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HomeMy WebLinkAboutConsley & Montigny Company Inc; 1984-10-25;CITY OF CARLSBAD San Diego County Californi a CONTRACT DOCUMENTS, SPECIFICATIONS AND SPECIAL PROVISIONS for FEDERAL AID PROJECT PMS-OOOS (218) for INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD For use in Connection with Standard Specifications Dated January, 1981, Standard Plans Dated January, 1981, General Prevailing Wage Rates Dated June, 1984, and Labor Surcharge and Equipment Rental Rates. CiCOfl wjam&mv>m, PRODUCER CERTIFICJfrE OF INSURANCE || SET WB STOPS AT WWOWS SSUE DATE (MM/DD/YY) 10-18-84 BUTLER, CHRISTIAN P.O. BOX 4519 COVINA, CA 91724 & DUNN, INC, INSURED CONSLEY & MONTIGNY COMPANY, INC. 4251 N. BALDWIN AVENUE EL MONTE, CA 91731 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, tXT-.40 OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A SECURITY INSURANCE COMPANY COMPANY LETTER B HARTFORD INSURANCE COMPANY COMPANY LETTER COMPANY LETTER COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-TIONS OF SUCH POLICIES. LIABILITY LIMITS IN THOUSANDSTYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUNDEXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER BCP 877837 BCP 877837 BCP 877837 72 WB JM6453 POLICY EFFECTIVE DATE (MM/DOAYI 6/30/84 6/30/84 6/30/84 4/1/84 POLICY EXPIRATION DATE (MM/DD/YY) 6/30/85 6/30/85 6/30/85 4/1/85 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS jM' MABJ.ER& F»O #12925 CERTIFICATE HOLDER CITY OF CAHISBAD 1209 EIM AVEME C/HISEAD, CA 920G&-19S9 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL on_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BOTTAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I AUTHORIZED REPRESENTATIVE ACORD 25 (2/84) INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD TABLE OF CONTENTS PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 EQUAL OPPORTUNITY CERTIFICATION 5 MINORITY SUBCONTRACTOR CERTIFICATION 6 GOVERNMENT CODE SECTION QUESTIONNAIRE 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL 9 NON-COLLUSION AFFIDAVIT 10 CONTRACT 11 LABOR AND MATERIALS BOND 13 PERFORMANCE BOND 15 SPECIAL PROVISIONS: SECTION: 1. Specifications and Plans 17 2. Proposal Requirements and Conditions 19 3. Award and Execution of Contract 21 4. Beginning of Work, Time of Completion, 22 and Liquidated Damages 5. General 23 5-1. Miscellaneous 23 5-2. Federal Minimum Wages 32 6. Federal Requirements for Federal Aid 37 Construction Projects 7. Blank 8. Materials 66 9. Description of Work 68 10. Construction Details 69 PROJECT LOCATION MAP 79 PROJECT LOCATION LIST 80 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 5th day of September , 1984 , at which time they will be opened and read forperforming the work as follows: INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD The work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Labor & Materials Bond 5. Performance Bond All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. One set of plans, special provisions, and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $ 20.00 per set. - 2 - The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. A prebid meeting and tour of project site will not be held. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) of the contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 7682 , adopted on the 17th day of July , 1984. ATetha L7^ Rautenkranz, City Clejr - 3 - CITY OF CARLSBAD PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PMS-OOOS (218) in accordance with the Special Provisions (including the payment of not less than the minimum wage rates set forth therein) and in accordance with the Department of Transportation Standard Plans, dated January, 1981, *the Standard Specifications, dated January, 1981, the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage Rates, dated June, 1984, and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item Article w/Unit Price or No. Lump Sum Written in Words 1. Type "A" Pavement Markers 2. Type "AY" Pavement Markers 3. Type "D" Pavement Markers 4. Type "6" Pavement Markers Approximate Quantity & Unit 45 80 2,000 1,000 Unit Price TOTAL $ $ $ $ SO $ ^7 Total amount of bid in words: Total amount of bid in numbers: $ Addendum (a) No(s) _ received and is/are included in this proposal. has/have been - 4 - Bids are to be submitted for the entire work. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. * Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 3 a 2. *? S3~~- Identification The Undersigned bidder hereby represents as follows: 1. That no Counci Imember , officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. - 5 - EQUAL OPPORTUNITY CERTIFICATION THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. The Bidder, 3r&ss>/J /yfc/o^fix/y » proposed Subcontractor, , hereby certifies that he has ^"^t has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114 of 11246, and that he has is , has not _ , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agerrcy, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. 6\nJ(A £i> _ ./AJ c -J(Company/ Date: (TUTe) NOTE: The above certification is required by the Equal Opportunity Regulations oFThe Secretary of Labor (43 CFR 60-1.7(b)(l)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(l) prevents the award of contracts and subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. - 6 - The Bidder shall list the name and address of each subcontractor, required to be listed by the provisions in Section, "Subcontracting", of the Special Provisions, to whom the Bidder proposed to subcontract portions of the work. Name and Address LIST OF SUBCONTRACTORS Description of Portion of Work Subcontracted Dollar Amount to be Subtracted - 7 - 11/2/81 GOVERNMENT CODE SECTION 14310.5 QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation? YES NO If the answer is yes, explain the circumstances in the following oace. GOVERNMENT CODE SECTION 14382 STATEMENT In accordance with Government Code Section 14382, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a Federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NOTE: This questionnaire and statement constitute a part of the Proposal, and signature on the signature portion of this Proposal shall constitute signature of this questionnaire and statement. - 8 - Federal 11/2/81 Accompanying this proposal is X3/'^^/g' S /%>a <u A (Notice: Insert the words "uasn (> )"» "lasnier's uneck", "Certified Check", or "Bidder's Bond", as the case may be.) in an amount equal to at least ten percent (10%) of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contractors, License No. 3639 j'5'- <z 3 ^_ I hereby certify, under penalty of perjury, that the foregoing Government Code Section 14310.5 questionnaire and the Government Code Section 14382 statement are true and correct. Date: ^ /~) - Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address: */j S/ M Place of Business: VA ,<v - Place of Residence: a so ^r- M^#c<fA PL cu^sT Caj/,jfi - 9 - ST. BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we. v . as Principal, » as Surety, are held and firmly bound unto the City of CarTsbartl, California, in the sum ($'""/"//? %1 ), lawful money of the United States for the payme-nt of-'which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and* execute a contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of r~b&t>ST , 19 /y . /7.)-/^ ATTORNEY-IN-FACT AFFIDAVIT :ATE OR COMMONWEALTH OF CALIFORNIA COUNTY OR CITY OF LOS ANCFI Before me, a Notary Public, personally came. «VW« ^M. «K A «H.J * - A 1_ _ >1 A I i k •• •ss: A.A. CHPTSTTAM^^^.wit me, a. .IIUMUJT jruuuc, personally came M.A. yrlKl h I l/yj known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Comoanv a Maryland Corporation, which executed the attached bond as surety, who deposed and Sfdf Sat Ms sK ture and the corporate seal of said United States Fidelity and Guaranty Company—--»*-^---?^ and authority of said Company's Board of Directors, and that the e*""*5"- ~* «"•free act and deed of United States Fidelity and Guaranty Company. Given under my ly Commission expi 198*+ . OmCMLSENL ARLEENORR NOTARY PU8LIC-CAUFORHW PRINCIPAL OFFICE »N >NOCLC9 COUNTY Notary Public. CommiMion Expires Apr. 7,1986 - 10 - NON-COLLUSION AFFIDAVIT To the City Council, City of Carlsbad, California: The Undersigned in submitting a bid for performing the following work by contract being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract, for: INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD Signature of Bidder /U usiness Address Place £%•or CvAResidence Subscribed and sworn before me this , 1984. AS* My Commissi1 OFFICIAL SEAL ARLEEN OfW ^^OTA«V PUBLIC-CALIFORNfA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commtssion Expires Apr. 7, 1986 day of Notary/public in and for the County of San Diego, State of California. (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid. ) - 11 - CONTRACT CITY OF CARLSBAD CONTRACT INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD THIS CONTRACT, made and concluded in duplicate, this ^S day of Qt.T-og>£<t » 1984, between the City of Carlsbad, hereinafter referred to as "City", and ^^s/^y /< /WA/OTICAJOA Cx/ &JCL* » hereinafter referred to as "Contractor". ' ' — — ARTICLE I That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the bonds, attached hereto, Contractor agrees with City at Contractor's cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the Specifications, to be furnished by the City, necessary to construct and complete in good, workmanlike, and substantial manner, all to the satisfaction of the Engineer of the City of Carlsbad, in accordance with the Special Provisions for this project as set forth herein and also in accordance with the Department of Transportation Standard Plans, dated January, 1981, the Standard Specifications, dated January, 1981, the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage Rates, which said Special Provisions, Standard Plan, Standard Specifications, Labor Surcharge and Equipment Rental Rates, and General Prevailing Wage Rates are hereby specially referred to and by such reference made a part hereof. ARTICLE II Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract. Contractor further agrees to be responsible and hold City harmless from all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for all expenses incurred by or in consequence of the suspension or discontinuance of work, and or will and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and requirements of the City Engineer, to wit: (Items in the Contract will be the same as in the Proposal.) - 12 - ARTICLE III The City hereby promises and agrees and promises the Contractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices stated, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the Covenants herein contained. ARTICLE IV It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of proposal conflicting herewith. ARTICLE V Contractor sh harmless from any and all claims nature whatsoever, arising from Contract. In performance of thi City as additional insured on a amount of at least $^>QQ QnQ herein applies to al1sumspaid including court costs and reason matter results in judgement. all defend and otherwise hold City , complaints, causes of action, of any Contractor's performance of the s Provision, Contractor shall name policy of general liability in the dollars. The Covenant contained as a result of the above claims, able attorney fees whether or not the ARTICLE VI EACH AND EVERY COVENANT, CONDITION, AND PROMISE contained in Sections 1 through 10 of these Special Provisions for said project are herein incorporated by reference as if fully set forth herein and constitute a material part of the consideration to the City in entering into this Contact with Contractor. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands in the year and date first above written. CONTRACTOR APPROVED AS TO FORM Title Attorney /k*^^, MARY H. (yfSLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, BOND NO, 4012010118842 PREMIUM: SEE PERFORMANCE BOND - 13 - LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted has awarded to CONSLEY s MONTIC-NY COMPANY, IMC. hereinafter designated as the "Principal",a contract for: INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD in the City of Carlsbad, in strict conformity with the drawings and specifications, and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, CONSLEY & MONTIGNY, INC, , as Principal, hereinafter designated as the "Contractor", an~3 UNITED STATES FIDELITY & GUARANTY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of _^YEN THOUSAND SIX HUNDRED EIGHTY SEVEN DOLLAR? AND 50/100 D0n ars ($ 7,687.50 ) f Sa1'j -^ being one hundred per cent(100%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. - 14 - This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 23RD day of OCTOBER , 1984 . CONSL/E\ & MONTIGNY COMPANY. INC (Notarize or Corporate Seal for each Signer) Contractor UNITED STATES FIDELITY AND GUARANTY COMPANY Surety ALBERT A. CHRISTIAN ATTORNED IN FACT ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF_ COUNTY OR CITY OF_ CALIFORNIA LOS ANGELES Before me, a Notary Public, personally came_ALBERT A. CHRISTIAN known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my hand and seal this 2 3RD_ .T _ * * *-^. ^ ^ ^ - - - — - - - - - - ~ * • * • a My Commission Jud.876 <W7) • • •.day OFFICIAL SEAL MARSHA M. SMITH Notary Public-California Principal Office In I nt. Angles County My Comm. Exp. May 10, 1988 BOND NO. DREMIUM: PERFORMANCE BOND ^012010118842 $92.00 - 15 - KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted has awarded to CONSLEY & MONTIGNY COMPANY, INC. hereinafter designated as the "Principal",a contract for: INSTALLING RAISED PAVEMENT MARKERS AT VARIOUS LOCATIONS IN THE CITY OF CARLSBAD in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; asNOW, THEREFORE, WE , CONSLEY S MONTIGNY COMPANY, INC. Principal, hereinafter designatedas the"Contractor",and UNITED STATES FIDELITY AND GUARANTY COMPANY , "a~sSurety,are heldandfirmly boundunto the City ofCarlsbad,fnthe sum ofSEVEN THOUSAND six HUNDRED EIGHTY SEVEN DOLLARS AND so/ioopoiiars ($7 687.50 )»saidsum being equalto one hundred per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for and truly to be made, we bind ourselves, our administrators, successors or assigns, jointly of the City or its which payment, we!1 heirs, executors and and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH th Contractor, his/her or its heirs, executors successors or assigns, shall in all things and well and truly keep and perform the cov agreements in the said contract and any alt therein provided on his/her or their part, at the time and in the manner therein speci respects according to their true intent and indemnify and save harmless the City of Car agents, as therein stipulated, then this ob null and void; otherwise it shall remain in at if , adm stand enant erati to be fied, mean Isbad 1 igat full the above bounden ini strators, to and abide by, s, conditions, and on thereof made as kept and performed and in all i ng, and shal1 , its officers and ion shall become force and virtue. - 16 - And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 23RD day of OCTOBER19 84 . CONSLEY £ MONTIGNY, INC. (Notarize or Corporate Seal for Each Signer)Contractor UNITED STATES FIDELITY AND GUARANTY COMPANY Surety ( ALBERT A. CHRISTIAN ATTORNEY IN FACT ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF CALIFORNIA COUNTY OR CITY OF.LOS ANGELES Before me, a Notary Public, personally came_ •as; ALBERT A. CHRISTIAN known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my hand and seal this_2 3RD -day of.OCTOBER My Commission Jud. 876 «-CT) OFFICIAL SEAL MARSHA M. SMITH Notary Public-California Principal Office In -te A ,->.-.,->ir>g County My Comm. Exp. May 10, 1988 Notary Public. CERTIFIED COPY GENERAL POWER OF ATTORNEY No 5U98 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Albert A. Christian of the City of its true and lawful attorney Covina in and for the State . State of California California for the following purposes, to wit : To sign it? name as surety to. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy oi which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Albert A. Christian may lawfully do in the premises by virtue of these present.-. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 13th day of March , A. D. 19 83 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND. BALTIMORE CITY, (Signed) (Signed) Jeanne H. Eddy D a v i d P. Wi n g e r Vice-President. Assistant Secretary. On this l8th day of March , A. D. 1983 , before me personally came Jeanne H. Eddy .Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David P. Winger , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Jeanne H . Eddy and David P. Winger were respectively the Vice- President and the Assistant Secretary of the saici UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19..Y.V. ,„„'. .„. ,,( SEAL ) ( S igned )Margaret M. Hurs Notary Public. Set.STATE OF MARYLAND BALTIMORE CITY, I, 5 aundr a E . Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, aad has a seal, do hereby certify that Margaret M. Hurst • Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same beine a Court of Record, this l8th day of March , A. D. 19 8 3 ........... ^aundra E. Banks .................. Clerk oi the Circuit Court for Baltimore City. FS 3 (1-83) ,*•-*, (SEAL)(Signed) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act. to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact. or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. /, George R . Downer , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Albert A. Christian of Covina, California , authorizing and empowering hiffi to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. Jra Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on J^J 331 7?[L. ' (/ate) Assistant Secretary. CERTIFIED COPY GENERAL POWER OF ATTORNEY M« 9U198IiO Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Albert A. Christian of the City of Covina . state of California its true and lawful attorney in and for the State .of California for the following purposes, to wit: To sign its name as surety to. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth iti the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Albert A. Christian may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 18th day of March , A. D. 19 83 UNITED STATES FIDELITY AND GUARANTY COMPANY. ,„. ,N „ Jeanne H. Sddy(Signed) By -.... Vice-President. (SEAL)David P. Winger[Signed) Assistant Secretary. STATE OF MARYLAND. BALTIMORE CITY, On this 18th day of March . A. D. 1983. before ;r.e personally came Jeanne H. Eddy , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David P. Winger , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Jeanne H . Eddy and David P. Winger were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate sea!, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. _ My commission expires the first day in July, A. D. 19... H. ,c^T> ,„. ,, Margaret M, Hurst(SifiAL) (signed) r Notary Public. STATE OF MARYLAND )} Set. BALTIMORE CITY, ) I, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that i am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 18th day of March . A. D. 19 8 3 /qTTfl'M c«-D->^an> Saundra E. Banks^ i_ .i-iti-U j ^ w x ±3 —kC •_*. i • - • • - • Clerk of the Circuit C:jurt for Baltimore City. FS 3 (1-83) ,..«'., COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 7, George R. Downer , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Albert A. Christian of Covina, California > authorizing and empowering hilfl to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I havei hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on S Assistant Secretary. - 17 - CITY OF CARLSBAD SPECIAL PROVISIONS FED-AID PROJECT #PMS-OOOS (218) Section 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the Standard Specifications, dated January, 1981, and the Standard Plans, dated January, 1981, of the Department of Transportation, State of California, insofar as the same may apply and in accordance with the following Special Provisions. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. Wherein the Special Provisions, Notice to Contractors, Proposal, Plans, Contract, or other contract documents, the following terms are used, the intent and meaning shall be interpreted as follows: State Engineer Director CALTRANS General Prevailing Wage Rates; Labor Surcharge and Equipment Rental Rates Standard Plans Standard Specifications Manual of Traffic Controls City of Carlsbad City Engineer or authorized representative City Engineer, City of Carlsbad California Department of Transportation State of California Business and Transportation Agency, Department of Transportation, General Prevailing Wage Rates; Labor Surcharge and Equipment Rental Rates. State of California Business and Transportation Agency, Department of Transportation, Standard Plans, dated January, 1981. State of California Business and Transportation Agency, Department of Transportation, Standard Specifications, dated January, 1981. State of California Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, current edition. SECTION 1-1.40, "State Contract Act", of the Standard Specifications is amended to read: 1-1.40 State Contract Act. Chapter 1, Division 2 of the Public Contract Code. The provisions of this act and other applicable laws form and constitute a part of the provisions of this Contract to the same extent as if set forth herein in full. Any reference in the specifications and other contract documents to Sections of former Chapter 3 (Sections 14250-14424 inclusive) of Part 5 of Division 3 of Title 2 of the Government Code shall be deemed to be a reference to the successor section of the Public Contract Code. - 18 - SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 General The bidder's attention is directed to the Provisions in Section 2, "Proposal Requirements and Conditions", of the Standard Specifications and these Special Provisions for the requirements and conditions which he must observe in the preparation form and the submission of the bid. Section 2-1.11, "Competency of Bidders", of the Standard Specifications is deleted. Prequalification will not be required for this project. Public Contract Code Section 10232 (Chapter 466, Stats. 1982) provides as follows: Every Contract shall contain a statement by which the Contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two-year (2) period because of the Contractor's failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the Court because the Contractor has complied with the order which was the basis for the finding. The State may rescind any Contract in which the Contractor falsely swears to the truth of the statement required by this section. A form for the statement required by Section 10232 is on the page preceding the signature page of the proposal. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of and the Proposal, Plans, Specifications, and contract forms for the work contemplated; and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the Special Provisions, and the Contract. It is mutually agreed that submission of the proposal shall be considered prima facie evidence that the bidder has made such examination. The quantities given in the Notice to Contractors, and in the Proposal and Contract are approximate only, being given as a basis for the comparison of bids. The Engineering Department does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer. PROPOSAL FORM. All proposals must be made on blank forms to be obtained from the City Engineer at his office in City Hall. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post - 19 - office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered, and the names, titles, and business addresses of the president, secretary, and treasurer. It is the responsibility of the bidder to make certain his bid has been properly received by the City Clerk. The City of Carlsbad will not be responsible for bids not properly received by the City Clerk under any circumstances. All bids received by the City Clerk after the scheduled time of the opening will be rejected and will remain unopened. There will be absolutely no exceptions to this condition. REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES. Proposals may be rejected if they show any alternations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. The right is reserved to reject any and all bids. BIDDERS' GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of said bid; and no bid shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. PAYMENT RETENTION CLAUSE. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City of Carlsbad to ensure performance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Carlsbad or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. 2-1.02 MINORITY BUSINESS ENTERPRISE. This project is subject to Part 23, Title 49, Code of Federal Regulations, entitled "Participation by Minority Business Enterprise in Department of Transportation Programs". Portions of the Regulations are set forth in Section 6-1.04 of these Special Provisions, and the Regulations in their entirety are incorporated herein by this reference. "Policy." "It is the policy of the region's local governments that Minority Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 apply to this agreement." - 20 - "MBE OBLIGATION." The recipients or its contractor agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain MBE participation in this project, although there are no specific goals for MBE participation. If MBE participation is obtained, the successful bidder shall furnish the Engineer with the names of MBE's to be used, with a complete description of work or supplies to be provided by each such MBE transaction. - 21 - SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract", of the Standard Specifications and to Proposal Requirements and Conditions of the Special Provisions for the requirements and conditions concerning award and execution of the contract. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of bids. All bids will be compared on the basis of the Engineer's Estimate of quantities of work to be done. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds. Each of the said bonds shall be executed in a sum equal to: Fifty percent (50%) of the contract price for the Payment Bond (labor and material) and one hundred percent (100%) of the contract price for the Faithful Performance Bond. One of the bonds shall guarantee the Faithful Pernformance of the said contract by the Contractor; and the other of the said bonds shall secure the payment of claims for labor and material; both as required by the State Contract Act, Sections 14371 through 14375, inclusive. Bonds shall be furnished by surety companies satisfactory to the City Engineer on forms provided herein. 3-1.04 EXECUTION OF CONTRACT. The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days, excluding Sundays and legal holidays, after the bidder has received notice that the Contract has been awarded. No proposal shall be considered binding upon the City until the execution of the Contract. Failure to execute the Contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded to him, shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. 3-1.05 RETURN OF THE BIDDER'S GUARANTEES. Within ten (10) days after the award of the contract, the City Clerk will return the proposal guarantees accompanying each of the proposals which are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees except those forfeited will be returned to the respective bidders whose proposals they accompany 3-1.06 INSURANCE. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, maximum $500,000 Bodily Injury & Property Damage combined (each occurrence and aggregate) comprehensive general liability is required. - 22 - SECTION 4: BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATION OF DAMAGES 4-1. Attention is directed to the Provisions in Section 8, "Prosecution and Progress", of the Standard Specifications and these Special Provisions. 4-2. The Contractor shall begin work within fifteen (15) days after receiving notice of said approval of the Contract and shall diligently prosecute the same to completion before the expiration of 30 working days from the date of said approval. The Contractor shall pay to the City of Carlsbad the sum of $100.00 (One Hundred Dollars) per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. In no event will liquidated damages, as provided for in this Section 4, exceed $100.00 for any one calendar day's delay. - 23 - SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS 5-1.01 PREVAILING WAGE. Attention is directed to Section 7-1.01B, "Prevailing Wage", of the Standard Specifications. The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication, entitled "General Prevailing Wage Rates", refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each succcessive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the contract. 5-1.02 PAYROLL RECORDS The first paragraph in Section 7-1.01C, "Payroll Records", of the Standard Specifications is amended to read: The Contractor's attention is directed to the provisions of Labor Code Section 1776, a portion of which is quoted below. Regulations implementing said Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Administrative Code. The Contractor shall be responsible for compliance by his subcontractors. "(a) Each Contractor and 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 acutal per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. "(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. - 24 - (2) A certified copy of all payroll records enumerated in Subdivision (a) shall be made available for inspection or funished upon request to a representative of the body awarding the Contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards 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 copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the Contract, the Division of Apprenticeship Standards, 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 shall not be given access to the records at the principal office of the Contractor. "(c) Each Contractor shall file a certified copy of the records enumerated in Subdivision (a) with the entity that requested the records within ten (10) days after receipt of a written request. "(d) 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, 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 awarded the Contract or performing the Contract shall not be marked or obliterated. "(e) 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 (5) working days, provide a notice of a change of location and address. "(f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after the 10-day period, the Contractor 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 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, these penalties shall be withheld from progress payments then due." - 25 - 5-1.03 LABOR NONDISCRIMINATION. Section 7-1.01D, "Labor Nondiscrimination", of the Standard Specifications is amended to read: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996 - Stat. 1980, Chapter 992), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action, and equal employment opportunity requirements in the Special Provisions. - 26 - 5-1.06 PUBLIC SAFETY. The fifth paragraph in Section 7-1.09, "Public Safety", of the Standard Specifications is amended to read: Whenever the Contractor's operations create a condition hazardous to traffic or to the public, he shall, at his expense and without cost to the State, furnish, erect, and maintain such fences, temporary railing (Type K), barricades, lights, signs and other devices, and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. Such fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished, erected, and maintained by the Contractor, at his expense, are in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications. In addition to any other measures taken by the Contractor pursuant to the provisions of this Section 7-1.09, the Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations. Any excavation, the near edge of which is 12 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. (b) Excavations less than one foot deep. (c) Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot (I1) in diameter. (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes, where the slope is steeper than 4:1. (f) Excavations protected by existing barrier or railing. (2) Temporarily Unprotected Permanent Obstacles. Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of the existing protective railing at an obstacle and does not replace such railing complete in place during the same day. - 27 - (3) Storage Areas. Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications." The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered, and payment therefor will be included in the price bid for various other items of work and no additional compensation will be allowed therefor. Signs, lights, flags, and other warning and safety devices, and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways", published by the Department of Transportation. Any signs or other protective devices furnished and erected by the Contractor at his expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning, and function of either existing signs, lights, and traffic control devices or any construction area signs and traffic control devices for which furnishing of, or payment for, is provided elsewhere in the specifications. Signs furnished and erected by the Contractor at his expense shall be approved by the Engineer as to size, wording, and location. The seventh paragraph in Section 7-1.09, "Public Safety", of the Standard Specifications is amended to read: Construction equipment shall enter and leave the highway via existing ramps and crossovers, and shall move in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic. Except for installing, maintaining, and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications: Approach speed of Public Traffic (Posted Limit) (Miles per Hour) Work Areas Over 45 Within 6 feet of a traffic lane, but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane, but not on a traffic lane. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width of an existing lane to less than ten feet (10') without written approval from the Engineer. The lane closure provisions of this Section shall not apply if the work area is protected by permanent or temporary railing or barrier. - 28 - When work is not in progress on a trench or other excavation that required a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not less than the spacing used for the lane closure. 5-1.07 RESPONSIBILITY FOR DAMAGE. The fifth paragraph in Section 7-1.12, "Responsibility for Damage", of the Standard Specifications is amended to read: It is the intent of the parties that the Contractor will indemnify and hold harmless the State, its officers and employees from any and all claims, suits, or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the State, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the State, its officers and employees. 5-1.08 REQUIRED SUBCONTRACT AND MATERIAL SUPPLY CONTRACT. Attention is directed to the following section of these Special Provisions entitled "Arbitration". All contracts valued at more than $15,000 between the General Contractor and its subcontractors and suppliers shall include a provision that the subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the State by all terms and provisions of this Contract, including the arbitration provision. 5-1.09 ARBITRATION. Article 8.1, (Sections 14410-14410.13, inclusive) of Chapter 3, Part 5, Division 3 of Title 2 of the Government Code (Chapter 769, Statutes of 1981) provides for the resolution of contract claims by arbitration. Claims (demands for monetary compensation or damages) arising under or related to performance of the contact shall be resolved by arbitration unless the Department and the Contractor agree in writing, after the claim has arisen, to waive arbitration and the have the claim litigated in a court of competent jurisdiction. Arbitration shall be pursuant to Government Code Sections 14410- 14410.13, inclusive, and applicable regulations (See Subchapter 3, Sections 301- 382, inclusive, of Chapter 2 of Title 1 of the California Administrative Code). The arbitration decision shall be decided under and in accordance with the law of this State, supported by substantial evidence and, in writing, contain the basis for the decision, findings of fact, and conclusions of law. Arbitration shall be initiated by a Demand for Arbitration made in compliance with the requirements of said regulations. A Demand for Arbitration by the Contractor shall be made not later than 180 days after the date of service in person or by mail on the Contractor of the final written decision by the Department on the claim. - 29 - 5-1.10 TERMINATION OF CONTROL. Attention is directed to Section 8-1.08, "Termination of Control", of the Standard Specifications. If the Contractor's control of the work is terminated or he abandons the work and the contract work is completed in conformance with the provisions of Section 14396 of the State Contract Act, any dispute concerning the amount to be paid by the Sate to the Contractor or his surety or to be paid to the Sate by the Contractor or his surety, under the provisions of Section 14399 of said Act, shall be subject to arbitration in accordance with the section of these Special Provisions entitled "Arbitration". The surety shall be bound by the arbitration award and is entitled to participate in such arbitration proceedings. 5-1.11 DETERMINATION OF RIGHTS. Section 9-1.10, "Determination of Rights", of the Standard Specifications is deleted. 5-1.12 PAYMENT OF WITHHELD FUNDS. The second paragraph of Section 9-1.065, "Payment of Withheld Funds", of the Standard Specifications is amended to read: Upon the Contractor's request, the Department will make payment of funds withheld from progress payments pursuant to the requirements of Government Code Section 14402 if the Contractor deposits in escrow with the State Treasurer or with a bank acceptable to the Department, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions: a. The Contractor shall bear the expense of the Department and the escrow agent, either the State Treasurer or the bank, in connection with the escrow deposit made. b. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section. c. The Contractor shall enter into an escrow agreement satisfactory to the Department, which agreement shall include provisions governing inter alia: (1) The amount of securities to be deposited; (2) The providing of Powers of Attorney or other documents necessary for the transfer of the securities to be deposited; (3) Conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to, termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the Contract; '4) Decrease in value of securities on deposit, and ,5) The termination of the escrow upon completion of the Contract. d. The Contractor shall obtain the written consent of the surety to such agreement. - 30 - 5-1.13 MBE RECORDS. The Contractor shall maintain records of all subcontracts entered into with certified MBE and female subcontractors, and records of materials purchased from certified MBE and female suppliers. Such records shall show the name and business address of each MBE and female subcontractor or vendor, and the total dollar amount actually paid each MBE and female subcontractor or vendor. Upon completion of the Contract, a summary of these records shall be prepared and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. 5-1.14 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments", and Section 9- 1.07, "Payment After Acceptance", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.15 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provision in Section 7-1.01N, "Sound Control Requirements", of the Standard Specifications and these Special Provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.16 SUBCONTRACTING. Attention is directed to Section 8-1.01, "Subcontracting", of the Standard Specifications and these Special Provisions. The "Subletting and Subcontracting Fair Practices Act" (Government Code Section 4100-4113, inclusive) applies to the items of signals and lighting, and requires subcontractors, if used for such work, to be listed in the Prime Contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized, and provides for penalties for violations of the Act. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of MBE subcontractors after the opening of the proposals. Each bidder shall, with respect to the items of signals and lighting, list in his Proposal: - 31 - 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render services 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 one percent (1/2%) of the Prime Contractor's total bid. 2. The portion of the work which will be done by each such subcontractor. Only one (1) subcontractor shall be listed for each such portion. A sheet for listing the subcontractors, as required by the Subletting and Subcontracting Fair Practices Act, is included in the Proposal. 5-1.17 HIGHWAY CONSTRUCTION EQUIPMENT. Attention is directed to Sections 7-1.011, "Vehicle Code", and 7-1.02, "Weight Limitations", of the Standard Specifications and these Special Provisions. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this Section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 5-1.18 CONTRACTOR'S LICENSING LAWS. The third paragraph in Section 7-1.01H, "Contractor's Licensing Laws", of the Standard Specifications is amended to read: Attention is also directed to the provision of Public Contract Code Section 10164, which provides as follows: "10164. In all State projects where Federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this State. However, at the time the Contract is awarded, the Contractor shall be properly licensed in accordance with the laws of this State. The first payment for work or material under any contract shall not be made unless the Contractor's State License Board indicates that the Contractor was properly licensed at the time the Contract was awarded. Any bidder or Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors State License Board. The Department shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure to execute the Contract as provided in Section 10181 and shall result in the forfeiture of the security of the bidder." 32 SECTION 5 SECTION 5-2. FEDERAL MINIMUM WAGES 5-2.01 Mlnlnua Wages.—Attention Is directed to Section 6, Federal Requlrenenta, of the Special Provisions and Decision No.CA83-5119t of the Secretary of Labor, Included herein. ASBESTOS WORKERS BOILERMAKERS BRICKLAYERSI STONEMASONS BRICK, BLOCK and STONEMASONS* SOratSEDEAS DBCISION California . OODMTYt San 01*90N^NUNSERi CAS3-S119 BATE. Data of PublicationSuperiedeBBecieion Mo. CA62-S122 dated September 3, 1M2, in 47 n 39075DESCRIPTION Or MOMi Building Project* (including R*ald*ntl*l ftojcctseonaiatlng of aingl* family boMS and apartMitta up to and including 4 •tori*a)i B*avy »roj*cta (aieludlng Nat*r «at*r Drilllnqjj Proj*eta and CarpentersPlladrlverMillwright*i FMUMtie•alien Bardwood Floor-lay* r* Ition.Ca«*nt NaaonaColor worki Naatle or Bpoiyt riniahin* Machinal Curb Machine DIVSRSiDi«*r •tand-by DiversT*nd*rWYMMX ZMTALLBM/ LATHERS MYWtLL miSBBMBLBCTKICIAMi Uaetrieiana Cabl* Bplieara Otility TacteieiM Bound Inatall*ra BUVATOR COMSTROCTOMl Nachaniea Balpara Probationary BalparslouaitRS *MK Nevfty •MM 21.2921.39 19.09 15.42 18. 5« 11.11 19. 1« 14. <« 14. 9« 42.17 21.06 20. OC 19.9015. 31 22. IS 22.60 16. SO 16.47 22.24 15.57 11.1217.87 rrtaf. KSfMHtt $3.683.963.S9 4.54 3.893.89 3.19 6.17 6.87 .89 .69 .89 .23.48 3.78*3t3.764 3%0.47*3*1.46* 3% 2.69* a2.69* 41 3.15 IRONNORXERSlPane* BrcetoraReinforcing; OrnaB*ntali StructuralIRRIGATION and LAMM SPRINKLERS LIME CONSTRUCTION:Groundaan Lineman Cable Splicer* PAINTERSiBruah, Paint BurnerBruah (awing «tag*), SprayPapvrhangcra, Spray (awing atage) Sandblaster (awing atag*)i iron, ateel and bridge paintera (awing atage)t Iron, ateel and bridge painter. Spray (awing atage) Bandblaatcn Iron, at**l and bridge painter (groundwork)> Iron, ateel and bridge paintera. Spray (ground work)i Rigg*ra, cllvbinate*li Bruah, eli»bingat»*l and bridge> Spraycliabing *t*el andbridg*Ste*pl*jackTaper amc N*vOy •MM IK.41 17.30 IS. 00 1C. 83 2i.ee 22.16 18.37 18.62 18.87 19. 37 19.1220.0219.37 rri*«•mitia $8.53 8.53 39% 3.65-4t3.65+ 413.65+ 41 4.67 4.67 4.67 4.67 4.67 4.6T 4.67 MW-01 S.D CO DaxttlO*) •>. CUl-lllt PnlBTCMi (Cant'd)Parkin* t*>t work and/or•ifhwny nerkoteiTretfic PellneatlnaBe*Ice ApplicatorBnefl ttapleetelleri•trlpari and tend-blaeter•lorry •**! Op*r*tlonifiafflc »wrfac* fto-tectl** Coatinf•ppllcetorMaai Operator tt PIPtPITTCMi •teanflttatai Mr Con-dition, Befrloaratlon MPT PIAOP. IATOS•PBiiaum Firm*TILS, MtBBLt. andlO i s HI. 41 la.ta 11.41la.ta U.4S llltl14.14 11. » 14*)*)a*, is14.4S11.47 U.M 14.14 11. 4S14. IS 14. IS14. IS 1«.M ££. ll.4«*4> !.<•«• .44*b .»•»• .M* !ai.at .4t.14.M.14.11 .ts .M .SI.SI .SI.SI .SI tOwa"B a^olPNawT OPtXAToajCroupCroupCroupCroupCroup•toap •roupCroup aawTMIMi (BydtaalU•action Oredeelilever nan•etch BjNjIiieeti Balder iaad OeckaeteMiocene* If tera Mlnabot Oredte)•eraeneni PetkhkatiPlrenant Oiler iiavewhaad MA^enwt t iMMMAve Levemennatch tnelneet* and •eckaate•arteMte•atpenani BirkbeadiPlroneni Oiler TIBCt. DimMi•toap•roup •toapCroup•toapcroup MM, S14.ll 1C .9] 14.41 14.14 17.1411. at 11.41U.M11.11 14.lt 17. M M.tl 14.41 14.10 11. SI11.44 14.41 14.11 IS.lt is! siIS.lt11.11 ••Q. 41.14 1.14 1.14 7.14 1.14 1.14 1.14 1.14 1.14 4.41 4.41 4.41 4.41 4.41 4.41 4.41 4.41 S.41 S.41 S.41 S.41 S.41S.41 Croup li laborer (teneral eanatroctloalt Aaphalt Irener -•pteaderi Bo<Ina Machine Tendiri Caulker! Ceaepocl Oliverand I*e talleri Ckuektender (eicept tunneleli Concrete Caret(tapervtoua Noabrene end Porn Oiler)i Concrete Meter cur inf.Cattlni Torch Operetor (denolitlon)i OrilUr'e Tender ICale- aon) Including Mllowera, Drl Pak-tt Naehlne. Concrete CuttlnfTorch. Pry packing of conctete. ploMin«, fllllne, ot Bhee Bolt •olee. Pin* Credet on hlthaoy*. atreet* and airport peolna (i and dtBlnaf* Itaaa when anployodli forn Bloweri Cea and OilPipeline Uboreri Culne* CbeMn Jet M*niand Mat•err NMI taoer Bean in eaanoctlon with laborer* wotkiI Bod 4t*el and Panai plpeleyer'a Back** Man leoatlat.i. dlaperiat andlnt> ooklni of Jolata. eeelliMj. cewlktaf. diaperi*din« tukbir Ceaket Jolate and polatln*)i Mallrond work labor*ri fUfftaf and llonaliaa., Mptap 4tanapa*eri •andblaatat(Pat IMMNtrti •eeler. •optic Tank Oloper and laatalleri Tank W ag Vr* «to« Cbeckeri M*o>e* CloenenaBBwtli BMier. w•color and Cloanat. Tool •an (•ealte •ton* li Mpnalt Bakari • m nklle Na*i Caward ot latter olier* and handllnf bulk conentli Conctete i•an |wacladl*f tractor type, •oto-oerepar, Cblpplaf Banner. Comet* Cote Cutter aad Concrete Grinder and tender)! Cribber - •rtoter. laeatne and Trench •raclna, Bnad-ejuided latflna Bewaeri•tiller - All power or Ilie. lacludlnf Jackhaenif. whether Core, •lanond. Maoaa. Track, Multiple Halt, and all type* ot Macbanleal•tllla without toeard to the foro of native poweri Driller (allother where drilling la for aoa of •aploatvoalt Cea aad Oil Pipe-line wrapper (Pot Tender and Para nea)i Ca* and. Oil Mpallna•tapper (4 Inch pip* and ovet)i Operatac and Tendere it pnea••tie, aa* and electric toalai Conctete Paopai vibtatlnt MO-ehineei Malti-plete Inpect Mrench aad atelier Mechanical tool*not eeaotately claaalfied hereini plpalayet Iperfotnlnt all eat-ee In the laylnB and inetalletlon of pipe fron the point ofeloee In the l*y**«l «nd inetelletlon of pipe from the point offoeolvlao pip* until completion of the operetta*, loclodlnt any and all tocan of tobeler naterlal, vbetber Pipe, Net el lie ot MClftOM MO. CMl-Sllt —••- l - fteeelte rete pre*crlbe4 (or crett perforelne•per et Ion to irblcb rieeln* or oeMint I* lecM«nt«l. ^ ain nttelllc. Condvit and any other etatlenery type ot doeloo eoed tor tbe canveytn* of avbotanc* ot eleneat. whether watet, »mete. (olid. •**, air ot other predocte wkat-oo-oeoi and wltnoet retard to tbe aetare of neteriel fron which the tobelar neterlel la fabricated* Pomterannt Slaatote* TendereiProtabtlcated Heahole tnetelleri Back •lloteti •andblaaur end•etetbleater (HosiUnen) i aceler (ueinf pea'n Chair, tefety Mltli•teel •eaderboera Ment Tree Cllntwt, aeln* aochanlcal tooleiin connection with laborer'* worki 6vn Han Ifvalte Indaatty) TipTcfr eontrlbetee 44 of beelc bowl* rete for S veer** •erelc* end 44 ol beelc boorly rete for 4 oonthe to 5 »••'•' •ervlce ee Teeetion Pey Credit. 4 Pel« •olloeyei ft through p. 0-tebor Dayi eVTb*nk*g!*!•« oeyi r-chrletnaa Day.Ban Orayp li alaeterei orllleret powderneai Cherry Plekeraent OroutQuaneai Reaper and other pneunatlc Concrete Mecer OperetorUlneie in ehort dry tunnel* under atreet*. hlaimaye and alellarpiece*i Miner! - tunnel (hand or •echlneii Powoeraan Itunnelwork)i tteel Porn Releer* end Setter*! Tiaoeroent ••tlnberoen - wood or ateel Oroup li wall wan* Mucker* (TrackawJilt Chocktenderi Cabletenderi Concrete Crew (Include! nodder* end (preader*)i Oaapooni OroutCrewi Tender for tteel Porn teleere and 4etter*i Hucker* - Tun-nel (hend or nechlna)i Hipperi Svaaper llreekoen end twltchnan)oa tunnel worki Vlbrttornenj Jeckhaaaori Pneuaatic tool* (eicopt•tiller)) Nutll-plate Inpact Rrench 4Jto*» Ji Pendernen • Prlaxr •**** (lleenaad an tunnel warkli•baft and Kali* Mineri thlftarai cleeter* (llconeed) all workof whateeortyp* t*t*rdl*i* ot oatbod uaed for eucb loadlnt andplaelna oo CO •CUtO* MO. CkM-SU»DKIVIOI kV. CU1-1U> MX:• ioo _—r .. . : Operetort BBglaeer OtlanOenoratori PBBPI •IgneloMi •vltchnMi Mtcneltohi lle-vetor Operator Unaided Porhillt lander t t*no)i «ete Mlaer (atlp typed Canie|uu PIPlant Operator t •enerator. PBBB or C4MoeB) 21etatlc *OB»I Plant Operatori •enerator. ._•MM* Mill Tender (Oilfield) I MiplOOderto j/4 i«- e>ttk»ot attecbawitei lolla Plel< 10* PltOBOni Teoporory Boating »la**l TrenConcrete my Oiler (tract MoBtool —™. - "heel type -,.PleM Technician! Tar Trenching Mechln* Oileri Pnrd Peroeoon t<Hth otogtype *ttocbBent*d «ell- —•- • 1 Concrete Coring Machine) paver • riven JOBDO Maator (BotCrane Oiler •roe* *i kaphalt Plant•preadlng Machine!notl*o or Motoraan M (groondd Po«or Concrete Coring MockneiJOBBO Poro *ettori •tatlonory Up* MappingHKklMi Orctoll Ollni t»ff« TMik MI« «ti«MiMtli TrMCkct Oll«f ItoondattoMli Truck .. Manx rirvMi _•».-, ——i ChipInet Concrete PMB» Operatori Pink** loco-in (10 ton)i Helicopter •oliti aighlin*Cebievay •Ignalnnni rover Dveeperi Trenching Machine (up to t ft.) i Concrete PVBB> Operator, track nonatedi Be"— Groop Si n-troBB •Inch Treek _, . _,Concrete hatch Plant Operator (where oaaBMrclal power 1*not OBod. no leee than on* Generator Operator I* required!roaphalt Spreading Mechln* Operator lapreeder Mar end eintlard•It fharpeneri •onan or Nl«*rnan (aaphalt or concrete)! Con-crete Joint Machine Operator (canal and alnilar type)i Con-•r*t* planar Operatori Derrleknen (oilfield typed Orllltag Machine Operator (including water welled Baulpnent OreaeeiIMohll* and Greaae «*ek)i Porkllft Operator (over 5 ton cape-cltyd •ydro-baBBer - n*ro •tonperi Bvdrograpbic Boeder He-chine Operator (atraw. palp, or eeedd Machine Tool Operate*)•eglMU Internal Pull Slab Vibratori Mechanical Ptnlaher Ope- rator |Ca*erata-Clary-Johnaon-*ldv*ll or del lard PavenentBreaker Operator (truck nounted, oiler reawtredd Boed oil-•— -———- •-«».. r**mr*tta, Baaa Carrier Opa- •reoB «r kapnalt or Onncrete Plant afctinoatt keyhalt er Concret*•preading operator (tonplng or finlahlng)i kaphalt Paving MachineOperator (Barber Oreen or *loll*r type)i natonetic Cerh Naehtnei•alt opllcer or TAOcanlBari Ml Line kttad Poetori flagner rectoror atollar Operatori Bridge Crane Operatari •rldoe type Onloaderand Teratable Operetort Caat-i»-pl*ce Laying Mecfcinei Cea*lnatlan•leer and Coapreaner Operator (Gonit* norkli Concrete Mlneri Con-crete ntaer Operator - paving (Oiler reqelredli Cren* Operator (opto and Inclodlng « tan capacity)(Oiler regelred)(Long BOOB Pay applicable)! Croaking Plant Operator (Oiler required)(ohere cos- •erelal power I* not oeed. no loaa than on* Generator Operator |e required)! Deck engine Operatori Drill Doctor i Uevatlng Grade Ope- ratori Orad*11 Operator (Oiler required)! Grade Checkeri GroatlngMachine Operatori Goard nail root Driver Operator! Beery Duty M*.pclrneni Bolat Operator (alngle dron - keck Bolat - Chicago BOOKand alnilar typed Bolat Operator (J or J drun» lolnan Belt Loaderand einllar type (vnen too or nore are eorklng together an addl*tlonal enployee *h*ll be required) i LeToarneaii Blob CoBpecter orBlBllar type) Uft Mobile Operator (Oiler reqotrvdd Lift SlebMechlna Operator (Vagtborg and elnllar typee)i Material noltt Operator (1 druo)i Mucking Machine Operator (1/4 yd.) (Oll*rre«*lred)(rubber-tired, rail or tract typed pile Driver Ope-rator (Oiler roaolredd Pneeoatie Concrete Placing MachineOperator (kackley-rreeeeell or elollar typed Pneuoatlc Beading•hleld (toMMld PoBBcreto Con Operatori Polar Gentry Crane Ope-ratori BBtary Drill Operator (encludina Calaean type)(Oiler re-qaired)i kubber-tired Berth Moving tqulpaent Operator (rln^leCucljd, »th«y Mgon - •aier rulla and •!-type* «ltk any and all attachments op to SO eu. yd*. *trock)ir-tlred r - - --- engine - Caterpillar •liar type* n-ltk anyBobber-tired tcraper Operator (aelC-loadlng paddle vheel type -John Deere 104 and alnilar alngle ealtli Bkiploader Operetor (wheel or track type, over It yd*. OB to and Including *% yda.d•tinner Crane |n«*tln-«e*t*rn-p*ttlbon* or alnllar type) lover Jton*)i kerlece Beatera and Planer Operatori Tractor Coopr**aorDrill CoBblnatlon Operatori Tractor Operator (Bull Ooter. Tanper.•creper, and Pooh Tractor, aingle eaglned Trenching Machine Ope-rator (over t ft. depth capacity - •enafactareie rating) (Oilerrequired)! Tunnel LocoBotlve Operator (10 to U toned UnlverealBquionent Operetor (•hovel, kaethoe. Dragll"*. Clanehtll. up toand Inclodlng 1 cu. yd. H.k.C.) (Ollor required) (Long BOOB ray oppllceble)! Bolder (general) i •creed Operetori (tlngor Crane (nuatia->*«««n »• -.—.-typed Traveling Pipe Mapping. Cleaning and Bending Ma-chine Operator! Track type laeoeri Tagger kolat (1 druo) Fadwal Register / Vol. 48. No. 181 / Friday. September 16, 1963 Federal R«t r / Vol. 48. No. 181 Xday. September ' 983 •RMNB M. CMl-lltt Ti MMMtle UMM Tooolon NMklM (1 Oporttot roMiro«|»~CtM> OporoMt low M tOM, M M MO tMlMln« 100 ton t.f.C.1IUM MM »o* oppllcMlol lOllot tomltoOi Btrclck Mm Op«- MMf |OUo« tomtco*. M M 100 MM) iovof tOO MM. rlcoMit 01 Oilot fMOlto*) I BMl 0>OB HlHt (Ollot tOMltoO) I Ooltt >~ (1 Of } OCM mitt, (PMf let W OlOlUl flfocttoi U«. Coy11 Mi*t CpOMtOr (OtlM M M 100 tM MMCttfl lOtMt fOMlroO.- - • BoclM, -' iMBi^iMlMMtiatlM typo M* ^Ml«f Mi "Mo I MO •totter MM. MCI OpMOtw (a Opotototl i OpuoMt tedtlplo oi M M M. fM. MtMk) > Kiovloc OM •fcool typo. •»•( •% *M.)» Tioctoc MtMMMtat |o**f 40 ft. MM. Mtot rotoc IMO Opcroto •OBipOMt OMf *tOC tartk .. koekkot. OtMliM, ClOMlMll, 0*01 1 Ml MlMi-OM** Mty MMlcoonM« otkor atalUr •oMllt ftmti Ol -, (tM O* •». fM.ll MCki«>u>i flotOklM •lOf OpOfOtOCI MtOI »0tlol Cr»oo*Oror*toi*|«*of 100 too*. MM tworatoc• r»r •fplteokloli NMI t«co*»tocMO MlM fOMtroO. IOM tkta TMHoektno Opoiatoci Hokll* foto OpOf«Mt (Mltl-MftMtl MM ••lac Ctf .« 0*»r«Mt iVtwM*" "• w (lalUc w •»• wit*) iMilt*l ft•qmr*** •«••!(•< - OlUc, «t Oftllmpt*- tlloti MfkliM Citoctk Urn •« tfulMfit Op«f>Mc <•* !•••ic oMItloiul M iwr Op»r«Mci MoaM CMt«alto«Ino ••• <h3*r*toc (kail oonaM «ot«•fvlfcwit « «w tl«») lii.oo t*ct«t«» i M»*l Bieavctoc Op*t »«of |«**c tM M4 OM Ollcc *•* Mo W 3 a «« Oo»tr«l. a «Uftt Mcum; 0)1 Mp >« 1 Ml* MBM 1 MM PMtkoOll t Ml* OMM tVMftOt >>Mta Mitral MatlMMliMM**M. 1M* tkM 0% VM.I fWkllft 11.000 1M. MO omn PfOllitlpollM MftlM ttMk B*I«W| MM* 041,.^«... ".-..« PUtfltMM W tlMff KlvMI MOMMI MM M MMI 4 Ml* feo*• •• «l ««I-»*00 MMp. «M** M MMI 4 Ml* tat 1*M t)kM T Ml»| tPlltll MO tlkllOfl ttMOlt MU. MMT 0 «M.I > MlO «tt*f TfMtM MMlM OOMtOll 0»Mt UMT) PJMMfOM 0% yM. MO MMI •MMMMl W 10'», JO'O MO MMI tMl VtMk MO OfMBlMl WMM. a MlOlTfMk OfMMI tl Of(-t*M MM. » MM MO 0»OI| V Ml* M MtOI TKMOtt 0 >4o. on* ovoti t-lc«B* »c OnoOtok CXVMOI TlIMMi OkMtTMk*rai MIOori »i»ek Txock, > oil* M Mf* OJroop ti OM-tMO•t>. - •vll •TMP Oi troek kopolraM PallatoO cUMtrieotloM *••»»$ fa* Mfk Mt iMtoOoO — MOM Of tk» ClMOlftMttMO li(t»4 Mf M OOttoO OftOC MO 9 Mlf M pfMMoO la tM l«Mf MiaOirM oontxoct eUMM tat CPft. t.SUM1M1III GOcn SECTION 5 Federal MODIFICATIONS er / V<>»- 4* No. 2» 1 Pndey. November 25, 1083 DECISION NO. CA13-S119 - Mod. 11— rrrrn 41702 -September If. 1*13)San Diego, California Change:Diver* tDiver*Stand-by Diver*Tender*Drywall Inataller*/Lather*elevator Constructor*!Mechanic* Helper* Probationary Helper* Omit:Electriciana:Utility Technician* Add:"Electrician*:Utility Technician ttatHwn, HIM 142.1231.06 20. 0( 19. 14 22.74 15.92 11.37 16. SO (cover* ctreet lioht*. {traffic liqnala, and :underground *y*ten* |in *tre*t» and/oreatabliihed eaaenent*)It. 50 r *>£nn S3. 19 1.19 3. 97 3.00*a3.00«a .47* 3« .47. Federal Register / Vol. 49, No. 98 Friday, May 18, 1984 IDfCTSTW "S, 1M3) (sen Diego, CaliforniaIchangc;~ntimb»r*t Pipafitteni Staa*-1 fitteni Air condition.I MefrigwraUon I Tile <»»t>l« and Itrrazzo Setters 121.3* 17.35 11 "1 $7.«2 . MW-05 5.D 36 Federal Register / Vol. 49. No. 73 , Friday, April 13. 1984 DECISION ICAI3-5119-MODI2 (41 m 41702-Saptember 16,1913) San Diego. California rhange ; Asbestos Worker* Electrician* iElectrician* Cable Splicer* Utility Technician Sound Installers Laborer* i Croup 1Croup 2Tunnel Labor er*t, Group 1Group 2Group 3Lin* Construction: Groundman Linaman Cable Splicers POWtK EOUIPMENT OPEMTORS: Drtlginq (Hydraulic Section Dredqe) andClaashall Dredge*:Change Fringe Benefit* to read $7.05. B.B.R. to remain the Sheet Metal Workers DELETE! Parking lot work and/orHighway Markers; Traffic DelineatingDevice) Apolicator Wheel Stop Installer; Striper; Sandblastar Slurry Seal Operation!Traffic Surface Pro*tective Coating Applicator Mixer Operator Squeegee Man; Applicat-or Operator; Shuttle-manTop Man AddlParking lot work and/or Highway Marker* i Traffic Delineating Device Applicatorwheel Stop Installer;Striper; Sandblast*! Slurry Seal Operation: Mixer OperatorSqueegee mutt Applicator Operator; Shuttleaan Top Man •awNavrtv•«• (21.S4 23.15 23.60 16.50 16.47 13.1514.15 14.35 14.1514.60 17.41 22.61 22.91 20.23 13.41 12.92 13.4112.92 11.459.62 114.41 13.95 13.95 12.3710.39 Vi^^n"*"*• jl.UflL 14.92 3.7B+ 3%3.78+ 3%0.47+ 3%1.46+3% 5.725.72 5.725.72 5.72 3.6S+ 41 3.65+4% 3.65+ 4% 4.73 1.60+b 1.60« 1.60+b1.60+b 1.60+b1.60* 1.60* 1.604 1.60+ 1.60+1.60+ 37 S-22-43 Samoa «. FEDERAL KM FEDERAL-AID CONSTRUCTION PROJECTS A-t.Ot wMRAL.—The work herein proposad • III be financed In whole or In part with Fed- eral funds, end therefore all of the statutes, rules and regulations promulgated by the Fed- eral Oovernnent and applicable to work financed In •hole or tn part with Federal funds will apply to such work. The 'Wequlrcd Contract Provisions, Federal-AId • Construction Contracts," Font PR-I273, are Included In this Section 6. whenever In ssld required contract provisions references ere esde to the "State Highway Department Contracting Officer," "State Highway Department Resident Engineer," or •Authorized representatives of the State Highway Department,• such references shall be construed to Men "Engineer" es defined In Section 1-1.18 of the Standard Specifications. 6-1.02 PERPORMAJCg Qf PREVIOUS CON- TRACTS.—In addition to the provisions In Section II, "Equal Opportunity," and Section VII, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICA- TION WITH REOARO TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILINB OF REQUIRED REPORTS located tn the proposal. No request for subletting or assigning any portion of the contract In excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request Is accompanied by the CERTIFICATION referred to above, •Mcocuted by the proposed subcontractor. 6-1.03 NBKDU.Uf.IOM PROVISION.—The provisions In this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as s condition precedent to approval by the Federal Highway Administrator of the contract for this work that the Contractor file a sworn statement executed by, or on behalf of. the person, firm, auoclatton, or corporation to whom such contract Is to be awarded, certi- fying that such person, firm, association, or corporation has not, either directly or Indi- rectly, entered Into any agreement, partici- pated In any collusion, or otherwise token any action In restraint of free competitive bid- ding In connection with such contract. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather then as a sworn statement, as permitted by 28, USC, See. 1746, Is Included In the proposal. •-I.04 PARTICIPATION BT MINORITY BUSINESS ENTERPRISES IN SUBCONTRACTINB.—The foil Ing are excerpts free) Part 23, Title 49, Code of Federal Regulations entitled, "Participation By Minority Business Enterprise In Department of Transportation Programs." I f f f f f f f I I I § f f § I $23.1 (a) The purpose of nils part Is to carry out the Deportment of Transportation's policy of supporttmj the fullest possible participa- tion of firms owned end controlled by minori- ties end women, (MBEs) In Department of Trans- portation programs. This Includes eulsttng MBEs throughout the life of contracts In which they participate. fffffffffifffff* J23.2 Applicability. This pert applies to any DOT program through which funds are made available to of the public for accomplishing OOT's Contracts end subcontracts which are to be performed entirely outside the United States, Its possessions, Puerto Rico, and the North Mariana Islands, are exempted from this FR-t 38 J23.3 Definitions. •Afftrmstlve aBtlcm* meaes taking specific steps to eliminate discrimination and Its effects, to ensure nomdlscrlmlnetory results and practices In the future, and to Involve minority business enterprises fully In con- tracts end programs funded b> the Department. "Applicant* means one who submits en appli- cation, request, or plan to be approved by a DeportmentsI official or by a primary recipient as s condition to eligibility for DOT financial assistance; and "application" weens such an application, request, or plan. •Compliance* eeans the condition existing when a recipient or contractor has met and Implementid the requirements of this part. •Contract* weens s mutuelly binding legel relationship or eny modification thereof obligating the seller to furnish supplies or services. Including construction, and the buyer to pay for them. For purposes of this part, a leeae Is a contract. •Contractor* means one who particIpetes, through a contract or subcontrect, In any program covered by this pert, and Includes "Deportment" or "DOT* moons the Department of Transportation, Including Its operating elements. "OOT-esslsted contract" means any contract or modification of a contract between a recipi- ent and a contractor which Is paid for In whole or In part with DOT financial assistance or any contract or modification of a contract between a recipient and a lessee. •DOT financial assistance* means financial eld provided by the Deportment or the United States Railroad Association to a recipient, but does not Include a direct contract. The finan- cial aid may be provided directly In the form of actual money, or Indirectly In the form of guerantaes authorized by statute as flneeelel ess1stance services of Federal personnel, title or other Interest I* real or personol property transferred for leae then fair market velue, or ont benefits financially, Including licenses for the construction or operation of a Deep Mass Transportation (a) The Office of the Secretary (OST); (b) The Federal. Aviation Administration (FAA); (c) The United States Coast Guard (USCS); (d) The Federal Highway AdminIstrstlon (FHHA>; (e) The Federal Railroad Administration (FRA)f (f) The Netlnel Highway Traffic Safety Administration (NHTSA); (g) The Urbon Administration (UMTA); (h) The St. Corporation (SL50C); and (I) The Research end Special Administration (RSPA). •Joint venture* means an association of two or mare businesses to carry out e single busi- ness enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. "lessee* weens s business or parson that lasses, or Is negotiating to leeae, property from e recipient or the Department on the recipient's or Deportment's facility for the purpose of operating a transportation-retated activity or for the provision of goods or services to the facility or to the public on the feclllty. f § I I J J I I f f ( I f f I •Minority business enterprise* or "MM" moons s smell business concern, es defined pursuant to section 3 of the SmelI Business Act end Implementing regulations, which Is owned end controlled by one or more minorities or women* This definition applies only to financial esslstsnee programs. For the of this pert, owned end controlled e business: el the following (a) Which Is at leest 91 per centum owned by one or mere minorities or women or, In the case of s publicly owned business, at least 51 per of the stock of which Is owned by one or minorities or women; end (b) Whose eanagament end dolly business operations ere controlled by one or mare such Individuals. parts of DOT: FR-2 39 coordinator" means the official designated by the head of the Department element 10 have overall responsibility for proMtlon of minority biwlnaaa enterprise In Ms/her Departmental alaMnt. •Noncompl lance" want ttM condition existing •nan a raelplant or contractor has fallad to Implement the requirements of this part. "Primary raelplant* Is a raelplant who raealvaa DOT financial assistance ana* passes sane or all of this assistance, on to another race Ip lent. "Program* means any undertaking by a recipient to use DOT financial MS I stance, end Includes the entire activity any part of wfcleh receives DOT financial assistance. •Recipient" weans any entity, public or private, to whom DOT financial assistance Is extended, directly or through another recipient for any program. transportation or any parson whom he/she has designated to act for hie/her. •Set-aside" mans a technique which Units consideration of bids or proposals to those submitted by «€s. 123.7 Discrimination prohibited. No parson shall be excluded free) partici- pation In, denied the benefits of, or other- wise dlsertmlneted against In connection with the award and performance of any contract covered by th I s "art , on the grounds of race , color, national origin, or sex. of TraasaartaHen lal Assistance ifftfffifiiifffi 123.43 (a) Each raelplant shall agree to abide by the itstaeenti In paragraphs (a)(1) and (2) of this section. These statements shall be In- cluded In the recipient's DOT financial assis- tance agreement and In all subsequent agree mants between the recipient and any sub- recipient and In all subsequent DOT- assisted contracts between recipients or subreelplents and any contractor. (1) "Polley. It Is the policy of the Department of Transportation that minority business enterprises as defined In 49 CW Part 23 shall have the Maximum opportunity to participate In the performance of contracts financed In whole or In part with Federal funds under this agreement. Consequently the requirements of 49 CFR Part 23 apply to this (2) «MC Obligation. (I) The recipient or Its contractor agrees to ensure that minority buslaess enterprises as defined In 49 Cm Part 23 have the maximum opportunity to participate In the performance of contracts and subcontracts financed In whole or In part with federal funds provided under this agree- ment. In this regard al I recipients or con- tractors shall take all necessary and reason- able steps In accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall net discriminate on the beats of race, color, national origin, or sax In the award and performance of OOT-esslsted contracts." J § I I J § » J I * J I * t J I (c) The recipient shell advise each subre- elplent, contractor, or subcontractor that failure to carry out the requirements set forth In f23.43(a) shall constitute a breech of con- tract and, after the notification of the Department, may result In termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. § § » I I « I » * » I » I J I I (a) Mf directory. (I) The recipient shall have available a directory or source list to facilitate Identifying MBEs with capabili- ties relevant to general contracting require- ments and to particular solicitations. The recipient shell make the directory available to bidders and proposers In their efforts to meat the MC requirements. It shell specify which FR-3 40 firms the Oapartmant, recipient, or the Business Administration has determined to be eligible MKs In aaaoroamoa with procedures sat forth In this subpart. (f) ft uoadarss 1» asoartala th* eligi- bility of MKs and Jolat namtaros tavolvlng MKs, (I) To ensure that- Its MK program benefits only firms owned and controlled by minorities or woman, the recipient shall certify the eligibility of MKs and Joint ventures Involving MKs that are named by. th* competitors In accordance with this subpart. Recipients aay, at their own discretion, accept certifications made by ether DOT recipients. (2) Recipients shall require their prime contractors to make good faith efforts to replace an MK subcontractor that Is unable to perform successful ly with another MK. The recipient she11 approve al I substitutions of subcontractors before bid opening and during contract performance, In order to ensure that the substitute firms are eligible MKs. f I f f f f f f f f f f f I f f 123.47 Counting M Mag MK goals. participation MK participation shall be counted toward meeting MK goals sat In accordance with this subpart as follows: (a) Once a firm Is determined to be an eligible MK In accordance with this the total dollar value of the contract to the MK Is counted toward the applicable MK goals. (b) The total dollar value of a contract to an MK owned end control led by both minority males and non-minority females Is toward th* goals for minorities and respectively, In proportion to the of ownership and control of each group In the business. The total dollar value of a con- tract with an MK owmad and controlled by •m t •u*B»f Au ^^^_^_^ t— ^^a*aafeaa^^d) mkm^^w^w*^ &f •mmh^M* 4sm>A•JMtiwa I Ty m^KJKfl !• wBUeTTfJQ l"aT4tVmrJw fflTTfmw TnK* minority goal or the goal for woman, bat not to both. The contractor or recipient employ- ing the firm may choose the goal to which the contract value Is applied. (c) A recipient or contractor aay count toward Its MK goals a portion of the total dollar value of a eon tract with a Joint ven- al Iglbla under the standards of this Mjmpl to ttie percentage of the owner— ship and controls of the MK partner In the joint venture. (d)(1) A recipient or contractor aay count toward Its MK goals only expenditures to MKs that par form a commercially useful function In the work of a contract. An MK Is considered to perform a commercially useful function when It Is responsible for execution of a distinct element of the work of a contract and carrying out Its rasponsbllltlos by actually perform- ing, managing, and supervising th* work Involved. To determine whether an MK Is performing a commercially useful function, the recipient or contractor shall evaluate the amount of work subcontracted. Industry practices, and other relevant factors. (2) practl If an Consistent with normal Industry , an MK may enter Into subcontracts. itrector subcontracts significantly greater portion of the work of the contract than would be expected on the basis of normal Industry practices, the MK shall be presumed not to be performing a commercially useful function. The MK may present evidence to rebut this presumption to the recipient. The recipient's decision on the rebuttal of this presumption Is subject to review by the Department. (e) A recipient or contractor may count toward Its MK goals expenditures for materials and supplies obtained from MK suppliers and manufacturers, provided that the MKs assume the actual and contractual responsibility for the provision of the Materials and supplies. (1) The recipient or contractor may count Its entire expenditure to an MK manufac- turer (I.e., a supplier that produces goods from raw materials or substantially alters them before resale). (2) The recipient may count 20 percent of Its expenditures to MK suppliers that are not manufacturers, provided that the MK supplier performs a commercially useful function In the supply process. f i § I I f § » J » I I » I I » FR-4 123.31 Certification «* tfce eligibility of minority bBSlne* (•) To ensure that this pert benefits only MBCs whlen ere owned end controlled In both for* oid substance by MM or more minorities or women, DOT recipients shell UM Schedules A end B (reproduced at~ the end of mis Pert) to certify firm* who wish to participate as WEs In DOT under this part. (b) Exempt as provided In paragraph (e) of this section, Meft business, Including the WE partner In a Joint venture, visit Ing to partlcl- p«te as a WC under ttils psrt In • OOT-esslsted contract shell complete and submit Schedule A. Each entity wishing 10 pertlclpete as a Joint venture WE under this part In OOT-esslsted contracts shell In addition complete end submit Schedule B. The sehedule(s> shell be signed and notarized by the authorized representative of the business entity. A business seeking certification as an WE shell submit the required schedules with Its bid or proposal for transmission to the contracting agency Involved. (c) Under the following circumstances, a business seeking to pertlclpete as en WE under this subpert need not submit schedule A or 8: (1) If a DOT recipient has established a different certification process that DOT has determined to be as or mare effective then the process provided for by this section. Where such a process exists, potential Wl contrec- tors shall submit the Information required by the recipient's process. (2) If tfce potential MM ujwtreutm states In writing that It has submitted the same Information to or has been certified by the DOT recipient Involved, any DOT element, or another Federal agency that uses essen- tially the same definition and ownership and control crlterle es DOT. The potential WE contractor snail obtain the Information and certification (If any) from tHe other agency and submit It to the recipient or esuse the other agency to submit It. The recipient nay rely upon such a certification, where another agency has collected Information but not made a determination concerning eligibility, the 41 DOT recipient she 11 make Its own determination based on the Information It has obtained from the other agency. (3) If the potential WE contractor has been determined by the Small Business Adminis- tration 10 be owned and controlled by socially and economically dlsadvantagod Individuals under section 8(a) of the Small Business Act, 123.33 Eligibility (a) The following standards shall be by recipients In determining whether a firm Is owned and controlled by one or more minorities or women Is and shall therefore be eligible 1o be certified aa an WE. Businesses aggrieved by the determination any appeal In accordance with procedures set forth In §23.95. (1) Bone fide minority group Membership shall be established on the basis of the Individual's claim that ha or she Is a muftir of a minority group and Is so recorded by thet pertleular minority community. However, the recipient Is not required to accept this claim If It determines the claim to be Invalid. (2) An eligible minority business enterprise under this pert shell be an Independent business. The ownership end control by minorities or women shell be reel, substantial, and continuing and shall gp beyond tHe pro forma ownership of the firm aa reflected In Its ownership documents. The minority or women owners shell enjoy the customary Incidents of ownership and shall snare In the risks end profits commensurate with their ownership Interests, aa demonstrated by a examination of the substance rather than form of arrangement!. Recognition of the business as a separate entity for tax or corporate purposes Is not •lly sufficient for recognition aa an In determining whether a potential WE Is en Independent business, GOT recipients shell consider all relevent factors. Including the dote the business was established, the adequacy of Its resources for ttie work of the contract, and the degree to which financial, equipment leaalng, and other relationships with nonmlnorlty firms vary from Industry practice. (3) The minority or women owners shell also possess the power to direct or FR-3 42 direction of the eamjseint and policies of the fir* Md to aake ttM day-1o'day as well as Mjor decisions en matters of manage".^, policy, and operation*. Tho fin shall not to subject 1o «iy torMl or Inform I restrictions which limit tho Lustommry discretion of the minority or women owners. There shall to no restrictions through, for example, by lew provisions, partnership agrsements, or charter requirements for cumulative voting rights or otherwise thet prevent the el nor I ty or women i, without the cooperation or vote of any •ho Is not a Minority or •oeen, free) •eking a business decision of the Mm. (4) If the amors of the flna who are not elnorltlos or •on en are disproportionately responsible for the operation of the flna, then the fire Is not controlled by elnorltlee or •oeen and shall not to considered an MBC within the esanlng of this part. Mhere the actual jetnegeeent of the fins Is contracted out 1o Individuals other than the owner, these persons who have the ultleate power to hire and fire the managers can, for the purposes of this part, to considered es controlling the business* (5) All securities which constitute ownership and/or control of a corporation for purposes of establishing It as an MBC under this part shall to held directly by elnorltlee or women. No securities told In trust, or by any guardian for a minor, shall to considered as told by alnorlty or women In determining the ownership or control of a corporation. (6) The contributions of capital or expertise by the minority or women owners to acquire their Interests In the firm shall to eel and substantial. Examples of Insufficient contributions Include a promise to contribute capital, a note payable 1o the firm or Its owners who are not socially and economically dlsadvantaged, or the mere participation as an employee, rather than as a (b) In addition to the above standards, DOT recipients shall give specie) consideration 10 the following circumstances In determining eligibility under this tort. (1) Newly formed firms and firms whose ownership and/of control has changed since the date of the advertisement of the contract are closely scrutinized to determine the reesons for the timing of the formation of or change In the firm. (2) A previous and/or continuing employer employee relationship between or among present owners Is carefully reviewed 1o ensure that the employee owner has management responsibilities and cepebltitles discussed In this section. (3) Any relationship between an MBC and e business which Is not an MBE which has an Interest In the NBC Is carefully reviewed 1o dvVTVONlIM If TIM IflT9l*Qmtf Of tht AOIt^ABc conflicts with the ownership and control requirements of this section. (e) A Joint venture Is eligible under this part If the MBC partner of the Joint venture meets the standards for an eligible MBC set forth above and the MBC partner Is responsible for a clearly defined portion of the work to to performed end shares In the ownership, control, management responsibilities, risks, and profits of the Joint venture. (d) A Joint venture Is eligible 1o compete In an MBC set-eslde under this pert If the MBC partner of the Joint venture meets the standards of an eligible MBC set forth above, and the MBC partner's share In the ownership, control, and management responsibilities, risks, and profits of the Joint venture Is e least 51 percent and the MBC partner Is responsible for a clearly defined portion of the work to to performed. (e) A business wishing to to certified as an MM or Joint venture MBC by a DOT recipient shall cooperate with the recipient In supplying additional Information which may to requested In order to make a determtnetlon. (f) Once certified-, an MBE shall updete Its submission annually by submitting a new Schedule A or certifying thet the Schedule A on file Is still eeeurete. At any time there Is e chenge In ownership or control of the firm, the MBC shell submit a new schedule A. 43 (g) Exempt as provided In Met Ion 23.99, the denial at a certification by the Department or a recipient stall to final, for that contract and other contracts tolng let by the raciplant at the tlM of -Hi* danlal of cart If I cat I on. MBEs and joint ventures danlad cartlf (cation may corract deficiencies In ttwlr ownership and control and apply for cartlf (cation only for future contracts. <h) Raclplants snail safaguard froa disclosure to unauthorized parsons Information that raaaonably nay ba regarded as eonfIdantlal business Information, cons(stant with Federal, stata and local la*. i § » § f I § I » I § » « i § t D-Soeclal Provisions for Raclplants of rand* (Mar tha Surfaca Transportation Assistance Act of 19*2 J23.41 (a) Tha purpoaa ot this subpart Is to Implement sactlon 109(f) of tha Surfaca Transportation Assistance Act of 1962 (Pub. U 97-424) so that, except 1o tha extent tha Saeratary determines otherwise, not lass than tan parcant of tha funds authorized 'by tha Act for tha programs llstad In {23.63 of this Subpart Is expanded with aaal I bualnass concarns owned and control lad by social ly and aconoalcally disadvantage] Individuals. (b) Tha tan pareant (aval of participation for dl sadvantagad bualnaasas aatabllshad by sactlon 103(f) will to achieved If raclplants undar tha program covarad by this Subpart sat and aaat ovaral I dlsadvantagad bualnaaa goals of at laast tan pareant. §23.42 Oaflnltl Tha following daflnltlons apply to this subpart. Mtara thaaa daflnltlons ara Inconsistent with tha daflnltlons of §23.9 of this part, thaaa daflnltlons control for all other purpoaa* undar this part. •Act" aaana tha Surfaca Transportation Assistance Act of 1962 (Pub. U 97-424). "01sadvantagad buslnass" Means a seal I business concern: (a) Which Is at least 91 parcant owned by one or aora socially and economics My dlsadvantagad Individuals, or. In tha ease of any publicly owned buslnass. at .least 51 percent of the stock of which Is owned by one or More social ly and econealcal ly dlsadvantagad Individuals; (b) whose aanageaent and dally business operations are controlled by one or more ot the social ly and economical ly dlsadvantaged Individuals who own It. "Sisal I buslnass concern" aaans a seal I business as defined pursuant to sactlon 3 of tha Saall Business Act and relevant regulations promulgated pursuant thereto. •Socially and aconcalcally dlsadvantaged Individuals" Means those Individuals who are citizens ot the United States (or lawfully admitted permanent residents) and who ara Black Averleans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americana and any other Minorities or Individuals found to to dlsadvantagad by tha Smal I Business Administration pursuant to sactlon 8(a) of tha SM! I Business Act. Recipients shall aaka a rebuttabla presumption that Individuals In the folloving groups are socially and economically dlsadvantagad. Recipients also May determine, on a ease-by-case basis, that Individuals who are not a Member ot one ot tha fol lowing groups are socially and economically dlsadvantaged. (a) "Black Americans," which Includes persons having origins In any of the Black racial groups ot Africa; (b) "Hispanic Americans," which Includes persons of Mexican, Puerto Rlcan, Cuban, Central or South American, or other Spanish culture or origin, regardless ot race; (c) "Native Americans," which Includes persons who ara American Indians. Eskimos. Aleuts, or Native Hswallens; (d) "Asians-Pacific Americana," which Includes persons whose origins are from Japan, China. Taiwan, Korea, Vietnam, Lsos, Cambodia, the Philippines, Samoa, Qua*, tha U.S. Trust Territories of the Pacific, and the Northern Mr fanes; and (a) "Asian-Indian Americans," which Includes parsons whose origins ara from India, Pakistan, and Bangladesh. FR-7 KS.SS Applicability. This subpart applies <o all DOT financial assistance In the follevlag oatagerlaa that recipients expend In MT-eulsted oontrectst (a) Federal-eld highway funda authorized by Title I and •action 202 of Tltla 11 of the Act; and (b) Urban aaaa transportation funda authorlttd by Tltla I or 1 1 1 of the Act or the Urban Maaa Transportation Act of 1964. aa amended. f f f f I f f f f f f I f f f I23.6* Chall (a) Each raelplant required 10 aatabllah an overall goal undar §23.64 shall aatabllah a challenge procadura eonalstant with this •action to determine whether an Individual praauMd to ba socially and economically disadvantage* M provided In f23.62 Is In fact socially and economically dlsadvantagad. (b) Tho recipient's ehallanga procadura shall provide aa followsi (1) Any third party aay ehallanga tha •octally and economically dlsadvantagad status of any Individual (except an Individual who has a currant 8(a) eartlfIcatlon from tho Small Bualnaas Administration) presumed to ba socially and aconeaileally dlsadvantagad If that Individual la an owner of a firm eartlflad by or soaking cartIfIcatlon fro* tha raelplant as a dlsadvantagad business. Tho ehallanga shall ba Made In wit Ing to tho raelplant. (2) With Its letter, tha dial longing party shall Include all Information available to It relevant to a determination of another the challenged party la In fact socially and economically dlsadvantagad. (3) The recipient snail detenalne, en the baals of the Information provided by tha *»lfcehl I ^MMB f rn^mi •^M«*ete« ^mmk^Mm*mMw^m> 4)tk^hfla^ I A •^^^M^mk 4kmcnvi ivnging pvrTyy •nvnivr TIHT^W is rvanofi 10 believe that the challenged party Is In fact not socially and econoaleally dlsadvantagad. (I) If the recipient determine* that there Is not reason to believe that the challenged part Is not socially and economically evaluate the a proposed Ic The dlsadvantaged, the recipient shall so Inform tha ehaHenglng party In writing. This terminates the proceeding. (II) If the recipient determines that there Is reason to bal lave that tha ehal longed party la not socially and economically dlsadvantaged, •the recipient shall begin a proceeding as provided In paragraphs (b)(4). (5). and (6) of this paragraph. (4) The recipient shall notify the ehel longed party In writing that his or her status aa a socially and economically dlsadvantaged Individual has been ehallonged. The notice shall Identify the challenging party and summarise the grounds for the challenge. The notice shall also require the challenged party to provide to the recipient, within a reasonable time. Information sufficient to permit the recipient to evaluate his or her status aa a socially and economically dlsadvantaged Individual. (9) The recipient shall Information available to It and determination of the social disadvantage of the challenge) recipient shall notify bath parties of this proposed determination In writing, setting forth the reasons for Its proposal. The recipient shall provide an opportunity to the parties for an Informal hearing, at which they can respond to this proposed determination In writing and In person. (6) Following the Informal hearing, the recipient shell make a final determination. The recipient shall Inform the parties In writing of the flnel determination, setting forth the reasons for Its decisions. (7) In making tha determinations called for In paragraphs (b)(3), (9), and (6) of this paragraph, the recipient shall use the standards set forth In Appendix C to this Subpart. (8) During the pendency of a ehallenge under this section, the presumption that the challenged party la a socially and economically dlaadvantegad Individual shall remain In effect. (c) The final determination of tha recipient under subparagrapha (b)(3)(l) and (b)(6) may be appealed to the Department by the adversely affected party to the proceeding under the procedures of $23.35 of this Part. 44 45 § §§ I I § I § f J § t « $23.87 Willful provision of Incorrect Information. If, at any tin*, the Department or • recipient ha* reason to ballove that any person or Mm IMS "IIIfully and knowingly provided Incorrect information or made fits* statements. It she) I refer the matter to the General Counsel of the Department. He/she may Initiate debarment procedures In aecordence with 41 CPR 1-1.804 and 12-1.602 and/or refer the matter to the Department of Justice under 18 U.S.C. 1001, as he/she deems appropriate. Schedule A—Information for Determining Minority Beslnoes enterprise eligibility of firm1. 2. Address of flna ___ 3. Phone Number of flna 4. Indicate whether firm Is sole propri- etorship, partnership, joint venture, corpora- tion or other business entity (please specify) 3. Mature of firm's business 6. Years firm has been In business 7. Ownership of flrmi Identify own 3 percent or wore of the firm's ownership. Columns e and f need to be filled out only If the firm Is less than 100 percent minority owned. d e f a b c Years of Ownership Voting Name Race Sex owner- percent- percent- ship age age With flna* leas than 100 percent minority owned. Hat the contributions of money, equipment, real estate, or expertise of each of the owners. 8. Control of firm: (a) Identify by name, race, sex, and title In the firm those Indi- viduals (Including owners and non-owners) who are responsible for day-to-day Management and policy IImlted for: (1) (2) declslonmaklng, to, those with Including, but not prime responsibility Financial decisions^ Management decisions, a. Estimating such as— b. Marketing and sales_ e. Hiring and firing of management personnel d. Purchases of major Items or suppl lea (3) Supervision of field operations 9. for each of those listed In question 8, provide a brief summary of the person's experience and number of /ears with the firm, Indicating the person's qualifications for the responsibilities given him or her. 10. Describe or attach a copy of any stock options or other ownership options that are outstanding, and sny agreements bs^Mon owners or between owners and third parties which restrict ownership or control of minority II. Identify any owner (see Item 7) or iwjnagement official (see Item 8) of the named firm who Is or has bean an employee of another firm that has an owershtp Interest In or a present business relationship with the named firm. Present business relationships Include shared space, equipment, financing, or employees as well as both firms having some of 12. what are the gross receipts of the firm for each of the last two years? Yea S Yea S r endlno r ending 13.of bonding company. If anyt Bonding limit Source of letters of credit, if any 14. Are you authorized to do business In the state as well as locally. Including all neces- sary business licenses? PR-9 13. Indicate If this firm or other firms with any of the same officers have previously received or bean denied certification or par- ticipation as aa Mm* and deacrlbe the circum- stances. Indicate the name of the certifying authority and the date of such certification or denial. Affidavit •The undersigned sweers that the foregoing statements are true and correct and Include al material Information nocoasary to Identify and explain the oparetlona of (name of firm) aa wall aa tha ownership thereof. Further, the undersigned agrees to provide through the prime contractor or. If no prime, directly to tha grantee currant, com- plete and accurate Information regarding aetua work performed on the project, tha payment therefor and any proposed changes. If any, of the foregoing arrangements and to permit the audit and examination of books, records end files of the named firm. Any material misre- presentation will be grounds for terminating any contract which may be awarded and for Initiating action under Federal or State lavs conctrtt 1 fig fail•• stfttwMn^s** Note.—If, after filing this Schedule A snd before the work of this firm Is completed on the contract covered by this regulation, there Is any significant change In the Information submitted, you must Inform tha grantee of the chang* through the prime contractor or. If no prime contractor. Inform the grantee directly. Signature Title Data Corporate Seal (•here appropriate). Oat* State of . 19 . to illy known, who, being duly sworn, did execute the foregoing affidavit, and did state that ha or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her 46 (Seal I Notary Publ Ic ____ Commission expires Schedule •—Information for Determining Joint Eligibility (This form need not be filled In If joint venture firms are minority owned.) all 1. Njma of Joint venture 2. Address of Joint venture, 3. Phone number of Joint 4. Identify the firms *lch comprise the Joint venture. (The "66 partner must complete Schedule A.) (a)Deacrlbe the the Joint venture. role of the firm In (b) Deacrlbe very briefly the experience and business qualifications of each iiwi MDC Joint 3. Nature of tha Joint venture's business 6. Provide s copy of the Joint venture 7. What Is the claimed percentage of MKownership? ____________________ 8. Ownshlp of Joint venture: (This need not be filled In If described In the Joint venture vf, provided by question 6.). (a) Profit and loss sharing. (b) Capital contributions. Including equipment. (e) Other applicable ownership Interests. 9. Control of and participation In this contract. Identify by name, race, sex, and "firm" those Individuals (and their titles) who are responsible for day-to-day management end policy declsianmaklng. Including, but not limited to, those with prime responsibility fort (a) Financial decisions (b) Management decisions, such eat FR-10 47 (1) Estimating, (2) Marketing and sale*. (3) Hiring and firing of man. (4) Purchasing of major Item* or suppl lea ____^_^^____^____ (c) Supervision of field operations Hot*.—If, after filing this Schedule 8 end before the completion of the Joint venture's •ork on the contract covered by this regula- tion, there Is any significant change In the Information submitted, the Joint venture mat Infom the grantee* either directly or through the prime contractor If the Joint venture Is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and Include all eaterlal Information necessary to Identify and explain the terms and operation of our Joint venture and the Intended participation by each Joint venturer In the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate Information regarding actual Joint venture work and the payment therefor and any pro- poaed cfiangea In any of the Joint venture arrangements and to permit the audit and examination of the books, records and ft lea of the Joint venture, or the** of each Joint venturer relevant to the Joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation wllJ be grounds for terminating any contract which may be awarded and for Initiating ectlon under Federal or State lam concerning false statements." of Firm Signature of Firm Signature Title Title Date Date Date State of _ County of On this — ___ day of 19 before ma appeared (Mama) . to ma personally Known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) _ _ to execute the affidavit and did free act and deed. Notary Pu&lIc hi* Commission expires (Seal I Oate State of County of On this day of , 19 . before me appeared (Name) to ma personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she wee properly authorized by (Name of firm) to execute the affldevlt and did so as his or her free act and deed. Notary Putol Ic Commission expires (Seal) FR-ll 48 6-1.05 REQUIRE) CONTRACT PROVISIONS CONSTRUCTION CONTRACTS IV. Payment of Predetermined VI. Record of Materials, Supplies __ ra«in VII. VIII. IX. x. XI. Subletting or Assigning the Contract-- • • •FR-20 Safety; Accident Prevention- False Statements Concerning Highway Projects- lap I Mentation of Clem Air Act and Federal Meter Pollution Control Act • Contract Mark Hours and Safety Standard Act Requirements FR-21 FR-22 FR-22 I. APPLICATION 1. These contract provisions shall apply to all work performed on the contract by the contractor with his own organization and with the assistance of workman under his Immediate superintendence and to all work performed on the contract by piecework, station work or by subcontract. 2. Contractors and subcontractors she 11 Insert In all subcontracts the entire contents of this fore PR-1273. The contents of this fora she 11 aet be Incorporated by reference. The contractor shall be responsible fov* CKMpI leMicti by •( I subcontractors with tilt contents of this for* PR-1273. 3. A breach of any of the stipulations con- tained In these Required Contract Provisions way be grounds for termination of the eon* tract. 4. A breech of the following clauses may be. grounds for debarmant by the Department of Labor as a contractor and a subcontractor as provided In 29 CFR S.I2(a)(1): Section-I, paragraph 2; Section IV, paragraphs 1,3,4,6,7,9,10 and M Section V, paragraphs 1,2, and 4; Section XI II. EQUAL OPPORTUNITY 1. Selection of labor: During the performance of this contract, the contractor shell not discriminate against labor from any other State, possession or territory of the United States. The Equal Employment Opportunity Affirmative Action Notice eat forth In 41 CFR 60-4.2 and Equal Employment Opportunity Construction Contract Specifications sat forth In 41 cm 60-4,3 are Incorporated by reference In this contract. 3. Eeuel Oeportealty Cl During the performance of this contract, as follow: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shell Include, but net be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training. Including apprenticeship. The contractor agraea 1e post In conspicuous places, available to employees and applicants for employment, notices to be provided by the State highway department setting.forth the provisions of this nondlscrlmlnatlon clause. PR-1273(Rev. 3-S3)FR-12 49 b. Tha contractor will, In all solicita- tions or advertisements tor employees placed by or en behalf of the con tractor, state that all qualified applicants will receive consId- oration tor employment without regard to race, color, religion, sex, or national origin. e. The contractor will sand to each labor union or representative of workers with which he hes a collective bargaining agreement or othar contract or understanding, a notice to be provided by the State highway department advising the said labor union or workers1 representative of the contractors commitments under this section 11-2 and shall peat copies of the notice In conspicuous pieces available to employees and applicants for employment. d. The con tractor will comply with all provisions of executive Order 11246 of September 24, 1965, and of the rulea, regulations (41 CFR, Part 60) and relevant orders of the Secretar t of Labor. e. The contractor will furnish all Information and reports required by executive Order 11246 of September 24, 1963, and by rulea, regulation* and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Highway Administration and tha Secretary of Labor tor purposes of Investiga- tion to ascertain compliance with such rules, regulations and orders* f. In the event of the contractor's noncompl lance with the nondlserlmlnatton clauses of this contract or with any of the said rulea, regulations or orders, this contract way be canceled, termlnatad or suspended In whole or In part and tha contractor may bo declared Ineligible for further ttonarnment contracts or Fadorally assisted construction ami tracts In accordance with procedures authorlied In executive Order 11246 of September 24, 1965, and such other as provided In executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or aa otherwise provided by law. g. The contractor will Include the provi- sions of this Section 11-3 In every subcontract or purchase- order unless exempted by rules, regulations or orders of the Secretary of Labor .Issued pursuant to section 204 of executive Order 11246 of September 24, 1965, so that such provisions will ba binding upon aaeh subcontractor or vendor. The contractor •III take such action with respect to any subcontract or purchase order aa the State highway department or tha Federal Highway Administration may direct aa a Means of enforcing such provisions Including sanctions for noncempI lancet Provided, however, that In the event a contractor becomes Involved In, or In Is threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Highway Administration, the contractor aay request the United Statea to enter Into such litigation 10 protect the Interests of the United Statea. of Materials, and Leasing of laalaamnts During tha performance of this contract, the contractor, tor Itself, Its assignees and successors In Interest (hereinafter referred to as tha •contractor*) agrees as to! lows: a. Compliance With Regulations: The contractor snail comply with tha Regulations relative to nondlserlmlnatton In federally- assisted programs of tha Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may ba amended from time to time, (hereinafter referred to as the Regulations), which are herein Ineerpo- rated by reference and made a part of this contract. b. Nondlscrlmtnettoni The contractor, with regard to the work performed by It during the contract, shall not discriminate on the grounds of race, color, sax or national origin In the selection and retention of subcon- tractors. Including procurements of materials and leaama of equipment. The contractor shall not participate either directly or Indirectly In the discrimination prohibited by section 21.5 of the Regulations, Including employment practlcea when the contract covers a program sat forth In Appendix 8 of the Regulations. e. Solicitations for Subcontracts, Includ- ing Procurements of Materials and equipment: PR-1273(Rev. 5-63)FR-13 .In all solicitations either by competitive bidding or negotiation made by the contractor for work to bo performed under • subcontract, Including procuremamts of materials or leases of equipment, each potamtlal Mbeon tree tor or supplier shall be notified by Hi* contractor of the contractor1* obligation* undar ttilt contract and the Regulations relative to nondtscrlmlnatlon on the ground* of rac*, color, sex or national origin. d. Information and Report*! The am tractor •hall provide all Information and reports required by the Regulations, or directive* luuad pur*uent thereto, and shall permit aecoa* to Its book*, record*, account*, other source* of Information and It* facilities a* •ay be determined by the State highway depart- ment or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulation* or directive*. Where any In forma tlon required of a contractor I* In the exclusive possession of another who falls or refuse* to furnish this Information the contractor shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall sat forth what efforts It has made to obtain the Information. a. Sanctions for Noncompllanca: . In the event of the eontractor's noneompllance with the nondlserlmlnatlon provisions of this contract, the State highway department shall Impose such contract sanctions as It or the Federal Highway Administration amy determine to be appropriate, Including but not limited lot (1) withholding of payments to the contrac- tor under the contract until the contractor compiles, and/or (2) cancellation, termination or suspension of the contract. In whole or In part. f. Incorporation of Provisions! The tractor shall Include the provision of this paragraph 4 In every subcontract, Including procurements of materials and leases of equip- ment, unless ejcamet by the Regulations, or directives Issued pursuant thereto. The con- tractor shall take such action with respect to any subcontractor or procurement a* the State highway department or the Federal Highway Administration may direct as a means of enforc- ing such provisions Including sanction* for noneompl lancet Provided, however, that. In Ttw event a contractor becomes Involved In, or I* threatened with* litigation with a subcontrac- tor or supplier as a result of such direction, the con tractor may request the State highway department to enter Into such litigation to protect the Interests of the State, and. In addition, the contractor may request the United State* to enter Into such litigation to protect the Intereat* of the United State*. 50 MED FACILITIESHI. (Applicable to Federal-aid construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal By submission of this bid, the execution of this contract or subcontract, or the consum- mation of this material supply agreement, a* appropriate, the bidder, Federal-eld construc- tion contractor, subcontractor, or material supplier, aa appropriate, certifies that he does not Maintain or provide for his employee* any segregated facilities at any of his establishments, and that ha doe* not permit hi* employee* to perform their service* at any location, under hi* control, where segregated feel title* are maintained. Ha certifies further that he will not maintain or provide for hi* employee* any segregated facilities at any of his establishments, and that he will not permit his employee* to perform their service* at any location, under his control, where segregated facilities are maintained. Ha agrees that a breach of this certification Is a violation of the Equal Opportunity clause In this contract. Aa used In this certification, the term •segregated facilities" means any welting room*, work areas, reatroems and washrooms, restaurants end other eating areas, tlmaclocks, locker room* and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, end housing facilities provided for employees which ere segregated by explicit directive or ere In feet segregated on the bas I * of rece, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he ha* obtained Identical certification* from proposed subcontractors and material suppliers for specific time periods), ho will obtain Identical Pft-1273(Rov. 5-43)ffi-U 51 certification from proposed subcontractors or material suppliers prior to the award of subcontract* or ttt« consummation of Material supply agreements, exceeding S10,000 which arc not ijiempt fro* the prevision* of the Equal Opportunity clause, and that he •III rataln such certifications In his fllaa. IV. PAVMNT OF •KOCTDWIMED MINIMUM NMKS 1. All mechanics and laborers employed or work- Ing upon the slta of the work shall ba paid unconditionally and not IMS oftan than once a week, and without subsequent deduction or rebate on any account (except such payrol I deduction* aa are permitted by regulations Issued by the Secretary of Labor under the Copeland Act (29 CFR, Part 3)). the full amount of wages and bone fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not leas than the •age determination of ttw Secretary of Labor which I* attached hereto and eada a part hereof, regardless of any contractual relationship which may ba alleged to exist between the contractor and such laborers and Mechanics. Contributions «ade or costs reasonably anticipated for bone fide fringe benefits under section Kb) (2) of the Oavls-eecon Act on behalf of laborers or mechanics are considered wages paid to such laborers or Mechanics subject te the provisions of paragraph 4 of this section; also, regular contributions isade or costs Incurred for eore than a weekly period (but not less often than quarterly) under plans* funds, or progress which cover the particular weakly period, are deemed to be constructively eede or Incurred during such weekly period. Such laborers and Mechanics shall be paid the- appropriate rate and fringe benefits on the determination for the classification of work actually performed, without regard to skill, except as provided In paragraphs 6, 7, and 8 of this section. Laborers or Mechanics performing work In more then one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided. That the employer's payroll records accurately sat forth the time spent in each classification In which work Is performed. The wage determination (Including any additional classification and conformed under paragraph 3 and *a of this section) and the Oav Is-Bacon poster (MH-1321) she11 be posted at alI time* by the contractor and Its subcontractors at the site of the work In a prominent and accessible place where It can ba easily seen by the workers. tat I Is the wage rates shown are the Minimum rates required by the contract to be paid during Its life, this I* not a representation that labor can be obtained at these rates. No i Increase In the contract price shell be alloved or authorised on account of the payment of wage rates In excess of those listed therein. 3. eiaaslflcatlont a. The State highway agency contracting officer shall require that any class of laborers or Mechanics which Is net listed In the wage determination and which Is to be employed under the contract shall ba classified In conformance with the wage determination. The State highway agency contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to ba performed by the classification requested Is not performed by a el aaaI fleetIon In the wage dotermlnetlons and (2) The classification Is utilized In the area by the construction Industry; and (3) the proposed wage rate. Including any bone fide fringe benefits, bears a reasonable relationship to th« wage rat«s eontslned In the wage determination. b. If the contractor and the laborers and mechanics 1o ba employed In the classification (If known), or their representative, agree with the classification and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the action taken she 11 be sent by the State highway agency contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, O.C. 20210. PR-1273(Rav. 9-63)m-is 52 The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 deys of receipt or will notify the State highway agency contracting officer within the 30-dey period that additional time Is necessary. c. In the event the contractor, or the laborers or eeehenles to be employed In the classification or their representatives, do not agree with the State highway agency contracting officer on the proposed classification and wage rate (Including the amount designated for fringe benefits, where appropriate), the State highway agency contracting officer shell refer the questions, Including the views of all Interested parties and the recommendation of the State highway agency contracting officer, to the Administrator, Mage and Hour Division, Department of Labor, for determination. The Administrator, Wage and Hour Division, Department of Labor, or an authorized representative, will Issue a determination within 30 days of receipt or will notify the State highway agency contracting officer within the 30-day period that addltlonel time Is necessary. 4. Fringe Beeefttsi a. The wage rate (Including fringe benefits where appropriate) determined pursuant to paragraphs 3 b end c of this section, shell be paid to all workers performing work In the classification under this contract from the first day on which work Is performed In the classification. b. Whenever the minimum wage rate prescribed In the contract for a class of laborers or Mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor shell either pay the benefit as stated In the wage determination or shell pay another bone fide fringe benefit or an hourly cash equivalent thereof. c. If the contractor does not make payments to a trustee or other third person, the contractor msy consider as part of the wages of any laborer or Mechanic ttie amount of any costs reasonably anticipated In providing bone fide fringe benefits under a plan or program, rrovlded, That the Secretary of Labor he* found, upon the written request of the contractor; that the applicable standards of the Oavls^econ Act have been mat. The Secretary of Labor may require the eon tractor to set aside In a separate account assets for the meeting of obi Igatlons under the plan or 3. Vtthftoldtngj a. The State highway agency shalI, upon Its own Initiative, or upon written request of en authorized representative of the Department of Labor, withhold, or cause to be withheld, from the contractor under this contract, or any other contract between It end the contractor, subject to Davis-Bacon prevailing wage requirements, so euch of the accrued payments or advances as msy be considered necessary to pay laborers and mechanics, Including apprentices and trainees, employed by the contractor, or any subcontractor, the full amount of wegea required by the contract, b. In addition thereto, the Federal Highway Administration shall, upon Its own Initiative, or upon written request of an authorized representative of the Department of Labor, withhold or cause to ba withheld from the contractor under this contract, or any Federal contract with the contractor, or any other federallyesslsted contract subject to Davls«6acon prevailing wage requirements which Is held by the contractor, so much of the accrued payments or advances as may be necessary to make the payments sat forth In paragraph a. of this section. c. In the event of failure to pay any laborer or mechanic, Including any apprentice or trainee, employed or working on the site of the work, al I or pert of the wages required by the contract, the Federal Highway Administration may, after written notice to the State highway agency, take such action as may ba necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. PR-l273(Rev. 3-«3)Fft-16 53 )tO. Apprentice* ( Apprentices "III to permitted to work at IMS than th* predetermined rat* for th* work they perform when they arc employed pursuant to, and Individually registered In, • bona fid* apprenticeship program registered with tb* U.S. D*partm*nt of Labor, Employment and Training Ad*In Istrat Ion, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by that Bureau, or If a person Is employed In his or her first 90 days of probationary emplaymsnt as an apprentice In such an apprenticeship program, who Is not Individually registered In the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to Journeymen on th* job site In any craft classification shall not to greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wag* rate, who Is not registered or otherwise employed as stated above, shall to paid not less than the applicable wage rat* on the wag* determination for the classification of work actually performed. In addition, any apprentice performing work on the Job site In excess of the ratio permitted under the registered program shall to paid not less than the applicable wag* rat* on the wag* determination for the work actually performed. Where a contractor Is performing construction on a project In a local Ity other than that In which Its program Is registered, th* ratios and wag* rate* (expressed In percentages of th* Journeyman's hourly rat*) specified In th* contractor's or subcontractor's registered program shell to observed. Every apprentice must to paid at not lees then th* rat* specified In the registered program for th* apprentice's level of progress, expressed as a percentage of th* Journeyman hourly rate specified In the applicable wag* determination. Apprentice* shall to told frlng* benefit* in accordance with th* provisions of the apprenticeship program. If th* apprenticeship program does not specify frlng* ton*flts, apprentices must to told the full amount of fringe benefits listed on th* wag* determination for the applIcabI* classification. If th* Administrator, Mag* and Hour Division, determines that a different practice prevails for th* applicable apprentice classification, fringes shall to paid In accordance with that determination, la the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by that Bureau, withdraw* approval of an apprenticeship program, the contractor will no longer to permitted to utilized apprentices at lees than the applicable predetermined rat* for th* work performed until an acceptable program Is approved. )t7. Trail Except as provided In 29 CFR 9.16, trainees will not to permitted to work at less than th* predetermined rate for th* work performed unless they are employed pursuant to and Individually registered In a program which has received prior approval, evidenced by forme I certification by th* U.S. Department of Labor, Employment and Training Administration. Th* ratio of trainee* to Journeymen on the Job site shall not to greater than permitted und*r th* plan approved by th* Employment and Training Administration. Every trainee must to told at not lees than th* rat* specified In th* approved program for th* trainee's level of progress, expressed as a percentage of the Journeyman hourly rate specified In th* applicable wag* determination. Trainees shall to told frlng* benefits In accordance with th* provisions of th* trainee program. If th* trainee program does not mention frlng* benefits, trainees shall to told the full amount of fringe benefits listed on the wag* determination unless the Administrator of th* Mag* and Hour Division determine* that there Is an apprenticeship program associated with the corresponding Journeyman wage rate on th* wage determination which provide* for less than full frlng* benefits for apprentice*. Any employe* listed on th* payroll at a trainee rate who Is not registered and participating In a training plan approved by th* Employment and Training Administration stall to told not less titan the applicable wag* rat* on th* wag* determination for th* classification of work actually performed. In addition, any trainee performing work on the Job sit* In excess of th* ratio permitted under the registered program shall to told not PR-1273(R*v. 3-«3)FR-17 54 Jess than tha applicable wage rate on tha wage determination for tha work actually par formed. In tha event tha Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize tralnaaa at leas than the' applicable predetermined rate for tha work performed until an acceptable program Is approved. leaa and Tralnaaa ( of Transportation)! Apprentices and tralnaaa working under apprentlceahlp and skill training programs which hava baan cart I fled by tha Secretary of Transportation aa promoting equal employment opportunity In connection with Federal -eld highway conatructlon prograMi are not subject to tha requirements of Section IV, paragraphs 6 and 7. Tha straight tie* hourly waga rates for apprentices and tralnaaa under such program* will ba established by tha particular 9. Eqaal Employment Opportunity! Tha utilization of apprentices, tralnaaa, and Journeymen under this part shall ba In conformity with tha equal employment opportunity requirements of Executive Order I1246, aa amended,and 29 CFR Part 30. 10. Cornell requirements! •It* Capaland Act Tha contractor shall comply with requirements of 29 CP» Part 3, which Incorporated by reference In this contract. M. Compll Am9T with Dmvls-Bmoaa ana' Rulings and Interpretations li Davis-Bacon and Related Acts contained In 29 CPR Parts 1 and 3 are herein Incorporated by reference In this comtract. i lag I Disputes arising out of tha labor standards provisions of this contract shall not ba subject to tha general disputes clause of this contract. Such disputes shall ba resolved In accordance with tha procadurea of tha Department of Labor sat forth In 29 Cffi Parts 5, 6, and 7. Disputes within tha meaning of ttils clause Include, disputes between the contractor (or any of Its subcontractors) and tha State highway contracting agency, the U.S. Department .of Labor, or the employees or their representatives. 13. Certification of eligibility! By entering Into this contract, tha contractor certifies that neither It nor any parson or firm who has an Interest In the contractor's firm Is a person or firm Ineligible to ba awarded Government contracts by virtue of section 3(a) of tha Davis-Bacon Act (49 U.S.C. 276a-2(a» or 29 CFR 14. MaatrlctloM aa Subcontracting! No part of this contract shal I ba subcontracted to any parson or firm (net Iglble for award of a government contract by virtue of section 3(a) of tha Davis-Bacon Act (40 U.S.C. 276e-2(a)) or 29 CFR 3.12(a)(1). 13. Penalty far falsa itatamaatsi The penalty for making falsa statements Is a fine of not more than $10,000 or Imprisonment for not more than five years or both as prescribed by 18 U.S.C. 1001. V. PAKFJOUS MO BASIC RECORDS 1. QanTeaTS aae raremtloms Payrolls and basic records relating thereto shall ba maintained by the contractor during tha course of the work and preserved for a period of tnree years thereafter for al I laborers and mechanics working at the site of tha work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rates of contributions or coats anticipated for bone fide fringe benefits or cash equivalents thereof of the types described In section Kb) (2MB) of the Davis Bacon Act), dally and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has PR*1273(Rav. 5-83)FR-18 55 found under Section IV, paragraph 4 (29 CFR 5.3<«)<miv)> that the wage* of any laborer or Mcitanle Include the aeaunt of any coats reasonably anticipated In providing benefit* under a plan or progren described IA section Kb) (2) (8) of tne Oavl*-8econ Act, tne eontraetor shall ealntaln record* which show thet tne commitment to provide such benefits Is enforceable, that -tne plan or program Is financially responsible, and thet tne plan or program has been communicated In writing to tne laborers or Mechanics affected, and records •hleh show the costs anticipated or the actual cost Incurred In providing such benefits. Contractors employing apprentices or trainee* under approved programs shall nalnteln written evidence of the registration of apprenticeship programs end certification of trainee programs, the registration of the tralneea, and the ratios prescribed In the appl(cable program. 2•Ml e. The oontreetor shell submit weekly for eeeh week In which any contract work Is performed a copy of all payrolls to the State highway agency for transmission to the Federal Highway Administration. The payrolls submitted shell set out accurately end completely all of the Information required by these specifications. This Information nay be submitted In any form desired. U.S. Department of Labor Optional Form tfH-347 may be used for this purpose. The contrector Is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Menegement and Budget under OMB control number 1215-0149.) b. Each payroll submitted shall be accompanied by a "Statement of Compliance,* signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under tne contract and shell certify the following: (1) Thet the payroll for tne payroll period contains the Information required to be maintained under paragraph 1 of tnls section (29 CFR 3.5<a)(3)(D) and that such Information Is correct and complete; (2) That aech laborer or mechanic (Including eeeh apprentice and trainee) employed on the contract during the payroll period he* been paid the full weekly wegea earned, without rebate, either directly or Indirectly, and that no deductions have bean made either directly or Indirectly from the full wooes earned, other then permissible deductions as set forth In 29 CFR Part 3; (3) Thet each laborer or mechanic has been, paid not less then the applicable wage rates and fringe benefits or cashequlvelents for the classification of work performed, aa specified In tne applicable wege determination Incorporated Into the contract. c. The weekly submission of a properly executed cartI featton set forth on tne reverse side of Optional Form NH-347 shell satisfy tne requirements for submission of the "Statement of Compliance" required by paragraph b. of tnls section. 3. •eMltlee for falslf leetloai The falsification of any of the above certlflatlons may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. dsi«. Aval lability of The eontraetor end subcontractors she 11 make the records required under paragraph 1 of this section available for Inspection, copying or transcription by authorized representative* of the State highway agency, the Federal Highway Administration, and/or the Department of Labor, and shall permit such representative* to Interview employees during working hours on the Job. If the contractor or subcontractors fall to submit tne required records or to make them available, the Federal Highway Administration may, after written notice to the State highway eancy, take such action as may be necessary to cause the suspension of any further payment of funds. Furthermore, failure to submit the required records upon request or to mike such records available may be grounds for debormentaction pursuant to 29 CFR 3.12. vi. moan OF WUIKIAU, supplies AND LABOR 1. The provisions In this section are applicable to all contracts except contracts for secondery highways, contracts financed solely with funds provided by the Highway PR-l273(Rev. 9-43)FR-19 56 Beeutlflcatlon Act of 1963. as amended, and contracts with a total bid price less than $900,000. 2. The contractor shall maintain a record of the total cost of all materials and sup- plies purchased for and Incorporated In the work, and also of the quantities of those specific materials and supplies listed on Form PR-47 and In the units shown. Upon completion of the contract, this record, together with the final labor lummary required In Section V, paragraph 3, hereof, shell be transmitted to the State highway department realdent engineer for the project on Form PR-47 In accordance with Instructions attached thereto, which will be furnished for this purpose upon request. The quantities for the listed Items shell be reported separately for roadway and for struc- tures over 20 feet long as measured along the center!Ine of the roedway. 3. The eentractor shall become familiar with the list of specific materials and sup- plies contained In Fora PR-47 prior 1e the additional materials Information required will be solicited through revisions of Fora PR-47 with attendant explanations. directly by the prime contractor and equipment owned or rented by him, with or without opera- 4. Where subcontractors are Involved the contractor shall submit either a single report covering work both by himself and all his subcontractors, or he may submit separate reports for himself and for each of his subcontractors. VII. SUBLCTTINB OR ASSIGN INS TW CONTRACT I. The contractor shall perform with his own organization contract work •mounting to not leas than 30 percent of the original total contract price, except that any Item* designated by the State as "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the contractor with his own organization. a. "His own organization" shall be construed to Include only workman employed and paid b. "Specialty Items" shall be construed to be limited to work that requires Highly spe- cialized knowledge, craftsmanship or equipment not ordinarily available In contracting organizations qualified to bid on the contract as a whole and In general are to be limited 10 minor components of the overalI contract. 2. In addition to the 30 percent requirement set forth In paragraph I above, the contractor shall furnish (a) a competent superintendent or foreman who Is employed by him, who has ful I authority to direct performance of the work In accordance with the contract requirements, and who Is In charge of all construction operations (regardless of who performs the work), and (b) such other of his own organizational capability and responsibility (supervision, management, and engineering services) as the State Highway department contracting officer determines Is necessary to assure the performance of the 3. The contract amount upon which the 30 percent requirement sat forth In paragraph 1 Is computed Includes the cost of materials and manufactured products which ere to be pur- chased or produced by the contractor under the contract provisions. 4. Any Items that have been selected as •Specialty Items* for the contract are listed as such In the Special Provisions, bid sched- ule, or elsewhere In the contract documents. 3. No portion of the contract she 11 be sublet, eeslgned or otherwise disposed of except with the written consent of the State highway department contracting officer, or his authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Request for permission to sublet, assign, or otherwise dispose of any portion of the contract she 11 be In writing and accompanied by (a) a showing that the organization which will perform the work Is particularly experienced and equipped for such work, and (b) an assurance by the PR-1273(Rev. 3-83)FR-20 57 contractor that the labor standards provisions set forth In ttils contract shall apply to I abor performed ON al I work encompassed by the raquast. viu. SArTTfj Acoooff In the performance of this contract, ttia contractor shall comply with all applicable Federal. Stata and local Ian governing sefety, heelth and sanitation. The contractor shall provide all safeguards, safaty devices and protective equl pewit and take any other needed actions, on (its own responsibility, or as the State highway Jew fluent contracting officer eay determine, reasonably necessary to protect the life and health of employees on the job and the safety of ttie public and to protect prupei ry In connection with the performance of the work covered by the contract. It Is a condition of this contract, and shall be wade a condition of each subcontract entered Into pursuant -ha this contract, that the contractor and any subcontractor shall not require any laborer or Mechanic employed In performance of the contract to work In sur- roundings or under wrklng conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safaty and health standards (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from from time to time), promulgated by the united States Secretary of Labor, In accordance with Section 107 of the Contract Hark Hours and Safaty Standards Act (83 Stat. 96). IX. FALSf STATBCNT* CQNC8WINB HI«MMY •NOJfCTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of rella- b I I Ity on itatamenti and representations made by engineers, contractors, supplies, (sic) and workers on Fadaral -aid highway projects. It Is essential that all parsons concerned vlth the project perform their functions as carefully, thoroughly, and honestly as possible, willful falsification, distortion, or misrepresentation vlth respect to any facts related to ttie project Is a violation of Federal lav. To prevent any. misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-a Id highway project In one or rare places where It Is readily available to all personnel concerned with the project: • * • • MJTICI TO ALL •BBONNCL OttMCD ON FfMRAL-AlO HIOMNAT FftOJfCTS Title 18, united States Code, Section 1020, reads as follows: "Muiewei, being an officer, agent, or employee of the United States, or of any State or Terr1tory, or whoever, whether a person, station, firm, or corporation, knowingly any falsa statement, false representation, or falsa report aa to ttie character, quality, quantity, or coat of the material used or to be used, or the quantity or quality of the work performed or to be parformed, or the costs thereof In connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submlttted for approval 1e the Secretary of Transportation; or "wliuevei knowingly mafcaa any false state- ment, false representation, false report, or false claim with respect Ho ttie character, quality, quantity, or coat of any work per- formed or to be performed, or materials fur- nished or to be furnished. In connection with the construction of any highway or related project approved by ttie Secretary of Trans- portation; or •whoever knowingly makes any false state- ment or false representation as to a Material fact In any statement, certificate, or report submitted pursuant to provisions of the Federal-eld Road Act approved July 1, 1916 (39 Stat. 399), as amended and supplemented; •Shall be fined not more then $10.000 or Imprisoned not more than five years, or both.11 Fft-!273(Rev. 9-83)FR-21 58 X. lltnBCNTATION OF CLEAN AIR ACT AND FEDfRAl HATER POLLUTION CONTROL ACT (APPLICAILE TO CONTRACTS AND SUBONTRACTS WHICH EXCEED $100,000 1. The contractor stipulates that any facility 1o ba utilized In the performance of this contract, unless such contract Is exempt under the Clean Air Act, as amended (42 U.S.C. 1897 at seq.. as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1291 et seq.; as amended by Pub. L. 92-900), Executive Order 11738, and regulations In Implementation thereof (40 C.F.R. Part 19), Is not listed, on the date of contract award, on the U.S. Environmental Protection Agency. (EPA) List of Violating Facilities Pursuant to 40 C.F.R. 13.20. 2. The contractor agrees to comply with all the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. The contractor shall promptly notify the State highway department of the receipt of any communication from the Director, Office of Federal Activities, EPA, Indicating that a facility to ba utilized for the contract is under consideration to ba llstad on the EPA List of violating Facilities. 4. The contractor agrees to Include or cause to be Included the requirements of subparagraphs 1 through 4 of this paragraph X In every nonexampt subcontract, and further agrees to take such action aa the government nay direct as a means of enforcing such requirements. XI. CONTRACT MONK HOURS AND SAFETY STANDARD ACT REQUIREMENTS 1. Overtime requl No contractor or subcontractor contracting for any part of tha contract work which nay raqulra or Involva tha employment of laborars or Mchanlcs, Including watchman and guards, shall raqulra or para It any such laborer or mechanic In any workwaah In which ha or sha Is ••ployad on such work to work In axcass of alght hours In any ealandar day or In axcass of forty hours In such workwaak unless such laborar or mechanic racalvas compensation at a rata not lass than ona and ana-half time* tha basic rata of pay for al I hours workad In amass of alght hours In any calendar day or In excess of forty hours In such workwaak, whichever Is greater. 2. Violation; liability for liquidated tId In the event of any violation of paragraph 1 of this Section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall ba liable to the United States (In the case of work done under contract for the District of Columbia or a territory, to such District or 10 such territory), for liquidated damages. Such liquidated damagss shall ba computed with respect to each Individual laborar or •achanlc, Including watchman and guards, employed In violation of paragraph 1 of this Section, In the sum of S10 for each calender day or workweek In which such Individual was required or permitted 1o work In excess of eight hours or In excess of the standard workweek of forty hours without payment of the overtime wages required by paragreph 1 of this Section. Id earn** and3. withholding for liquidated damages t The Federal Highway Administration shall upon Its own initiative or upon written request of an authorized representative of the Department of Labor withhold or causa 10 ba withheld, from any moneys payeble on account of work performed by the contractor and al I subcontractors under this contract or any Federal contract with the same contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is held by the same contractor, such sums as way be determined to ba necessary to satisfy any liabilities of such contractor and alI subcontractors for unpaid wages and liquidated damages as provided In paragraph 2 of this Section. PR-1273(Rev. 9-83)FR-22 59 6-1.06 FEDERAL-AID PROPOSAL NOTICE I. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offerer's or Bidder's attention Is called 10 the "Equal Opportunity Clause" set forth herein. 2. The following goal for feaalo utiliza- tion shall be Included In all Federal and federally assisted construction contracts and subcontracts In excess of $10,000. The goal Is applicable to the contractor's aggregate on-slte construction workforce whether or not part of that workforce Is perforaIng work on a Federal or federally assisted construction contract or subcontract. Seal for (applies nationwide)..(percent) 6.9 Until further notice, the following goals for Minority utilization In each construction craft and trade shall be Included In all Federal or federally assisted construction contracts and subcontracts In excess of SI0,000 to be performed In the respective geographical areas. The goals are applicable to each, nonaxaapt contractor's lotal onslta construe* tlon workforce, regardless of whether or not part of that workforce Is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are part let* pat Ing In an approved Hometown Plan (see 41 CFR 60-4.3) are required to coBply with the goals of the Hometown Plan with regard to construc- tion work they perfons In the area covered by the HoMtown Plan, with regard lo all their other covered construction work, such contrac- tors are required to coaply with the applicable SMSA or EA goal contained herein. CALIFORNIA ECONOMIC AREA Soal (Percent) 174 Redding, CAs Non-SMSA Counties CA Lessen; CA Modoc; CA PIUMS; CA'Shasta; CA Slsklyou; CA T. 179 Eureka, CAt 6.8 Non-SMSA Counties ... CA Del Norte; CA CA Trinity. 6.6 Hwsboldt; 176 San FrancIsee-Oakland-San Jose, CA: SMSA Counties: 7120 SalInas-Seasldo- Monterey, CA. 28.9 CA Monterey. 7360 San Francisco-Oakland, CA. 29.6 CA Alaeeda; CA Contra Costa; CA Mar In; CA San Francisco; CA San Msteo. 7400 San Jose, CA. 19.6 CA Santa Clara. 7469 Santa Crux. CA. 14.9 CA Santa Cruz. 7900 Santa Rose, CA. 9.1 CA SonoM. 8720 Vailejo-Falrfleld- Nspa, CA. 17.1 CA Nape; CA Solano Non-SMSA Counties CA Lake; CA Mandoclno; CA San Benlto. 23.2 FR-23 60 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yelo. fen-SMSA Counties.... CA Butt*; CA ColtiMi CA El Dorado; CA Slenn; CA Navada; CA Sierra; CA Suttor; CA Yube. 178 Stockten'^tedesto, CA: SMSA Counties: 9170 Modesto, CA CA Stanislaus. 8120 Stockton, CA CA San Joaquln. Non-SMSA Counties CA Alpine; CA Amador; CA Calavaras; CA Marlposa; CA Maread; CA Tuolumne. 179 Fresno-eekersfleld, CA: SMSA Countlas: 0660 Bakarsflald, CA CA Karn. 2840 Fresno, CA. CA Fraano. Non-SMSA Countlas CA Kings; CA Madara; CA Tulara. 180 Los Angeles, CA: SMSA Countlas: 0360 Anaheim-Santa Ana-Garden Grove, CA. CA Oranga. 4480 Los Angelas-Long Baaeh, CA. CA Los Angalas. 6000 Oxnerd-Slml Valley- Ventura, CA. CA Vantura. 6780 Riverside-San BarnardIno- Ontario, CA. CA Riverside; CA San Barnard1no. 16.1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.3 19.0 7480 Santa Barbara-Santa Msrle- Lompoc, CA 19.7 CA Santa Barbara. Non-SMSA Countlas 24.6 CA Inyo; CA Mono; CA San Luis Oblspo. 181 San Diego, CA: SMSA Counties 7320 San 01 ego, CA 16.9 CA San Diego. Non-SMSA Counties 18.2 CA Imperial. These goals are applicable to all the Con- tractor's construction work (whether or not It Is Federal or federally assisted) performed in the covered area. If the contractor performs construction work In a geographical area located outside of the covered area. It shalI apply tha goals established for such geographi- cal araa where the work Is actually performed. with regard to this second araa, the contractor also Is subject to the goals for both Its federally Involved and nonfaderally Involved construction. The Contractor's compliance with the Execu- tive Order and the regulations in 41 CFR Part 60-4 shall be based on Its Implementation of the Equal Opportunity Clause, specific affir- mative action obligations required by the specifications sat foth In 41 cm 60-4.3(a), and Its efforts to meat the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and In each trade, and the contractor shall make a good faith effort to employ minorities and woman evenly on each of Its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sola purpose of meeting the Contractor's goals shall be a violation of tha contract, tha Exe- cutive Order and tha regulations In 41 CFR Part 60-4. Compliance with the goals will be mea- sured against tha total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 FR-24 61 working days of award of any construction sub- contract In excess of 110,000 at my tl«r for construction work under the contract resulting from this *ol(citation. The notification •hall Mat the nemo, address and telephone of the subcontractor; employer Identi- fication miMbor of the subcontractor; estimated dotlar amount of the subcontract; estimated starting and completion data* of the subcontract; and the geographical araa In which the subcontract la to b» parfonMd. 6-1.07 STAND**) POOM. EQUAL BVLOtWNT OmWTUMITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE OMKR 11246) 1. As uaad In these specifications! a. "Covered araa* Means the geographical aree described In the solicitation frcei which tnls contract resulted. b. "Director" eeans Director. Office of Federal Contract Compliance Program*, United States Oeperhaent of Labor, or any person to •hoe. the Director delegate* authority. e. "Employer Identification the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" Includes: (I) Black (all persons hevIng origins In any of the Black African racial groups not of Hispanic origin); (ID Hispanic (all persons of Mexican, Puerto Rlcan, Cuban, Central or South American or ether Spanish Culture or origin, regardless of race); (111) Asian sad Pacific Islander (all persons having origins In any of the original peoples of the Far East, South- east Asia, the Indian Subcontinent, or the Pacific Islands); end (Iv) American Indian or Alaskan Native (all parsons having origins In any of the original peoples of North America and maintaining Identifiable tribal affilia- tions through membership and participa- tion or community Identification). 2. Whenever the Contractor, or any Sub- contractor at any tier, subcontracts a portion of the work Involving any construction trade. It shell physically Include In each subcontract In excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and femele participation and which Is set forth In the solicitations from which this contract resulted. 3. If the Contractor is participating (pur- suant to 41 CFR 60-4.9) In a Hometown Plan approved by the U.S. Department of Labor In the covered area either individually or through an association, Its affirmative action obliga- tions on all work In the Plan Aree (Including goals and timetables) shall be In accordance with thet Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their partici- pation In and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating In an approved Plan la Individually required to comply with Its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan In each trade In which It has employees. The overall good faith performance by uther Contractors or Subcontractors toward a goal In an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall Implement the specific affirmative action standards provided In paragraphs 7a through p of theaa specifications. The gosls set forth In the solicitation from which this contract resulted are expressed aa percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade In which It has employees FR-25 62 In the covered area. Covered construction eontractori performing eenstruetlon work In geographical mm whero they do net have • Federal or federally assisted construction contract shall apply the minority and female goal* established for the geographical araa •hare tha work It being performed. Goals ara published parlodleally In the Fadaral Raglstar In not lea form, and such not teas nay ba obtalnad fro* any Of flea of Fadaral Contract Compliance Programs offlea or fro* Fadaral procurement contracting offtears. . Tha Contractor la axpactad 10 make subatantlally uniform prograas In aaatlng Its goals In aaeh craft during tha parted spaclflad. 3. Nalthar tha provisions of any collactlva bargaining agreement, nor tha fallura by a union with whom tha Contractor has a collac- tlva bargaining agreement, to rafar althar Minorities or woman shall excuse tha Contrac- tor's obligations under these specifications. Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the networking training hours of apprentices and trainees to be counted In seating the goals* such apprentices and trainees must ba employed by the Contractor during the training period, and the Contractor met have «ade a commitment to cap toy the apprentices end trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must ba trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shell take specific affir- mative actions to ensure equal employment opportunity. The evaluations of the Contrac- tor's compliance with theee specifications shall ba based upon Its effort to achieve maximum results'from Its actions. The Contrac- tor shall document theee efforts fully, and shall Implement affirmative action steps at leest as extensive as the following! a. Ensure end maintain a working environ- ment free of harassment. Intimidation, and coercion at all sites, and In alI facilities at which the Contractor's employees are assigned to work. The Contractor, possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onslte super- visory-personnel are aware of end carry out the Contractor's obligation to maintain such a working environment, with specific atten- tion to minority or female Individuals working at such sites or In such facili- ties. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or Its unions have employment opportunities avail- able, and maintain a record of the organi- zations1 reap c. Maintain a current file of the names, eddreases and telephone numban of each minority and female oft-the-stroot appll- cant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such Individual was sent to the union hir- ing hell for referral and was not referred back to the Contractor by tha union or. If referred, not employed by the Contractor, this shall be documented In the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide Immediate written notifica- tion to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor e minority person or women sent by the Contractor, or when the Contractor has other Information that the union referral process he* Impeded the Contreetor's efforts to meet Its obli- gations. e. Develop on the Job training opportunities end/or participate In training programs for the area which expressly Include minorities and woman, Including upgrading FR-26 63 apprentices* Ip and train** program relevant to th* Contractor's employment needs, especially those programs funded or approved by tit* Department of Labor. The Contractor shall provide notice of the** programs to the sources compiled under 7b above. f. Disseminate th* Contractor's EEO policy by providing notice of th* policy to unions and training program and requesting their cooperation In assisting the Contrac- tor In meeting Its EEO obligations; by Including It In any policy manual and collective bargaining agreement; by publicizing It In th* company newspaper, annual report, etc.; by specific review of the pol ley vlth al I management personnel and with all minority and female employees at least once a year; and by posting th* company EEO policy on bulletin boards accessible to all employee* at each location •her* construction work Is performed. g. Review, at least annually, tn* pany's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, term1netIon or other employment decisions Including specific review of those Items with onslte supervisory personnel such as Superinten- dents, General Foramen, etc., prior to the Initiation of construction work at any job site. A written record shall be mad* and maintained Identifying the time and place of these meetings, parsons attending, subject matter discussed, and disposition of th* subject matter. h. Disseminate th* Contractor's EEO policy externally by Including It In any advertising In th* news madia, specifleally Including minority and female news madia, and providing written notification to and discussing th* Contractor's EEO policy with other Contractors and Subcontractors with whom th* Contractor does or anticipates doing business. I. Direct Its recruitment efforts, both oral and written, to minority, female and ilty organizations, to schools wit* minority and female students and to minority and female recruitment and training organI* zatlons serving the Contractor's recruitment . are* and employment needs. Not later than one month prior to the date for the accep- tance of applications for apprenticeship or other training by any recruitment source, th* Contractor shall sand written notifica- tion to organizations such as th* above, describing th* openings, screening proce- dures, and teats to be used In the selection process. J. Encourage present minority and female employees to recruit other minority parsons and woman and, where reasonable, provide after school, summer and vacation employment to minority and female youth both en ttw sit* and In other areas of a Contractor's workforce. k. Validate all tests and other selectio* requirements where there Is an obligation to do so under 41 C*R Part 60-3. I. .Conduct, at least annually* an Inventory and evaluation at least of all minority and female personnel for promo- tional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices. Job classifications, work assignments and other personnel practices, do not have a discrim- inatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications ere being carried out. n. Ensure that all feel titles and com- pany activities are nonaegregeted except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the o. Document and maintain a record of all solicitations of offers for subcontracts FR-27 64 fro* Minority and female construction contractors and suppliers. Including circu- lation of solicitations to Minority and female contractor aaaoclatlons and other, business associations. p. Conduct a review, at least annually, of all suparvlaori1 adherence to and performance undar tha Contractor's EEO policies and affirmative action obllga- tlona. 8. Contractors are ancouragad to pertlcl- pata In voluntary aaaoclatlons, which aaslat In fulfilling ona or aora of their affirmative action obligations <7a through p). The afforts of a contractor aasoclatlon. Joint contractor-union, contractor community, or othar slMllar group of which tna Contractor Is a MBMbsr and participant. My be aasartad as fulfilling any on* of aora of Its obligations undar 7a through p of thaaa Specifications provldad that tha Contractor actively partlcpatas In th* group, «aka* every effort to assure that the group has a positive impact on the employment of «lnor It lea and woman In the Industry, ensures that the concrete benefits of the prograai are reflected In the Contractor's Minority and female workforce participation, Makes a good faith effort to Meet Its Individual goals and tlMetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to coMply, however. Is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noneoMp!lance. 9. A single goal for Minorities and a sepa- rata single goal for woman have been ostab- IIshed. The Contractor, however, Is required to provide equal employment opportunity and to take affirmative action for all Minority groups, both Male and female, and all weeen, both Minority and non-Minority. Consequently, the Contractor May be In violation of the Executive Order If a particular group Is employed In a substantially disparate Manner (for exaMple, even though the Contractor has achieved Its goals for women generally, the Contractor nay be In violation of the Executive Order If a specific Minority group of women is underutilized). 10. The Contractor shall not use the goals and tlmetablee or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm deborred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions end penalties for violation of these specifications and of the Equal Opportunity Clause, Including suspension, termination and cancel IatIon of existing subcontracts as nay be Imposed or ordered pursuant to Executive Order 11246, as amended, and Its Implementing regu- lations, by the Office of Federal Contract Compliance programs. Any Contractor who falls to carry out such sanctions and penalties shall be In violation of these specifications end Executive Order 11246, as amended. 13. The Contractor, In fulfilling Its obligations under these specifications, shall ImplaMont specific affirmative action steps, at least as extensive as those standards prescribed In paragraph 7 of thaaa specifi- cations, so as to achieve Maximum results from Its efforts to ensure equal employment oppor- tunity. If th* Contractor falls to comply with th* requirements of the Executive Order, the Implementing regulations, or these speci- fications, the Director shell proceed In accordance with 41 cm 60-4.8. 14. The Contractor shall designate a responsible offtele) to Monitor ell employment related activity to ensure that th* company EEO policy Is being carried out, to submit reports relating to the provisions hereof aa amy be required by the Severnmant and to keep records. Records shall at least Include for loyee the name, address, telephone i, construction trade, union affiliation If any, employ** Identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes In statue, hours worked per week In the Indicated trade, rat* of pay, and locations at which th* work was performed. Records she) I be W-28 Maintained In an easily understandable and retrievable for*; however, to the degree Hut existing records satisfy this requirement, Contractor* shall not to required to .maintain separate records* 19. Nothing haraln prowldad shall to con- strued as a Misltatton upon tha application of othar lavs «hlch astabltsh dtffarant standards of compliance or upon tha application of requirements for tha hiring of local or othar araa raaldants (e.g., thoaa undar tha Public 65 Works Eaploynant Act of 1977 and tha Coamnlty OavalopsMnt Block Grant Progran). 16. In addition to tha raportlng raqulranants sat forth alsa«hara In this contract tha Contractor and subcontractors holding subcontracts, not Including natarlal suppliers, of $10,000 or wre, shall subnlt for •very «nth of July during which •orK Is performed, eaploymnt data as contained undar Pom PR-1391 (Appendix C to 23 CfR, Part 230), and In accordance with the Instructions Included thereon. FR-29 - 66 - SECTION 7. (BLANK) SECTION 8. MATERIALS 8-1.00 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this project shall occur in the United States. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance", of the Standard Specifications, shall be furnished for steel materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the cost of such materials used does not exceed one-tenth of 1 percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel prior to incorporating such materials into the work. 8-1.01 GENERAL. Attention is directed to Section 6, "Control of Materials", of the Standard Specifications and these Special Provisions. All materials required to complete the work under this contract shall be furnished by the Contractor; except that the City of Carlsbad will furnish "TEMPORARY NO PARKING" signs. 8-2.01 PAVEMENT MARKERS. Pavement markers shall conform to the provisions in Section 85 of the Standard Specifications and these Special Provisions. 8-3.01 EPOXY ADHESIVE FOR PAVEMENT MARKERS. Epoxy shall be the Rapid-Set Type. The following changes are made to Section 95-2.04, "Rapid Set Epoxy Adhesive for Pavement Markers", of the Standard Specifications. 1. The State Specification Number is changed to 8040-21M-07. 2. The ingredient FibriHated Polyethylene is changed to Oleophilic Fumed Silica and the parts by weight are changed to 4.50* for Component A and to 3.50* for Component B. 3. Glycerine is deleted from Component A. 4. The parts by weight in Component B for talc is changed to 52.00 and forSilicone Anti-foam, 0.005. - 67 - 5. The footnote that is designated by an asterisk (*) is amended to read as follows: *A range of 4.00 to 5.00 parts is permitted in the A Component and 3.00 to 4.00 parts in the B Component, to achieve the required viscosity and thixotropy. Small preproduction batches should be made to determine the oleophilic silica level best suited for the manufacturing equipment used. 6. The footnote 4 is amended to read: 4High purity fumed silica, surface treated with a silicone oil, with the following properties: Appearance, fluffy white powder; surface area, N« B.E.T. method, 70 (+ or -) 15 M /gram; pH, 4 grams dispersed in 100 mis of 20/80 volume mixture of ethyl alcohol and distilled water, 4.7; weight % carbon,. 5.0 minimum; ignition loss (dry basis) 2 hours at 1000° C., 6 to 7; specific gravity, 1.8. 7. Under Tests: (1) is amended to read: (1) Brookfield Viscosity, Helipath Spindle TE at 5 rpm, Poise at 77° F. Component A and Component B - 3000 to 4000; (2) is revised by deleting "at 77e F."; (3) is revised by changing 11.75 to 11.90 under both components; (5) Requirements is changed to read: "...shall match curves on file at the Transportaion Laboratory." Characteristics of combined components is amended by adding: (6) Sag Test** No Sag ** A 7-inch long by 2-1/2-inch wide by 1/4-inch thick layer of mixed adhesive is applied to the glazed face of a Leneta Chart, Form 2-A opacity, surface leveled with thickness controlled by 1/4-inch thick shims. Remove shims and immediately hang chart vertically until epoxy hardens. Test performed at 77° F. - 68 - SECTION 9. DESCRIPTION OF WORK The work to be done consists, in general, of furnishing all labor, tools, materials and equipment, and doing all work necessary to install pavement markers at various locations in the City of Carlsbad as shown on the plans, as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer. - 69 - SECTION 10. CONSTRUCTION DETAILS 10-1.01 ORDER OF WORK. Order of work shall conform to the provisions of Section 5-1.05, "Order of Work", of the Standard Specifications and these Special Provisions. Schedule of work shall be established in cooperation with the City Engineer to insure the best possible method for performing the work and handling of traffic. The established schedule of work shall be strictly adhered to. 10-1.02 MAINTAINING TRAFFIC. Attention is directed to Sections 7-1.08, "Public Convenience"; 7-1.09, "Public Safety", and Section 12, "Construction Area Traffic Control Devices", of the Standard Specifications; to the Section entitled "Public Safety" elsewhere in these Special Provisions, and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Lane closures shall conform to the provisions in the Section of these Special Provisions entitled "Traffic Control System for Lane Closure". Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the shoulder taper. A C23 ("Road Work Ahead") or C24 ("Shoulder Work Ahead") sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. No work that interferes with public traffic shall be performed between sunset and 7:00 a.m., unless authorized by the City Engineer. A minimum of one paved traffic lane, not less than 12 feet wide, shall be open for use by public traffic. When construction operations are not actively in progress, not less than two such lanes shall be open to public traffic. Vehicular access to any property shall not be blocked. The full width of the traveled roadway shall be open for use by public traffic on Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceeding designated legal holidays, and when construction operations are not actively in progress on working days. - 70 - Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November llth, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November llth falls on a Saturday, the preceding Friday shall be a designated legal holiday. Minor deviations from the requirements of this Section, concerning hours of work which do not significantly change the cost of the work, may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by Contract Change Order. Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the City of Carlsbad, giving the approximate starting date, approximate completion date expected, and the name and telephone number of a person who may be contacted at any hour in the event of a critical condition requiring immediate correction. It shall also be the Contractor's responsibility to notify the City Engineer seventy-two (72) hours prior to the start of construction to review traffic and detour instructions at the construction site. The Contractor shall notify local authorities of his intent to begin work at least five (5) days before the work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles, if necessary. Flagmen and all lights, signs, barricades, and other devices deemed necessary by the Engineer to provide for public pedestrian and traffic safety shall be furnished and maintained by the Contractor at his own expense. At all crossings where school children are present, a "Crossing Guard" shall be furnished by the Contractor during the times children are going to and from school. 10-1.03 MAINTENANCE OF WARNING DEVICES. Traffic control methods shall conform to the Manual of Traffic Controls; Section 12, "Construction Area Traffic Control Devices", of the Standard Specifications, and these Special Provisions. 10-1.04 CONSTRUCTION AREA SIGNS. The term "Construction Area Signs" shall include all temporary signs required for the direction of public traffic through or around the work during construction. Such signs are shown in or referred to in the current Manual of Traffic Controls. - 71 - The Contractor shall furnish all sign panels, posts, and hardware and shall erect, maintain, and remove all construction area signs shown on the plans as provided in these Special Provisions. The City of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs to be posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be removed by the Contractor immediately when not required to facilitate the work. All construction area signs shall conform to the dimensions, color, legend, and reflectorization or lighting requirements of the plans, the current Manual of Traffic Controls, and these Special Provisions. All sign panels shall be the product of a commerial sign manufacturer, but need not be new. Used sign panels, in good repair as determined by the Engineer, may be furnished. Sign panels for portable signs may be of materials described below for stationary mounted signs or may be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Size, color, and legend requirements for fabric signs shall be as described for stationary mounted signs. Sign panels for stationary mounted signs shall consist of high quality reflective sheeting applied to a base of aluminum or plywood in conformance with the following: Base material shall be exterior grade plywood not less than 3/8-inch think, or sheet aluminum not less than 0.063-inch thick for widths up to 42 inches and not less than 0.080-inch thick for widths of 48 inches or greater. Reflective sheeting shall be of the same quality as the products manufactured to meet the Department's Specifications for Reflective Sheeting Aluminum Signs. Copies of the Department's Specifications for Reflective Sheeting Aluminum Signs and Framing Details for Sheet Aluminum Signs may be obtained from the Department's Office of Business Management, Material Operations Branch, 6002 Folsom Blvd., Sacramento, CA 95819. The high- quality reflective sheetings presently being manufactured or marketed by 3M Company, American Decal, and Mitsubishi Corporation have been evaluated by the Department and found to comply with these specifications. Used signs shall be considered satisfactory if (1) the sheetings have not deteriorated due to natural causes, (2) the sign is effective for its intended purpose when viewed from a vehicle during daylight and at night under low-beam headlamp illumination, and (3) the colors conform to the requirements of the current Manual of Traffic Controls. A significant difference between day and nighttime reflective color shall be grounds for rejecting signs. Legend and border may be applied by a screening process or by use of pressure sensitive cut-out sheeting. Size and spacing of letters and symbols shall be as depicted on the sign specification sheets published by the Department. Copies of the sign specification sheets may be purchased from the Department's Central Publication Distribution Unit also located at 6002 Folsom Blvd., Sacramento, CA 95819. - 72 - All rectangular sheet aluminum signs over 55 inches measured along the horizontal axis, and all diamond-shaped sheet aluminum signs 60 inches and larger shall be framed unless otherwise specified. Frames shall be constructed in accordance with "Framing Details for Sheet Aluminum Signs", Sheets 1 through 4 and Table 1 on Sheet 5, as published by the Department. Construction area signs shall not be used until they are needed and when no longer needed they shall become the property of the Contractor and shall be removed from the site of the work. The Contractor may be required to cover certain signs during the progress of the work. Covers for construction area signs shall be of sufficient size and density to completely block-out the message so that it is not visible either during the day or at night. Covers shall be fastened securely to prevent movement caused by wind action. Except as otherwise shown on the plans, construction area signs shall be stationary signs or portable signs. Construction area signs shall be erected at the locations shown on the plans as directed by the Engineer. Stationary signs shall be erected on wood posts in the same manner specified for roadside signs. Posts shall be new or good sound used posts, suitable for the purpose. If the post size is not shown on the plans, the post shall be not less than 4" x 4" nominal size. Portable signs shall conform to the provisions in Section 12- 3.06, "Portable Signs", of the Standard Specifications, except that the second paragraph in said Section 12-3.06 shall not apply and the sign standard or framework shall be capable of supporting the size of sign specified. The Contractor shall clean all construction area sign panels at the time of installation and as often thereafter as the Engineer determines to be necessary, but at least once every 4 months. Signs damaged by any cause shall be repaired or, if determined by the Engineer to be irreparable, replaced by the Contractor at his expense. To properly provide for changing traffic conditions and damage caused by public traffic or otherwise, the Contractor shall be prepared to furnish on short notice additional construction area sign panels, posts, and mounting hardware or portable sign mounts. The Contractor shall maintain an inventory of the commonly required items at the jobsite or shall make arrangements with a supplier who is able, on a daily basis, to furnish such items on short notice. If in the course of construction it is neessary to remove existing traffic regulation signs, the Contractor shall be held solely responsible for their removal and reinstallation and for their protection and storage until re- installed. If any sign or post is damaged or destroyed by the Contractor's operation or during storage, he shall, at his expense, replace or repair said sign or post to the satisfaction of the Engineer. If the Contractor fails to replace or repair said sign or post to the satisfaction of the Engineer, the City may, at its option, cause said sign or post to be replaced or repaired and bill the Contractor for the City's actual costs for labor, equipment, and materials, plus 15 percent overhead costs. - 73 - If it is necessary to relocate existing traffic regulation signs, the Contractor shall notify the City Engineer for determination of a suitable new location. If signs are to be removed and not to be replaced, the Contractor shall be responsible for protection of signs and delivery of the salvaged signs to the Engineer. Full compensation for "Construction Area Signs" shall be considered as included in the price paid for the various contract items of work and no separate payment will be made therefor. 10-1.05 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE. A traffic control system shall consist of closing traffic lanes in accordance with the details shown on the plans, the provisions of Section 12, "Construction Area Traffic Control Devices", of the Standard Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions, and these Special Provisions. The Contractor shall notify the following City of Carlsbad Departments 24 hours prior to the start of work on this project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad: Engineering Department 438-5541 Police Department 438-5511 Fire Department 438-5521 Signs for traffic control system shall conform to the provisions under "Construction Area Signs" elsewhere in these Special Provisions. The provisions in these Section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety", of the Standard Specifications. When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way, shoulder, and auxilliary lanes. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right-of-way. Upon completion of the work requiring lane closure, all components of the traffic control system shall be removed from the site of the work and shall become the property of the Contractor. - 74 - Each vehicle used to place, maintain, and remove components of a traffic control system on multilane conventional highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the plans shall not be used on the vehicles which are doing the placing, removing, and maintaining, and shall be in place before the lane closure is completed. Lane closures shall be in accordance with the plan entitled "Traffic Control System for Lane Closure on Multilane Conventional Highways" (T-ll and T-12), and these Special Provisions. One-way traffic shall be controlled through the project in accordance with the plan entitled "Traffic Control System for Lane Closure on Two-Lane Conventional Highways" (T-13), and these Special Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Full compensation for providing the traffic control system shown on the plans (including signs) shall be considered as included in the Contract prices paid for the various items of work and no separate payment will be made therefor. 10-1.06 PAVEMENT MARKERS. Pavement markers shall be placed in accordance with the provisions of Section 85, "Pavement Markers", of the Standard Specifications and these Special Provisions. Pavement markers shall be placed to the line established by the Engineer, which will consist of temporary painted line or new or existing stripes, one for each line of markers. All additional work necessary to establish satisfactory lines and patterns for markers shall be performed by the Contractor, including correction of minor irregularities in the line established by the Engineer. Markers shall be cemented to the pavement with Rapid Set Type adhesive. TYPICAL LANE CLOSURE land I (See table l)^ IM mm I C14 CMP)cum ©0© O SMPMElSUKItl.) A 36 i * 6 48 > 18 C 36 • 18 0 10 i 30 UKM IrirlicCiiM IITH 1 Where approach speeds are low. signs may be placed i( 300 loot spacing, and m urban aieas, closer 2 AH advance warning signs tor night lane closures Shan be lUurmnaled Other signs shall be ether irlurrunaled or leNectorued 3 AH advance warning sign installations shall be equipped with tugs lor daytime closures 4 A C13 'END CONSTRUCTION" or C14 •END ROAD WORK sign, as appropriate, stun be placed at the end ol the lane closure unless the end ol work area is obvious or ends wilhm a larger protect bmls 5 II the CIS (or C23) sign would lotto, within 2.000 leel ol a stationary CI« C23. or C11 STATE HIGHWAY CONSTRUCTION NEXT MILES use a C20 sign lor the first advance warning sign 6 All cones used lor night lane closures shall be illuminated trails cones 7 Portable delineators, placed at one-hall the spacing indicated lor traffic cones, may be used m heu of cones lor daytime closures only 8 Flashing arrow sign shall tie either Type I or Type II 9 The maximum spacing between cones in a taper shall be appnuimalely as shown in Table 1 and 50 tool maumum spacing on tangent 10 For approach speeds over 50 mod. use the ••Traffic Control System For Lane Closure On Freeways And E«pressways' plan lor lane closure details and requirements HaslMI fc.o. iff, tkncttri »< lr»d IMU 1 (Iitv) (IMA)u>* ,„.CMBbr '*•* ?S40 320 40 M (00 0*. it see tat 10 t 9 13 40 M )«jirt«i IZlou «h* l*« Ikis coluini B M, aporapriauIn UM .«nh Ins Nun 12 IM TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE ON MULTILANE CONVENTIONAL HIGHWAYS REVISED 7/28/8i'CMI -vl CJ1 TYPCAL CLOSMG OF HALF ROADWAY o Mill: I WHere approach speeds aitkM. signs may 5 A CI3 "END CONSTRUCTION" or CI4 be placed at 300 tan spacng and. • -END ROAD WORK- sign, as appropriate. urkM anas, deter skal be placed al the end of die lam closure udess die end of urork area is2 Hoi less dan out person shad be assigned It M tmx nwttnanct at badJc cenkol aevces on ad itgbl lane rttmir 3 Al dooms skal be I a ntecMnnd. 4 Al be Flastng beacons ska* be Hated al die REVISEO 7/28/S2 obnui. «r mds oiHun a lafgci (nonet hum 6 H»itClt|vC23)signMHUIoi<MrMnin 2.000 tut al a suuotury CIS. CM.« Cl I -STATE HIGHWAY CONSTRUCTION NEXT MILES". us» a C20 sgn K» 0» fist adtwict Mnng sign 7 Al cms UMI to ngM lane ctosms Shan U *MMM (rathe cans 8 Port** Mneain aland al om-tal die spacing mOKHU to kaMc canes, may IK uMd «i fci o< cones to daytime chains 9 Wamng (W) series signs used n *ort areas shal In Hack en orange 10 fuslmganmugm thai be enter Type l « Type II 11 Adnsery speed oil He eettnnmed by Engmeei and Ml be pMed only less Hun pooed speed knt 12 Tmma»M«n»niringb«l»eencenesina laner Hal be ipaifi»imilel» as stam M Table I and SO ton Mum (HM.)U*be** »» KM 40M IK 32* i 4 II n w )**•*• I2f«lMetUM llwIn Iw >«IB leu tta 12 het 13 For appfoack speeds dwt SO mph. use die -TiaMc Cenkel System f • Lane CWwe On Fnevays And E«( tot TRAJT1C CONTROL SYSTEM FOR LANE CLOSURE ON MULTILANE CONVENTION/y. HIGHWAYS ••SCELLAMEOUS DETA.lg~TTT2 TYPICAL LANE CLOSURE WITH REVERSBLE CONTROL O7 GO (O) CrelM •» ~»»u«i.»ns»»s«a»ii»»ip»i I .""L*'*0'!r i i 1 Matte (Set 14k I) j MC KIOH 1 Mm JOproactispBedsarelo.. signs may tie pmd it 300 tan spacing, and in titan ams. door 2 AlafeanceMnwgagni lor nght closures Oat tt Huinmliil (Mm ag» shall He 3 M doun Fm»m Xicnil sfta be pUeacl at In hcmon ntuMd dwng n«u 5 ltneC18|vC23)S«<MUldU«Mr»nllwi 2.000(eenKasulionaiyCI8 C23o.CH -STATE HIGHWAY CONSTRUCTION NEXT MILES" UK a MA agn In me tea advance waning sign 6 All cones uttd hi nlgM lane ctaue Stan te iMwMfulMt irattc CMB. 7 ruttt*Mmmn.i*t»* alone Hall me 9 Place C30 -LANE CLOSED" agn on Dag we al 500-1000 intervals tfnugtaut eilended •wk aieis They are o«nal <l Itaoon aruis raUk (ran me ftagga staloi 10 Mien a pM car e used. pOc«C37 TBAffC CONTnL MAIT fOB PUT CAR" 4T .«'* X iX ie * .» c * iir p « . ir IM 45 «wr \-aaH dl. 4 Al CI3 "END COMSTBUCTIOr or CM -EKO ROAO WOWr ag* as appraprule ska* te placM al te end of UK Me control uiiHu »» em) d «nH» area B obmiii. r» M* ««n a large. praiKI tmu te us* • hu 4 CMS to daytmt ctaans only 8 AnadrJujonalarMoxiagggiskallbe coRBtfBrad on tagh VBIMH Ht^Mnys wicre uaHK qytwi nay <MHn Flaggtre su- UMS to Mik al MgM skal be iftimnlod as MM « SedM 5.0* tl »e 'Manual ot Tnfc Crwwf ! «i OM (*> •«» tt TOT • ri TWFFIC CONTROL SYSTEM FOR LANE CLOSURE ON TWO LANE CONVENTIONJU. HIGHWAYS MISCELLANEOUS DET/ULS HEVKED 5/25/83 IT-13 HW Y 78 78 \ .f»j:-'t;5, VISTA SCALL CITY OF CARLS3AJ HEDIONDA LAGOO.N LCA.R.LS3AD \ LA COSTA AYE PACIFIC OCEAN rou;0i LOCATION MAP PROJECT LOCATION LIST RAISED PAVEMENT MARKERS INSTALLATION DETAILED PROJECT NO. STREET 1. 2. 3. 4. La Costa Avenue Elm Avenue Chestnut Avenue Marron Road Type Type Type LIMITS "G" "D" "A" ECR to Rho S.F. 418 CjSoI^ Carlsbad Blvd to Donna 343 520 Interstate 5 to ECR 272 W.C.L. to Avenida de . — ^ Type FROM CHAPTER 6 OF THE "AY" THE TRAFFIC MANUAL Detail Detai 1 Detail 12, 9, 3, 22, 38 16, 22, 22 38 Anita 5. Paseo Del Norte PAR to Poinsettia TOTALS 240 1£ 297 1011 1969 42 42 80 80 Detail 9, 19, 22, 38 Detail 2, 10, 16, 17, 38 MARKER DETAILS TYPE A 8 TYPE AY /] v] i — + — ^__ * _-*V — I V> • TYPE B.TYPE C 8 TYPE 0 TYPE CC a TYPE DC CERAMIC MARKERS •criCCTivc »u»'«ci KitRMl TYPE G 3 TYPE H TYPE GC a TYPE HC CERAMIC MARKERS 80 Traffic Manual MARKINGS 6-15 Figure 6-1 CENTERLINES • 2 LANE HIGHWAYS 1 FOR SPEED ZONES 40 MPH OR LESS ^^^^^^^^^^^^^^^^^^^^^^^^^^^M DETAIL 1 4T •*• r I ir 1 r ir •^l=] DETAIL 2 «r *•• •»• 1 r ir r 1 $»D I I I I DETAIL 3 av m vt ••" •»' 1 r 1 •«• r D i i D i i DETAIL 4 Of^ r 1 r 1 ir 1 D O O O O O O ^ 1 4' 1 POLICY i Centeriine pattern for use on two-lane streetsr , and highways (normally used on local streets1 1 and highways). r Centerilne pattern with pavement markers O for use on two-lane streets and highways. Alternate to Detail 2. For uae where there is limited horizontal or vertical sight distance r-, but paaaing i* not restricted by no-passingu zones. A Alternate to Detail 2. For use at problem locations where it Is difficult to place and maintain centerilne because of moisture, sand, etc. FOR SPEED ZONES 45 MPH OR MORE ^^^^^^^^^^^^^^^^^^^^^^^^^^^H DETAIL 5 «r *• ir I »• i i DETAIL 6 «r "** ir 1 ir 1 irn i i DETAIL 7 4T*• ir i ir I D O O O O-•• 1*1 LEGEND I I A" Yellow ^ Directions of Travel i Centerilne pattern for uae on two-lane streets 1 ir and highways (normally used on local streets I I and highway*). Centeriine pattern with pavement marker* r-j for use on two-lane streets and highways. Alternate to Detail 6. For use at problem locations where it Is difficult to place and; maintain centeriine because of moisture, U sand, etc. O Twc-Way Yellow Reflective Marker (TYPE D) O Non-Reflective Yellow Marker (TYPE AY) 6-16 *7-1M1 MARKINGS Traffic Manual 81 LANELINES • Rgurt 6-2 MULTILANE HIGHWAYS FOR SPEED ZONES 40 MPH OR LESS DETAILS «r r ir I r | ir I r DETAIL 9 ^ I •»• I ra 4T ir r POLICY Lan«lln« pattam for uaa on muttllane streets and highway* (normally uaad on local streets and highways). Lanalina pattam with pavamant markars for uaa on muKllana streets and highways. DETAIL 10 •*» I r | r |n o o o 4T ir i r | ro o o a Alternate to Detail 9. FOR SPEED ZONES 45 MPH OR MORE DETAIL 17 ••I.I L ir Lanalina pattam for uaa on multtlane streets and highways (normally uaad on local streets and highways). DETAIL 12 -•> I ir ir Lanalina pattam with pavamant markars for use on multiiane conventional streets and highways. DETAIL 13 -» I ira DETAIL 14 4T 6 oiro o ir 01 If I in oooo a oooo a oooo>oo a Lanaline pattam with pavement markars for uaa on state freeways and expressways (« Detail 14). Lanalina pattern with red/clear pavamant markars for uaa on freeways approaching exit ramps. Uaad with Detail 13, In a pattam of four red/clear pavamant markars, at Inter- vals as shown. LEGEND i i 4"Whrte LI One-Way Clear Reflective Marker (TYPE G) -*• Direction of Travel Q Red-Clear Reflective Marker O Non-Reflactive White Marker (TYPE A) 82 Traffic Manual MARKINGS Rgurt 6-3 NO PASSING ZONES - ONE DIRECTION fr-17 7-1M1 FOR SPEED ZONE, 40 MPH OR Ltbb DETAIL 15 OETA/L 16 •*• r •*• Q|°t•'I* --* • -*T . DETAIL 17 D OOO a OOO D BOOOOOBOOOOOHI <• I POLICY Ona diraction no-passing pattam for usa on two-lana straats and highways (normally usad on local straats and highways). Ona diraction no-passing pattam with pava- mant markars for usa on two-lana straats and highways (saa Nota 1). Altamata to Datall 16. For usa with Datail 4. FOR SPEED ZONES 45 MPH OR MORE DETAIL 18 ^ ir T DETAIL 19 *• ir D a•» *•* DETAIL 20 *• ira BO OO LEGEND 4" T, Dlractlons of «r r <rtr ir i ) ai *• 1 ir 1 ir O OO O OOBOOOOO ir__________ Ona diraction no-passing pattam for usa on1 ^ two-lana straats and highways (normally usad on local atraata and highway*). r-i Ona diraction no-passing pattam with pava- £1 mant markars for usa on two-lana straats and highways (saa Nota 1).a11 i D_*_ AKamata to Datail 19. For usa with Datall 7. Yallow n Two-Way Yallow Raflactiva Markar (TYPE D) Traval fj ona-Way Yallow Raflactiva Markar r\ Non-Raflacttva Y<.ItowMarkar (TYPE AY) MARKINGS 83 Traffic Manual Figure 6-4 NO PASSING ZONES - TWO DIRECTION DETAIL 21 DETAIL 22 POLICY Two-direction no-passing pattern for us* on two-Ian* streets and highways (normally used on local ttr**ta and highway*). Two direction no-passing pattern with pave- m*nt markar* for us* on two-Ian* str**ts and highway* (see Hotel). DETAIL 23 bVo ooonooooob, DOOOOODOOOOOD; Alternate to Detail 22. For us* with *tth*r Detail 4 or Detail 7. LEGEND 4" Yellow mt Directions of Travel D Two-Way Yallow Reflective Marker (TYPE D) O Non-ReflecttveYellowMsrfcer (TYPE AY) 84 fc Traffic Manual MARKINGS 6-237-nsr Rgurt6-9 MISCELLANEOUS MARKINGS DETAIL 36 (fir* ftamp Treatment; POLICY •* 24' a ^-W—-^^^ 9H .2 1 24' edpomn DETAIL 37 (u».o»oi -a- 30' 3' 6' 6' 3' 12'n i n DETAIL 38 (Chwmn a a 24' i Through Traffic B^ * , i .1 • Exit ramp pattern ^ f • I freeways. See also — ~~ I— _^»«' WM> Lfc» \W1 "ff tod^J^np)^ / »" 24' r | | 24' r •' •' »' •' a J_ avx anun •* ^ (neutral area) for use on Flgura6-17. I «•' I a a a TB «^ r~24- 2'-| I i — ~rrrr *300' 1 24> / 24' " Se*Oets//M Lane drop pattern for use at freeway exit ramps. See also Figure 6-10. 'Reflective markers may be placed on line. •JngUn») <" WhNe Una r , f or Rlgh^tum lanes 24' | (aee Section 6-02. 2( i line for use on Left-turn on streets and highways 3)). LEGEND .» Direction of Travel Cl One-Way Clear Reflecttve Marker (TYPE G)