All contractors (including prime and lower tier subcontractors) shall comply with federal and California law including, but not limited to payment of prevailing wages, certification of payroll records, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors, and the withholding of funds from contractor as required. All pertinent federal and state statutes and regulations, including but not limited to those referenced above, are hereby incorporated by reference into this document as though set forth in their entirety. Wherever there is a difference between the prevailing wage rates predetermined by the Secretary of Labor (federal) and the General Prevailing Wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the contractor and subcontractors shall pay not less than the higher of the two wage rates. Labor compliance oversight of the aforementioned regulations will be conducted by the Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). This includes the requirement for all contractors to furnish the certified payroll records directly to the Department of Industrial Relations monthly using the DIR's eCPR platform. It is the sole responsibility of bidders to evaluate and include the cost of complying with all labor compliance requirements under the contract and applicable law in the bid amount. Pursuant to Labor Code Section 1773, Alameda CTC has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Alameda County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. The successful bidder and all subcontractor(s) under him/her, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. The wage schedules are also accessible via the Internet at www.dir.ca.gov/DLSR/statistics_research.html and Wage Determinations | SAM.gov. The contractor awarded this contract must post a copy of the applicable prevailing wage rates at the jobsite in a location readily accessible to all workers. Only registered plan holders may protest this solicitation process. Submit all solicitation process protests in writing before the deadline stated below along with a $2,500 protest fee. The submitted protest fee shall be made payable to the "Alameda County Transportation Commission" The protest fee will be refunded to you only if the protest is upheld by Alameda CTC. Written protests with the $2,500 protest fee must be addressed to Alameda CTC's office at 1111 Broadway, Suite 800, Oakland, California 94607, Attn: Vivek Bhat, Deputy Executive Director of Projects. You may protest the terms of this solicitation on the grounds that: (a) a material provision is ambiguous, (b) any aspect of the procurement process is contrary to express legal requirements under this procurement, or (c) this solicitation in whole or in part exceeds Alameda CTC's authority. Protests regarding this solicitation may be filed only after the registered plan holder has informally discussed the nature and basis of the protest with the Alameda CTC Project Manager, Jim Reid at (510) 775-4426 in an effort to remove the grounds for protest. Any protest regarding this solicitation must completely and clearly state the grounds for protest and include all factual and legal documentation in sufficient detail to establish the merits of the protest. Protests regarding this solicitation must be filed as soon as the basis for protest is known to you, but no later than ten (10) business-days before the deadline for receipt of bids. No hearing will be held on the protest, but it will be decided, based on the written submissions, by the Alameda County Transportation Commission Deputy Executive Director of Projects, whose decision will be final and conclusive. The Deputy Executive Director of Projects may, but need not, request other registered plan holders submit statements or arguments regarding the protest and may, in his/her sole and absolute discretion, discuss the protest with the protestant. A decision regarding any protest shall be in writing and, if necessary, appropriate revisions to this solicitation may be made by issuing addenda. Failure to raise a ground for a protest regarding this solicitation will preclude consideration of that ground in any protest of a selection unless such ground was not and could not have been known to you in time to protest before the final date for such protests. The written decision on a protest will be made available to all registered plan holders. Alameda CTC may extend the deadline for final receipt of bids to address any such protest issues. An inadvertent error in listing a subcontractor in a bid proposal who is not registered pursuant to Labor Code section 1725.5 will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply: 1. Subcontractor is registered prior to the bid opening. 2. Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Labor Code section 1725.5. 3. Subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section 4107. Labor compliance oversight will be conducted by the Department of Industrial Relations, Division of Labor Standards Enforcement. You must comply with the requirements under section 1771.3 of the Labor Code and Subchapter 4.5 of Chapter 8 of Title 8 of the California Code of Regulations. In accordance, with Labor Code section 1771.4, you and each of your subcontractors must furnish the certified payroll records directly to the Department of Industrial Relations on the specified interval and format prescribed by the Department of Industrial Relations, which may include electronic submission. You must comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement. It is your sole responsibility in submitting a bid to evaluate and include the cost of complying with all labor compliance requirements under the contract and applicable law in the bid amount. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted, nor any contract entered into without proof of your and your subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a contract, you and your subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Pursuant to Public Contract Code Section 22300, you may substitute certain securities for funds withheld by Alameda CTC to ensure your performance under the Contract. Award of Contract: Alameda CTC will award the Contract for the work to the lowest responsible bidder submitting a responsive bid as determined from the base bid alone by Alameda CTC. Alameda CTC reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. Responses to Bidder Inquires are considered part of the contract. BY THE ORDER OF THE ALAMEDA COUNTY TRANSPORTATION COMMISSION: Vivek Bhat, Deputy Executive Director of Projects