12/1/03
2.4
price. When a portion of an item is subcontracted, the value of work subcontracted will be
based on the estimated percentage of the contract item bid price, determined from information
submitted by the Contractor, subject to approval by the Agency. In accordance with the
Subletting and Subcontracting Fair Practices Act, of the Public Contract Code, Section 4100 et
seq., each Bidder shall list in the bid form:
The name and the location of the place of business of each Subcontractor whom the
Bidder proposes to perform work or labor or render service to the prime Contractor in or
about the construction of the Work, or a Subcontractor licensed by the State of California
who, under subcontract to the prime Contractor, is proposed by the Bidder to specially
fabricate and install a portion of the Work according to detailed drawings contained in
the Contract, in an amount in excess of one-half of one percent (0.5%) of the Total Bid
or, in the case of a Bid for the construction of streets or highways, including bridges, in
excess of one-half of one percent (0.5%) of the Bidder’s Total Bid or ten thousand
dollars ($10,000), whichever is greater.
The portion of the Work [type of work and percentage if not one hundred percent (100%)
that will be done by each Subcontractor. The Bidder shall list only one Subcontractor for
each portion as is defined by the Bidder in the Bid.
If a Bidder fails to specify a Subcontractor for any portion of the Work to be performed under
the Contract (or specifies more than one Subcontractor for the same work), the Bidder agrees
that the Bidder is fully qualified and shall perform that portion of the Work. If after the award of
the Contract, the Contractor subcontracts any portion of the Work, except as provided in Section
4107 or 4109 of the Act, the Contractor shall be subject to the penalties specified in Section
4111 of the Act.
A listed Subcontractor shall perform with the Subcontractor’s own organization and with
workers under the Subcontractor’s immediate supervision, work of a value of not less than
seventy-five percent (75%) of the value of each item of work for which the Subcontractor is
listed.
Pursuant to Public Contract Code Section 6109, a Contractor may not perform work with a
Subcontractor who is ineligible to perform work on public works projects pursuant to Labor Code
Sections 1777.1 and 1777.7.
The apparent low Bidder shall submit the license numbers of all Subcontractors to the
Agency within three (3) days, not counting Saturdays, Sundays, and holidays, of Bid opening. If
the low Bidder is not the apparent low Bidder, the low Bidder shall submit the license numbers
of all listed subcontractors to the Agency within three (3) days, not counting Saturdays,
Sundays, and holidays, of the date notified.
The Contractor shall include provisions in every Subcontract that the Contract between the
Contractor and the Agency is part of the Subcontract, and that all terms and provisions of the
Contract are incorporated in the Subcontract. Copies of all Subcontracts shall be available to
the Agency upon written request.
2-9 ADDENDA
The correction of any material discrepancies in, or material additions to/omissions from, the
Plans, Specifications, or other Contract, or any interpretation thereof, during the bidding period
will be made only by an Addendum issued by the Agency. A copy of each Addendum issued by
the Agency will be mailed or delivered to each planholder listed on the Agency planholder list
and is a part of the Contract. Any interpretation or explanation not included in the addenda will
not be considered binding.
2-10 ASSIGNMENT OF ANTITRUST ACTIONS
The Bidder is required to comply with Public Contract Code Section 7103.5(b), which
addresses assignment of antitrust actions.



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