion affidavit required by Public Contract Code 7106 is included as a required document on the Bonfire website.

7. BID FORM NOT TO BE ALTERED. Do not change the wording of the Bid documents. Any additions, deletions, conditions, limitations or provisions by the bidder will render the Bid irregular and may cause its rejection.

8. CORRECTING BID. Corrections or adjustments to bids must be done using the Bonfire website and must be completed prior to the Bid Closure date and time.

9. BID GUARANTEE. A Bid Guarantee in the amount of not less than 10% of the amount bid and guaranteeing that the bidder will enter into a contract in accordance with the terms of the bidding documents if award is made to him must be submitted. The bid guarantee shall be in one of the following forms: A bid bond written by an admitted surety insurer on the form provided, a cashier's check drawn by a national bank, a check certified by a national bank or cash.

Original hard copies of the Bid Guarantee must be submitted and received by the County prior to the Time of Bid Closure. Bid Guarantee shall be mailed or delivered to:

Public Works Agency, County of Ventura Public Counter - 3rd Floor Hall of Administration 800 South Victoria Ave.

Ventura, California 93009-1670.

For proper handling, mark the envelope as “BID GUARANTEE – SEALED BID” and show the specification number, project title, and the Bidder’s name and address.

The bid bond must have the original wet notarized signatures of the principal and surety and include Power of Attorney for the Agent signing for the Surety.

Note: Performance and Payment Bonds are required from the bidder to whom a contract is awarded. See specifications Subsection 1-7.2 for contract bond requirements including limitations on the sureties that may issue the bonds.

10. SUBMITTING BID. Submit your bid using the Bonfire website at:

www.ventura.bonfirehub.com

Only bids submitted via the Bonfire website will be considered. All documentation listed as required on that website must be completed and submitted.

11. TIME OF BID CLOSURE. The time and date of the Bid closure is indicated on the Bonfire website solicitation as “Close Date”. No bids will be accepted after that time.

12. REVISION OR WITHDRAWAL OF BID. Bids submitted using the Bonfire website can only be revised or withdrawn using the website. Once submitted, a bid that requires revisions or withdrawal must be accessed via the “Completed” tab under the “Your Submissions” section and action taken to revise or “unsubmit” (withdraw).

13. ERRORS. Bidder will not be released on account of errors. Bids submitted using the Bonfire website will be considered final. Bidders shall be careful to ensure all information that is submitted is complete and accurate.

14. SUBCONTRACTOR LICENSE NUMBERS. License numbers for subcontractors must be provided at the time the bid is received using the forms provided.

15. PREVAILING WAGE. Work to be performed under this Contract is “public works” as defined in Labor Code section 1720(a), subject to prevailing wage, apprenticeship and other requirements of Labor Code, division 2, part 7, chapter 1, section 1720 et seq. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The Contractor and each Subcontractor, if any, must be registered with the DIR pursuant to Labor Code section 1725.5 and section 1771.1. The Contractor and each Subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code 1771

Date

NONCOLLUSION DECLARATION

NONCOLLUSION DECLARATION

The undersigned declares:

I am the _______________ of _______________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______ , at

City State

Signature of Officer: ____________________________________________________

Printed Name of Officer:__________________________________________________

Page ___ of ___

LIST OF SUBCONTRACTORS

CONTRACTOR NAME:________________________________________

Listing shall comply with the provisions of California Public Contract Code, Section 4104.

Name of Subcontractor

Contractor’s License Number

Contractor’s

DIR

Registration Number

Business Address

Items of Work

If more space is needed, add additional pages.

Public Contract Code Section 4104 provides that bidders must list:

(a)(1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

(b) The portion of the work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.

BID TABLE

Schedule of work and prices for: DRAINAGE IMPROVEMENTS – VENTURA AVE @ SHELL ROAD (MP 0.52)

Item No.

Units

Approx.

Quantity

Item Description

Payment Reference

Unit-Prices (In Figures)

Item Total (In Figures)

1 LS 1 Mobilization 7-3.4.2

2 LS 1

Traffic Control & Construction Signing

1003-7

3 LS 1 Water Pollution Control 1004-3

4 LS 1 Potholing 1005-2

5 LF 434 Sawcut 1006-2

6 LS 1 Excavation Safety 1007-2

7 CY 500 Structure Excavation (F) 1008-3

8 LF 434 18" RCP 1009-4

9 CY 400 Slurry Backfill (F) 1010-3

10 LS 1 CIP Drainage Inlet 1011-3

11 LS 1 Straight Headwall 1012-3

12 LF 25

MGS (6FT Steel Post & 8" Composite Block)

1013-2

13 EA 2

Guardrail End Guard (Wrap Around End Piece)

1014-2

14 TN 14 Class III Rip Rap 1015-4

15 TN 150 AC Miscellaneous Paving 1016-3

16 LS 1

Pavement Delineation, Striping & Signing

1017-5

Total Amount Bid

Bid Table is shown here for informational purposes.

Bid Table shall be filled out by Bidders using the Bonfire website. Bidders will access the Schedule of Work and Prices on the Bonfire website and input their Unit Prices.

SIGNATURE SHEET

Name: ___________________________________________________________________

Mailing Address: ___________________________________________________________

City: ____________________________ State: ___________ Zip Code: ______________

Telephone Number: (______)_______-__________

Email Address: _____________________________

I make this proposal and certify or declare under penalty of perjury under the laws of the State of California that:

The statements and attestations made and associated with this Proposal, and below my signature, are true and correct.

The bidder has read the Bid documents and has abided by and agrees to the conditions herein and has carefully examined the project plans and read the specifications and does hereby propose to furnish all materials and do all the work required to complete the work in accordance with the plans and specifications for the unit prices or lump sums named in the Bid Table.

The bidder, as Principal, acknowledges himself as being bound by the attached bond or other acceptable bid guarantee.

Dated: ___________________________ At: ______________________________ (City and State)

Signature: ___________________________________________________________

Printed Name: ________________________________________________________

Position: _____________________________________________________________ (Sole Owner, Partner, President, etc.)

Company Name: __________________________ Type of Organization: _______________________ (Individual, Partnership, Corp.)

License No.:______________________________ License Classification: ______________________

License Expiration Date: ____________________

DIR Registration Number: ____________________

BID BOND

Enter } Name & } Address } of Bonding } Company }

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

__________________________________________________________________, Principal, and_____________________________________________________________________

____________________________________________________, Surety, are held and firmly bound unto COUNTY OF VENTURA Obligee, in the sum of Ten Percent of the total amount of the Bid for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has submitted or is about to submit a bid or proposal to Obligee on a contract for

DRAINAGE IMPROVEMENTS – VENTURA AVE @ SHELL ROAD (MP 0.52)

NOW, THEREFORE, if that contract be awarded to principal and principal shall, within such time as specified, duly execute the contract in the prescribed form and deliver the same to obligee with all required bonds/performance securities, certificates of insurance and such other items as required in the bidding or contract documents then this obligation shall be null and void; otherwise to remain in full force and effect, and if the contract is awarded to principal and principal fails, within the time specified, to duly execute the contract in the prescribed form and deliver the same to obligee with all said required items, then surety shall pay obligee the full sum of this bond.

Surety, for value received, hereby agrees that no extension of time, change, alteration, modification, or addition to the bidding or contract documents, or of the work required thereunder, shall release or exonerate surety on this bond or in any way affect the obligation of this bond; and surety does hereby waive notice of same.

Signed, sealed and dated

(Principal) by____________________________________________(Seal)

(Surety) by________________________________________________ Attorney-in-Fact

INDICATE COMPLETE ADDRESS OF SURETY TO WHICH

CORRESPONDENCE CONCERNING THIS BOND SHOULD BE

DIRECTED.

Telephone No.

Form PW-B-1

PREVAILING RATES OF WAGES

PREVAILING RATES OF WAGES

As provided in Section 1770 et. seq. of the California Labor Code, determinations of the generally prevailing wages for various classes of workers in Ventura County have been made by the Director of Industrial Relations as required by the California Labor Code.

The determinations made by the State are available on the Internet at http://www.dir.ca.gov/DLSR/PWD/Index.htm and are on file in the office of the Public Works Agency

The Contractor shall post a copy of the wage rates at each jobsite at a location readily available to the workers.

As required by California Labor Code Section 1777.5, properly indentured apprentices shall be employed on the work in the minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The prime contractor is responsible for compliance with section 1777.5 for all apprenticeable occupations.

EXCERPTS FROM CALIFORNIA

LABOR CODE

Excerpts from the California Labor Code

These excerpts from the Labor Code include the sections 1771, 1775, 1776, 1777.5, 1813 and 1815, which are required by Standard Specification 5-3.6 and Labor Code section 1775(b)(1) to be included in all subcontracts. These sections are furnished for the convenience of the contractor and in no way limit the required compliance with all laws.

1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.

(Amended by Stats. 1981, Ch. 449, Sec. 1.)

1775. (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.

(2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:

(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.

(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.

(B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.

(ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.

(iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor

Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1.

(C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.

(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.

(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with.

(a) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:

(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.

(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

(4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.

(b) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

(Amended by Stats. 2011, Ch. 677, Sec. 1. (AB 551) Effective January 1, 2012.)

1776 (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(1) The information contained in the payroll record is true and correct.

(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:

(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.

(C) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).

(c) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.

(d) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.

(e)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number.

(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.

(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

(g) The contractor or subcontractor has 10 days in which to comply, subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.

(i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

(Amended by Stats. 2014, Ch. 28, Sec. 71. (SB 854) Effective June 20, 2014.)

1777.5. (a) (1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program.

(2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070.

(b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.

(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.

(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:

(1) The apprenticeship standards and apprentice agreements under which he or she is training.

(2) The rules and regulations of the California Apprenticeship Council.

(d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).

(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months.

(f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities.

(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those stndards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.

(i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).

(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.

(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:

(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.

(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.

(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.

(4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.

(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.

(2) (A) At the conclusion of the 2002–03 fiscal year, and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:

(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.

(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program.

(iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.

(B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.

(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.

(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.

(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.

(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).

(p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director. (Amended by Stats. 2018, Ch. 704, Sec. 17. (AB 235) Effective September 22, 2018.)

1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

(Amended (as added by Stats. 1997, Ch. 757, Sec. 6) by Stats. 2002, Ch. 28, Sec. 3. Effective January 1, 2003.)

1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.

(Amended by Stats. 1963, Ch. 964.)

(rev. 10/01/2025)

EXCERPTS FROM PUBLIC

CONTRACT CODE 9204

EXCERPTS FROM PUBLIC CONTRACT CODE 9204

EFFECTIVE DATE JANUARY 1, 2020

Please note section 9204 of the Public Contract Code, set forth in full below. Contractor must follow the contractual dispute resolution process specified in the Ventura County Standard…