Exhibit_E.pdf

California Department of Veterans Affairs Agreement Number: 24RS0011 Exhibit E – Public Works Provisions Contractor Name: TBD

1. PUBLIC WORKS – RULES/REGULATIONS

Contractor shall observe and comply with all federal, state, city, and county laws, rules or regulations affecting the work, including any laws, rules, or regulations not specifically identified in this Agreement that nevertheless apply. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor’s expense.

2. EMPLOYMENT OF UNDOCUMENTED ALIENS

No state agency or department, as defined in Public Contract Code §10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five (5) years, been convicted of violating a state or federal law regarding the employment or undocumented aliens. See Public Contract Code §6101.

3. PREVAILING WAGES

A. In accordance with the provisions of Section 1770 of the Labor Code, the Department has determined that the general prevailing wages rates are applicable in the county in which the work is being performed and are the rates established and published by the Director of Industrial Relations, http://www.dir.ca.gov/oprl/pwd/.

1) The Notice to Contractors stipulates the prevailing wage rates are applicable to the classes of labor to be used on this project.

2) Pursuant to Labor Code Section 1776 completed certified payroll reporting forms for all workers involved in this project shall be submitted to the Contract Manager prior to the authorization of any payment for work under this contact.

B. Both parties shall retain a copy of the prevailing rates on file. Copies of the prevailing rate of per diem wages are on file with the California Department of Veterans Affairs and shall be made available to any interested party on request. LC § 1773.2.

C. Pursuant to Labor Code Section 1775, 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 ($200.00) 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. This provision shall not apply to properly indentured apprentices.

D. Pursuant to Labor Code Section 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 ($25) for each work 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.

4. APPRENTICES

Special attention is directed to Section 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California administrative Section 200, et seq. Each contractor and/or subcontractor must, prior to commencement of the public works contract, contact the Division of Apprenticeship Standards office to ensure compliance and complete understanding of the law regarding apprentices and specifically the required ration http://www.dir.ca.gov/oprl/pwd/

California Department of Veterans Affairs Agreement Number: 24RS0011 Exhibit E – Public Works Provisions Contractor Name: TBD thereunder. Every properly registered apprentice employed in this work shall be paid the standard wage.

Responsibility for compliance with this section lies with the prime contractor.

5. AMERICANS WITH DISABILITIES ACT

By signing this contract, the contractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applications regulations and guidelines issued pursuant to the ADA.

6. LIQUIDATED DAMAGES

A. Contractor shall be assessed liquidated damages and pay to the State the sum of Two Hundred Fifty Dollars

($250.00) for each and every working days’ delay in finishing the work in excess of the number of days specified.

B. Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

C. Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by acts of God or of the public enemy, acts of State, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusual action of the elements, providing contractor shall notify State in writing of the causes of delay within ten (10) days from the beginning of any such delay. State shall determine the facts and extent of the delay, and its findings of the facts shall be considered final and conclusive.

D. Liquidated damages shall be deducted from final payment to the Contractor.

7. STATEMENT OF COMPLIANCE

The prospective contractor’s signature affixed hereon and dated shall constitute a certification, under the penalty of perjury under the laws of the State of California, that the bidder has, unless exempted, complied with the nondiscrimination program requirements of GC 12990 (a-f); and of Title 2, CCR 11102.