HomeMy WebLinkAboutGledson/Cashman Construction; 1995-11-16; CSD 020f
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NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . 1
CONTRACTOR’S PROPOSAL . . . . . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , . , . . 4
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . , , . , , . , . . . . . . . . . . . . . . . . . . , 9
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . 13
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . 14
a. TABLE OF CONTENTS
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID , , . . . . . , . . . . . . . . . . . . . . . . , . . . . , . . , . . . 15
CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . . . , 16
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . , . . . . . , . . . . . . . , . . . . . . . . . . . . . 23
PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . , . . , . . . . . . . . 25
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 27
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . 28
RELEASEFORM ...................................................... 32
SPECIAL PROVISIONS
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I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS. . . . . . . . . . . . . . . . . . 44
Ill. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . 4E
IV. SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS . . . . . . . . . . . . . . 5(
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CITY OF CARLSBAD, CALIFORNIA 1 NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 24th day of
August , 1995, at which time they will be opened and read, for performing the work as follows:
PLAYGROUND IMPROVEMENTS
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CONTRACT NO. CSD-020 i
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The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Community Services Department. The
specifications for the work include the Standard Specifications of Public Works Construction,
(SSPWC), 1994 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued
by the Southern California Chapter of the American Public Works Association and as amended
by the special provisions sections of this contract. Reference is hereby made to the
specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses
This project is being funded through U.S. Department of Housing and Urban Development, al
federal labor standards provisions will apply.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators anc
contractors to utilize recycled and recyclable materials when available and where appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasinc
Department. Each bid must be accompanied by security in a form and amount required by law
The bidder's security of the second and third next lowest responsive bidders may be withhelc
until the Contract has been fully executed. The security submitted by all other unsuccessfu
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract i$
awarded. Pursuant to the provisions of law (Public Contract Code Section 22300), appropriate
securities may be substituted for any obligation required by this notice or for any monies withhelc
by the City to ensure performance under this Contract. Section 22300 of the Public Contrac
Code requires monies or securities to be deposited with the City or a state or federally charterec
bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
k/Contractor's Proposal
?'Bidder's Bond
von-Collusion Affidavit Experience
4. Contract
YDesignation of Subcontractors Certification
YAmount of Subcontractors' Bid
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(7. Bidder's Statement of Financial Responsibility
)3: Bidder's Statement of Technical Ability and
9. Purchasing Department Representation and
10. Escrow Agreement for Security Deposits (optional)
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All bids will be compared on the basis of the Community Services Director's Estimate. The
estimated quantities are approximate and serve solely as a basis for the comparison of bids.
The Community Services Director's Estimate is $1 50,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration date
and classification in the proposal, under penalty of perjury. The following classifications are
acceptable for this contract: C-61-034, C-614312 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost
for postage should be added.
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 Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Community
Services Director. 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 installation contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting
and Subcontracting Fair Practices Act." The City Community Services Director is the City's "duly
authorized officer" for the purposes of Section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1 , of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will be held. The meeting will be held at 9:00 AM,
August 9, 1995.
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.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed
or written in with ink and must be initialed in ink by a person authorized to sign for the
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CITY OF CARLSBAD
CONTRACT NO. CSD-020
CONTRACTOR’S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive 1 Carlsbad, California 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. CSD-020 in accordance with the Plans and Specifications of the City of Carlsbad,
and the Special Provisions and that he/she will take in full payment therefor the following unit
prices for each item complete, to wit:
Approximate
Item Quantity Unit
No * Description and Unit Price - Total - 1 1. Holiday Park 35,291 .C
2. Stagecoach Park 62,287. C
22,280. C 3. Calavera Hills Park
20,063 .C
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I 4. Laguna Riviera Park
*The contract will be awarded to one contractor based on the total lump sum accumulation of
the park improvements.
Total amount of bid in words:ONE HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED
Total amount of bid in numbers: $ 139,921 .OO
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). -0-
proposal.
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
TWENTY-ONE DOLLARS
has/have been received and idare included in this
o/-/ o! &/A c537/ 5/1/95 /dc/ r5zy,p- bB ss
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The Undersigned agrees that in case of defautt in executing the required Contract with
necessary bonds and insurance policies within iwenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
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0 accompanying this bid shall become the property of the City of Carlsbad. W”$hc;e
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the Stateeof Czlifornia, validly licensed
under license number 707372 , classificationR. c61 , D34 * D IQhich expires
on , and that this statement is true and coirect and has the legal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
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1. That no Council member, 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 inducted 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. I
Accompanying this proposal is BOND (Cash, Certified Check, Bond
or Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions. e
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made
by a general partner)
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(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
a 511 195
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted GLEDSON/ CASHMAN CONSTRUCTION
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--i I -. (2) Signature
PRFSIDEEJT -- Title
Impress Corporats Seal here a
CALIFORNIA (3) Incorporated under the laws of the State of
(4) Place of Business 9 1 5 5 ARCHIBALD AVE . , STE . 3 02
(Street and Number)
RANCHO CUCAMONGA, CA City and State I /
(5) Zip Code 91730 Telephone No. ( 909 ) 944-6446
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE 1 @ ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners: 1 GEORGE R. GLEDSON
MICHAEL N. CASHMAN
5/1/95 0
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNU
Countyof SAN BERNARDINO
On AUGUST 24, 1995 before me, BARBARA K. QUELL! NOTARY PUBLIC 1
Date Name and Title of Officer (e g , 'Jane Doe, Notary Public")
GEORGE R. BLEDSON personally appeared ,
0 personally known to me - OR -=proved to me on the basis of satisfactory evidence to be the person#
whose name(&is&qxsubscribed to the within instrument
and acknowledged to me that hewexecuted the
same in his/- authorized capacity(ies), and that by
his/- signature(% on the instrument the person@),
or the entity upon behalf of which the person@) acted,
executed the instrument.
Name(s) of Signer@)
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: coNTRAcTOR's APpRovAL
Document DatefiuGUST 24, 1995 Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Ti tie( s) :
0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Prod No 5907 Reorder Call Toll-Free 1-800 0 1994 National Notary Association * 8236 Remmet Ave , PO Box 71 84 * Canoga Park, CA 91309-7184
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BID SECURIN FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.) 0
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY
OF CARLSBAD, in the sum of
dollars ($ ).
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check
shall become the property of the City provided this proposal shall be accepted by the City
through action of its legally constituted contracting authorities and the undersigned shall fail to
execute a contract and furnish the required Performance, Warranty and Payment Bonds and
proof of insurance coverage within the stipulated time; otherwise, the check shall be returned
to the undersigned. The proceeds of this check shall also become the property of the City if the
undersigned shall withdraw his bid within the period of fifteen (1 5) days after the date set for the
opening thereof, unless otherwise required by law, and notwithstanding the award of the
contract to another bidder.
0.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
0 5/ 1 /95
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Bond No. 50512-07 9
BIDPER'S BONO TQ ACCOMPBPIY PROPOSAL
WOW ALL PERSONS BY THESE PRESENTS:
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That we, Gledson/Cashman Const-i *on , 8s Prfnclpal, and Indemnity Company of Cal Uorr
as Surety are held and firmly bound unto the CRy of Carlsbad, California, In an amount 8s
follows: {must be at leas2 ten percent (16%) of the bM smaunt~ot To Exceed Eighteen Thou: for whlch payment, well and truly made, wo blnd ourselvss, our heis, exwculors and administrators, successors or assigns, jointly and sevoralfy, firmly by these presents.
THE CONDITION OF THE FOREGOING OBUQATION IS SUCH that if the p~oposal of the above-
bounden Principal for:
Install Play Equipment in (4) Parks in Carlsbad, California
in the City of Carlsbad, is accepted by the City Council, and if the Pdncipai shall dub enter into
and execute a Centrad including required band8 and tnsurance pufkies wWn twenty (20) days
from the date of award of Contract by the C&y Councll of the Ctty of Carlsbad. being duly
notifled of said award, then this obligetlon shafl become null and void; otherwise, R shal! be and
remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
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In'the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
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T-t" 0 Executed by PRINCIPAL this 2 7 day Executed by SURETY this day of AUC-/UST 11 9-. of 11 g-.
PRINCIPAL: SURETY:
&7LLas0d / CGWA(3 ~W&~C.?jSh)
(name of Principkl) (name of Surety)
(address of Surety)
By: -
(sign here)
&-z&.lL' 4.. fGLt=ad
(print name here) (telephone number of Surety)
?L?E5,~@q-- -.s=aLm-iw/ By:
(Title and Organizafion of Signatory) 1 (signature of Attorney-in-Fact)
BY -/5--==T
(sign here) (printed name of Attorney-in-Fact)
/Y~Ww2% eJ2-74
(print name here) (Attach corporate resolution showing current
power of attorney.)
(/A /&zh-7A-
(title and orGanization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.) 1
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
D. RICHARD RUDOLF . Assistant City Attorney
5/1/95 I. 614
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In the event Principal executed this bond 8s an Indiddual, It is agreed that the death of Principal
shall not exonerate the Surety from es obligatlons under this bond.
Executed by PRINCIPAL this 23rd day Execu?eed by SURETY this 23rd day of August .Is?=. of &Jcr11si- ,192.
a
PRt NCIPAL: SUREPI:
GledsonjCashman Construction Indemnitv Comuv nf Cnlifnrnia
(name of Prlnclpal) (name ol Surety)
8~: 4 /- 1425 w. Foothill Blvd. #120, Uplapd (sign here) (address of Surety)
L>Ly-Gv,p 6 c- Q d &L<sx:aJ 909-982-2388 -
(print nama here) (t8lephOfle number Of Surety)
j& c-5 / >fy4~ By: - ~-
(Titlo and Orgenizatfon o? Signatory) (signature of Attorney-ln-Fact)
6y: E. Uw
(sign here) (printed name of Attornuy-in-Fact)
(print name here) {Attsch corporate resolution showing current 0 power of attorney.)
(title and wganization of rrignatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President of vice-president and $ecredaq or asststant SWretaly must Sign for COtporaitbnS.7 if only one officer signs, the corporation must attach a resofutbn certified by the secretary or
assistant secretary under corporate seal empowedng that offlcer to bind the mf6Mratkn.f
APPROVED AS TO FORM:
RONALO R. BALL
CIty AlfQfrWy
By:
P epxf-p
8/1/96 a @
* CALIFQRNIA ALL-PURPOSE ACKNOWLEDGMENT
County of -%o d@/nci/d/,, L3
On
personally appeared R. &fPdCh &A6/ /I[ khhJ 6 54 mcq
h?~5+ 98, /99J before me,
DATE
NAME(S) OF SIGNER(S)
0 personally known to me - OR - pproved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) is/ar
subscribed to the within instrument and a(
knowledged to me that he/she/they execute
- the same in his/her/their authorize
capacity(ies), and that by his/her/the
signature(s) on the instrument the person(s
or the entity upon behalf of which th
person(s) acted, executed the instrumen
WITNESS my hand and official seal. &fi SIGNATURE Lid/- OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form
CAPACITY C LA1 M ED BY S 1 G N ER DESCRIPTION OF ATTACHED DOCUMENT
8tdJ&; &Ad To
PrP5;db 4- , VI&- $rnIJ&.&- TITLE OR TYPE OF DOCUMENT
l&co-4p,,7 kO'S9 1
z 0 ATTORNEY - I N-FACT
GUARDIAN/CONSERVATOR
NUMBER OF PAGES
8-2% 97-
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PEqSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 - Cancga Park. CA 91%
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
%&h&h &-J This urea for OfficzaI Notarial Sea)
, POWER OF ATTORNEY OF
I N D E M N ITY C 0 M PA NY 0 F CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY NC 2389
P.O. BOX 19725, IRVINE, CA 92713 (714) 263-3300
E: 1. All power ;and zuthority herein granted shalt in any event terminere en .ihe 31sl day of March, t996.
2. This Power of Attorney is void if altered or if zny portion is erased.
3. This Power of Attorney is void unless the SSE! is readable, Ihe 'io-". -A& IS in brown ink, ':he signaiures are in blue ink anti this notice is in red ink.
4.. This Power of Attorney should not be returned 'io the At?ornsy(sj-in-Rct, but shouid remain a pernznent part of the obligee's records.
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KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COL severally, but not jointly, hereby make, constitute and appoint
***DIRK T. DEGRAW, E. URENO, MICHAEL J. HENSEL, ELIZABETH LEM, JOINTLY OR SEVERALLY***
the true and lawful Attorney@)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings i
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorn6
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but res€
said corporations full power of substitution and revocation; and all of the acts of said Attorney@)-In-Fact, pursuant to these presents, are hereby ratified and confirn
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial in
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the cprporation be, and that each of them hereby is, authorized to execute Pov
qualifying the attorney@) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secret:
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and an
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed t
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
Q&O&;j, BY Q&O&J,
ATTEST qJ 5 n OCT. 1961 5 ATTEST 4 d >Ad %+~,FoR*\:\~
BY Walter Crowell Walter Crowell
Secretary
BY hbJk654
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
) ss.
On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. C
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and S
behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and ac
to me that the corporations executed it.
WITNESS my hand and official seal.
Signature
Notary Public
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of 1 Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
is Certificate is executed in the City of Irvine, California, this 23rd day of August ,1995.
DEVELOPERS INSURANCE COMPANY
A+POR"r n
IN @ MNlTY COMPANY OF CALIFORNIA
BY dq - f=J BY gfk?Js& L.C. Fiebiger ( 0 L.C. Fiebiger
Senior Vice President *%,FOkC\+.+~ Senior Vice President
ID-310 REV, 1/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
Countyof SAN BERNXUIINO
On AUGUST 24r 1995 before me, BARBARA K. QUELL r NOTARY PUBLIC 7 Date Name and Title of Officer (e g , “Jane Doe, Notary Public”)
personally appeared George R. Gledson
0 personally known to me - OR - m proved to me on the basis of satisfactory evidence to be the person&)
whose name@) is/= subscribed to the within instrument
and acknowledged to me that he-wmecuted the
same in his-uthorized capacity(ies), and that by
his- ‘ ignaturew on the instrument the person@),
or the entity upon behalf of which the person(@ acted,
executed the instrument.
WITNESS my hand and official seal.
I Name($ of Signer@)
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Auqust 24, 1995 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual cl Individual 0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Corporate Officer
Ti tie( s) :
0 Attorney-in-Fact
0 Guardian or Conservator Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association 8236 Remmet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800
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DESIGNAWON OF SUBCONTRACTORS
(To Accompany Proposal)
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The Contractor certifies he/she has used the sub-bids of the following listed Contractors in
making up his/her bid and that the sub-contractors listed will be used for the work for which they
bid, subject to the approval of the City Community Services Director, and in accordance with
applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code
- "Subletting and Subcontracting Fair Practices Act." No changes may be made In these
subcontractors except upon the prior approval of the City Community Services Director of the
City of Carlsbad. The following information is required for each sub-contractor. Additional
pages can be attached if required:
This project does- does not- have bid items designated as "Specialty Items."
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Items of Complete Address Phone No.
Work Full Company Name with Zip Code & Area Code
C. P 0- R0X 7156 (W PLAY EQUIP WALT RANKIN & ASSO
LA MESA, CA 91943
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AMOUNT OF SUBCONTRACTORS' BIDS
(To Accompany Proposal)
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The bidder is to provide the following information on the subbids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
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Type of State
Contracting Carlsbad Business Amount of Bid
Full Company Name License & No. License No.* I$ or %)
WALT RANKIN & ASSOC. MATERIAL "E 7r;B -- SUPPLIER
Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to
submission of signed Contracts.
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
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Bidder submits herewith a statement of financial responsibility.
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SEE ATTACHED STATEMENT
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pA y HE/ Jp ,' E,l-lS '?'{lcT F'AkhE -01/01; 1'39F, 23: 01 1-90'3-'348-2:83
GLEDSON CASKMAN CONSTRUCTION INC
BALANCE SHEEET July 31, 1995
0
LIABILITIES AND CAPITAL
CURRENT LIABILITIES:
NOTES PAYABLE 22,251.02
TOTAL CURRENT LIABILITIES 22,251.02
---------*c---
LONG TERM LIABILITIES:
I--_---------*
22,2! TOTAL LIABILITIES
CA PI TAL :
CAPITAL STOCK 49,000.00
NET INCOME-YEAR TO DATE 147,842.42
ADDITIONAL PD IN CAPITAL 12,941.52
-----------*--
TOTAL STOCKHOLDERS EQUITY 209,7t
---c-----. 0 TOTAL LIABILITIES AND STOCKHOLDERS EQUITY 232,03
=r========
0
RAY X. HENRY BUSINESS SERVICES
PREPARED WITHOUT AUDIT
01/01/1995 23: 01 1-909-948-2283 PA',' HE1 IF'*,' BIJ~, '5: :l:S FAG€
GLEDSON CASHMAN COYSTRUCTTON INC
INCOME STATEMENT
JULY 31, 1995
FOR THE PERIOD ENDING
a
CURR PERIOD PERCENT YEAR TO DATE P
07/01 to 07/31 03/01 to 07/31
REVENUE :
REVENUE 266,720.32 100.00 825,579.64
TOTAL REVENUE 266,720.32 100.00 825,579.64
---_c_------* ------ -------_-----
COST OF SALES:
DIRECT LABOR 31,383.50 11.77 101,447.00 MATERIALS 60,523.13 22.69 198,214.96 PERMITS 4,620.66 1.73 27,165.89 SUPPLIES 0.00 0.00 1,154.12
SUBCONTRACTORS 28,781.74 10.79 253,000.90 FREIGHT 0.00 0.00 12.50
0.10 260.00 OTHER COSTS 260.00
TOTAL COST OF SALES 125,569.03 47.08 581,255.37
GROSS INCOME 141,151.23 52.92 244,324.27
----*-------- ----I- --------*---- I
----c_------- ---e-- -------*----- .
0 EXPENSES:
PAYROLL TAXES 3,325.81 1.25 14,244.89
AUTO EXPENSE 5,638.07 2.11 21,412.51 TRAVEL 646.86 0.24 3,448.12
TRAVEL & ENTERTAINMENT-MEALS 156.29 0.06 2,986.57 INTEREST 61 BANK CHARGES -504.35 -0.19 379.70 INSURANCE/BONDS 4,556.45 1.71 19,858.07 TAXES & LICENSES 150.00 0.06 758.00 MAINTENANCE & REPAIRS 400.00 0.15 445.00
RENT 2,000.00 0.75 3,000.00 TELEPHONE 3,613.58 1.35 12,320.31 UTILITIES 0.00 0.00 37.25
1 f 337.77 0.50 4 f 031.82 OFFICE EXPENSE
ADVERTISING & PROMOTION 0.00 0.00 1,792.33 PROFESSlONAL SERVICES 370.72 0.14 5,821.19
DONATIONS 500.00 0.19 500.00 OTHER EXPENSES 609.12 0.23 609.12
TOTAL EXPENSES 24,821.07 9.31 96,481.85
NET INCOME 116,330.22 43.62 147,842.42 ,
EQUIPMENT RENTAL 1,968.89 0.74 4,795.11
GENERAL SUPPLIES & SERVICES 51.86 0.02 51.86
------------c -----* ----*------*- -
------c------ ------ -----*------- -
------------- -...---- ----------I-- -. --------_---- __---- ___---------- -. m
RAY K, HENRY BUSINESS SERVICES
PREPAEUD WITHOUT AUDIT
I* * m/n1j1975 23: 01 1 - 913'3 - 9 j 8 - ?:E: 3 E&',' HE1 IF'b>; BI-I'? SVrZS PPIliE
GLEDSON CASHMAN CONSTRUCTION INC
BALANCE SHEEET July 31, 1995
0
CURRENT ASSETS :
GENERAL ACCOUNT 86,695.20
PAYROLL ACCOUNT 8,971.43 NOTES RECEIVABLE 88,661.11
TOTAL CURRENT ASSETS 184,
-------_------
FIXED ASSETS:
VEHICLES 46,595.00 TOOLS b EQUIPMENT 14,095.84 OFFICE EQUIPMENT 9,183.38 LESS DEPRECIATION -22,167.00
NET VALUE 47,707.22
--------------
TOTAL FIXED ASSETS 47,
------e-
TOTAL ASSETS 232,
55==9=3ez 0
0
RAY K. HENRY 3USINESS SERVICES
PREPAFtED WITHOUT AUDIT
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
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The Bidder is required to state what work of a similar character to that included in the propose
Cont rad he/she has successfutly performed and give references, with telephone numbers, whic
will enable the City to judge hislher responsibility, experience and skill. An attachment can t
used.
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 71 06
State of California 1
County of 1
) ss.
z P i GEORGE R. GLEDSON , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is
of GLEDSON/CASHMAN CONSTRUCTION, INC.
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
any undisclosed person, partnership, company, association, organization, or corporation: I
the bid is genuine and not collusive or sham: that the bidder has not directly or indire
induced or solicited any other bidder to put in a false or sham bid, and has not directly
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put i
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manr
directly or indirectly, sought by agreement, communication, or conference with anyone to fix 1
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of i
bid price, or of that of any other bidder, or to secure any advantage against the public bc
awarding the contract of anyone interested in the proposed contract; that all statemer
contained in the bid are true; and, further, that the bidder has not, directly or indirec
submitted his or her bid price or any breakdown thereof, or the contents thereof, or diwlg
information or data relative thereto, or paid, and will not pay, any fee to any corporatic
partnership, company association, organization, bid depository, or to any member or agt
thereof to effectuate a collusive or sham bid.
I declare under penatty of perjury that the foregoing is true and correct and that this affidavit w
PRES1DENT
(Title)
(Name of Firm)
executed on the '2 y 71- day of 4~ C-I ad 57 1- 19 BY.
d/L)c+--c
ill_ _-
Signature of Bidder
Subscribed and sworn to before me on the 3fid day of bai as '$19 - q,d I
i "&uAac 4.( Q$Lk-A?,
(NOTARY SEAL)
Signature of Notary I /
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CONTRACT- PUBLIC WORKS
0 This agreement is made this /@ day of '- 199/, by and
between the City of Carlsbad, California, a municipal dorporation, (hereinafter called "City"), and GLEDSON/CASHMAN CONSTRUCTION whose principal place of business is 9155 ARCHIBALD AVE., STE 302, RANCHO CUCAMONGA, CA 91730
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: the installation and/or modification of playground equipment to bring four Carlsbad
park sites to compliance with Americans with Disabilities Act and to install resilient surfacing
to meet the accessibility requirements of ADA laws.
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's
Statements of Financial Responsibility and Technical Abilrty, Non-collusion Affidavit, Escrow
Agreement, Release Form, the Plans and Specifications, the Special Provisions, and ail
proper amendments and changes made thereto in accordance with this Contract or the
Plans and Specifications, and all bonds for the project; all of which are incorporated herein
by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work
as indicated, specified, and implied by the Contract Documents. Any items of work not
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor's expense to fulfill the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent of the Contract
Documents, and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materials suppliers of this condition of the
Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per Section 9-3 of the Standard Specifications
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafter
designated 'SSPWC', as issued by the Southern California Chapter of the American Public
Works Association, and as amended by the Special Provisions section of this contract.
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The closure date for each monthly invoice will be the 30th of each month. Invoices frc
the Contractor shall be submitted according to the required City format to the Cit!
assigned project manager no later than the 5th day of each month. Payments will
delayed if invoices are received after the 5th of each month. The final retention amoi
shall not be released until the expiration of thirty-five (35) days following the recording
the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to be set foi
in the terms of the contract. Below is such a summary. However, contractor should re
to Public Contract Code section 20104.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputed a
properly submitted payment request from a contractor on a construction contract.
payment is not made within 30 days after receipt of an undisputed and properly submitt
payment request, then the city shall pay interest to the contractor equivalent to the le!
rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after recei
determine whether the payment request is a proper payment request. If the city determin
that the payment request is not proper, then the request shall be returned to the contrad
as soon as practicable but not later than seven (7) days after receipt. The returned requc
shall be accompanied by a document setting forth in writing the reasons why the paymc
request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then t
number of days available to the city to make payment without incurring interest shall
reduced by the number of days by which the city exceeds the seven (7) day retu
requirement.
"Progress payment" includes all payments due contractors except that portion of the fir
payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this contract (hereinafl
"Release Form") shall be submitted prior to approval of each progress payment. TI
contractor shall list all disputed claims or potentially disputed claims which arise during tl
pay period. The purpose of the Release Form is to bring timely attention to areas of dispu
or potential dispute between the contractor and the City for the pay period. Failure of tl
contractor to submit a completed and executed Release Form shall constitute tl
contractor's acknowledgement that no disputes of any type have arisen that pay period
remain from previous pay periods and the contractor waives all future rights in makir
claims for disputes arising in those pay periods. All previous and new disputed claims
potentially disputed claims shall be listed on the Release Form until such time as tt
disputed claims are resolved. The contractor shall not modrfy the Release Form in any wa
Independent Investiqation. Contractor has made an independent investigation of tt
jobsite, the soil conditions at the jobsite, and all other conditions that might affect ti progress of the work, and is aware of those conditions. The Contract price includc
payment for all work that may be done by Contractor, whether anticipated or not, in ord
to overcome underground conditions. Any information that may have been furnished
Contractor by City about underground conditions or other job conditions is for Contractor
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convenience only, and City does not warrant that the conditions are as thus indicatec
Contractor is satisfied with all job conditions, including underground conditions and has nc
relied on information furnished by City.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for E loss or damage arising out of the nature of the work or from the action of the elements (
from any unforeseen difficulties which may arise or be encountered in the prosecution t
the work until its acceptance by the City. Contractor shall also be responsible for expense
incurred in the suspension or discontinuance of the work. However, Contractor shall nc
be responsible for reasonable delays in the completion of the work caused by acts of Go(
stormy weather, extra work, or matters which the specifications expressly stipulate will b
borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenche
or other excavations that extend deeper than four feet below the surface Contractor sha
promptly, and before the following conditions are disturbed, nottfy City, in writing, of an),
A. Material that Contractor believes may be material that is hazardous waste, as define1
in Section 251 17 of the Health and Safety Code, that is required to be removed to
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing laN
B. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, different materially fror
those ordinarily encountered and generally recognized as inherent in work of thl
character provided for in the contract.
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City shall promptly investigate the conditions, and if it finds that the conditions do materiall,
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor':
costs of, or the time required for, performance of any part of the work shall issue a change
order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the condition5
materially differ, or involve hazardous waste, or cause a decrease or increase in thc
contractor's cost of, or time required for, performance of any part of the work, contractoi
shall not be excused from any scheduled completion date provided for by the contract, buf
shall proceed with all work to be performed under the contract. Contractor shall retain an),
and all rights provided either by contract or by law which pertain to the resolution o
disputes and protests between the contracting parties.
Chanqe Orders. City may, without affecting the validity of the Contract, order changes
modifications and extra work by issuance of written change orders. Contractor shall make
no change in the work without the issuance of a written change order, and Contractor shall
not be entitled to compensation for any extra work performed unless the City has issued
a written change order designating in advance the amount of additional compensation to
be paid for the work. If a change order deletes any work, the Contract price shalt be
reduced by a fair and reasonable amount. If the parties are unable to agree on the amount
of reduction, the work shall nevertheless proceed and the amount shall be determined by
litigation. The only person authorized to order changes or extra work is the Project
8.
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Manager. The written change order must be executed by the City Manager or the City
Council pursuant to Carlsbad Municipal Code Section 3.28.172.
Immisration Reform and Control Act. Contractor certifies he is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has
complied and will comply with these requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors, and consultants that
are included in this Contract.
10. Prevailins Waqe. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 1773 and a copy of a schedule of said
general prevailing wage rates is on file in the office of the Community Services Director, and
is incorporated by reference herein. Pursuant to California Labor Code, Section 1775,
Contractor shall pay prevailing wages. Contractor shall post copies of all applicable
prevailing wages on the job site.
11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly
arising from or in connection with the performance of the Contractor or work; or from any
failure or alleged failure of Contractor to comply with any applicable law, rules or
regulations including those relating to safety and heatth; except for loss or damage which
was caused solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resutting directly or
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the City. The expenses of defense include
all costs and expenses including attorneys fees for litigation, arbitration, or other dispute
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'0 resolution method.
Contractor shall also defend and indemnify'the City against any challenges to the award
of the contract to Contractor, and Contractor will pay all costs, including defense costs for
the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. Said insurance shall meet the City's policy
for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages and I minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and property
damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers
or employees are additional insured. I
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2. Automobile Liabilitv Insurance:
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$1,000,000 combined single limit per accident for bodily injury and property
damage. In addition, the auto policy must cover anv vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or
hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
3. Workers' Compensation and Employers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of the State of
California and Employers' Liability limits of $1,000,000 per incident. Workers'
compensation offered by the State Compensation Insurance Fund is acceptable to
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurance
required under this agreement contain, or are endorsed to contain, the following
provisions. General Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respects: liability arising out of activities performed by or on behatf of
the Contractor; products and completed operations of the contractor; premises
owned, leased, hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance as respects the
City, its officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be in excess of
the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
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(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made" basis,
coverage shall be maintained for a period of three years following the date of
completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided,
canceled, or reduced in coverage or limits except after thirty (30) days' prior written
notice has been given to the City by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductibles
or self-insured retention levels must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retention levels as respects the City, its officials and employees; or the
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contractor shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION -All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire
against the City or any of its officials or employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. Coverages for subcontractors shall be subject to all of the requirements
stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have a
rating in Best’s Key Rating Guide of at least A-:V, and are authorized to transact the
business of insurance by the Insurance Commissioner under the standards specified
in by the City Council in Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificates o
insurance and original endorsements affecting coverage required by this clause. Thc
certificates and endorsements for each insurance policy are to be signed by a persor
authorized by that insurer to bind coverage on its behatf. The certificates anc
endorsements are to be in forms approved by the City and are to be received anc
approved by the City before work commences.
(J) COST OF INSURANCE -The Cost of all insurance required under this agreement sha be included in the Contractor’s bid.
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13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved ii
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1
Article 1.5 (commencing with section 20104) which are incorporated by reference. A cop!
of Article 1.5 is included in the Special Provisions I section. The contractor shall initialb
submit all claims over $375,000 to the City using the informal dispute resolution procesl
described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding th
provisions of this section of the contract, all claims shall comply with the Government To1
Claim Act (section 900 et seq., of the California Government Code) for any claim or caus
of action for money or damages prior to filing any lawsuit for breach of this agreement.
14. Maintenance of Records. Contractor shall maintain and make available at no cost to th
City, upon request, records in accordance with Sections 1776 and 181 2 of Part 7, Chaptc
1, Article 2, of the Labor Code. If the Contractor does not maintain the records E
Contractor’s principal place of business as specified above, Contractor shall so inform tf.
City by certified letter accompanying the return of this Contract. Contractor shall not@ tf.
City by certified mail of any change of address of such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectio
1720 of the Labor Code are incorporated herein by reference.
16. Securitv. Securities in the form of cash, cashier’s check, or certified check may k
substituted for any monies withheld by the City to secure performance of this contract ff
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any obligation established by this contract. Any other security that is mutually agreed to
by the Contractor and the City may be substituted for monies withheld to ensure 1 performance under this Contract.
17. Provisions Required bv Law Deemed Inserted. Each and every provision of law and claug&
required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted,
or is not correctly inserted, then upon application of either party, the Contract shall forthwith
be physically amended to make such insertion or correction.
1.
18. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
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GLEDSON/CASHMAN CONSTRUCTION
(CORPORATE SEAL) Contractor
GEORGE R. GLEDSON
Print Name of Signatory
F-C
Signature of Signatory
APPROVED TO AS TO FORM:
Print Name of Signatory
Signature of Signatory
' RONALD R. BALL 8 City Attorney
I By:
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ATTEST:
DQ p-y
5/1/95 4. 43
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
County of SAN B~ARDINO
On AUGUST 241 1995 before me, BARBARA K- QUELL / NOTARY PUBLIC J
Date Name and Title of Officer (e g , ‘Vane Doe, Notary Public”)
, Name(s) of Signer($ personally appeared GmRGE R* GLEDSoN
0 personally known to me - OR -XI proved to me on the basis of satisfactory evidence to be the person@
whose name@) isWsubscribed to the within instrument
and acknowledged to me that h- executed the
same in hismuthorized capacity(ies), and that by
his/l%%#%% signature(@ on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: August 24, 1995 Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Contract
Individual 0 Individual
0 Corporate Officer
Partner - 0 Limited 0 General 0 Partner - 0 Limited General
Corporate Officer
Title (s) :
0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder Call Toll-Free 14 0 1994 National Notary Association * 8236 Rernmet Ave , PO BOX 7184 * Canoga Park, CA 91309-7184 Prod No 5907
ISU PACIFIC GENERAL INS SERVICES
942 W. FOOTHILL BLVD.
GATORS INS CO (A VII)
GLEDSON/CASHMAN CONSTRUCTION
9155 Archibald Ave., #302
Rcho Cucamonga CA 91730
ER'S & CONTRACTOR'S PROT.
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
UMBRELLA FORM
EHPLOYERS' LIABILITY
Addrl Insured endrt to inc lsbad, its officials,
EXPIRATION DATE THEREOF, THE lSSUlNG COMPANY WILL ENDEAW
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NA
CITY OF CARLSBAD
PURCHASING DEPARTMENT
1200 CARLSBAD VILLAGE DRIVE
0 INSURED: GLEDSON/CASHMAN CONSTRUCTION - POLICY NUMBER : 95A0570 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITP COVERAGE PART
SCHEDULE
Name of Person or Organization: THE CITY OF CULSBAD, ITS OFFICIALS, mLoYEEs AND VOLUNTEERS
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
a: CONTRACT NO. CSD 020
(If no entry appears above, information required to complete this endorsment will be shown in the Declarations as applicable to this
endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured
person or organization shown in the Schedule but only with respect liability arising out of "your work" for that insured by or for you
0
0
CG 20 10 11 85 Copyright, I.S.O. 1984
THIS ENDORSEMENT PAGE CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED 0
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless anc is indicated below.
Named Person(s) or Organization(s): The City of Carlsbad, Its Officials,
Employees and Volunteers
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989 0
(If no entry appears above, information required to complete this endorsement will be shov Declarations as applicable to this endorsement 1
Each person or organization named above is an "insured" for LIABILITY COVERAGE, but on extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED of SECTION II - LIABILITY COVERAGE.
Edition Feb
/
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0
BOND NO. 192956P
PREMIUM: Included in
Performance Bond 2:
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
NO. 95-285 , adopted OCTOBER 3, 1995 , has awarded to
CLEDSON/CASHMAN CONSTRUCTION - / (hereinafter designated as the "Principal"), a Contract for: playground equipment installations and A.D.A. approved resilient surfacing 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 ar;d all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall
fail to pay for any materials, provisions, provender or other supplies or teams used in, upon 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.
m
NOW, THEREFORE, WE, CLEDSON/CASHMAN CONSTRUCTION , as Principal, (hereinafterdesignated as the "Contractor"), and INDEMNITY COMPANY OF CALIFORNIA
as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIXTY N I NE
THOUSAND NINE HUNDRED SIXTY E 50/100----------------------------Dollars
($ 69,960.50 ), said sum being fifty percent (50%) 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 hidher subcontractors
fail to pay for any materials, provisions, provender, 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, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the unemployment Insurance Code with respect
to such work and labor that the Surety will pay for the same, not to exceed the sum specified
in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses
and fees, including reasonable attorney's fees, to be fixed by the court, as required by the
provisions of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled
to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section
3082).
Surety 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.
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In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond,
Executed by CONTRACTOR this ly 7c. Executed by SURETY this 19th day
0
dayof ocma~ ,1927 of October ,1995 .
CONTRACTOR: SURETY:
c7Leaa/C4SmQ C*SC IS=. INDEMNITY COMPANY OF CALIFORNIA
(name of Contractor) (name of Surety)
1425 W. Foothill Blvd., Suite #l20
Upland, California 91786
(address of Surety)
By: e
(sign here)
&'LmCgtr a. & CL-Cd 909)982-2388
(print name here)
3/LiZ513Cw1' - l?CL?c-d Lemad By:
(title and organization of signatory)
(telephone number of Surety)
('-I 7 c f~,~/--+-->,~
(signature of Attorney-in-Fact)
E. URENO
(printed name of Attorney-in-Fact) BY:B (sign here)
/Y/cl4aL% w LAS+VAd
(print name here) (attach corporate resolution showing current
power of attorney)
4)
V/kF - -?LLG~l Di9-7- - (57 LrnS oda5-d
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
f!
By:
A.&&mkCity Attorn
Del3 &+)c m 51 1 I95
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On od-QbP/ lgi 19'(before me, v nnq R. G/dp/o: p674+/7 k%/,c
NA~E TITLE OF OFFICER E G "JANE DOE NOTARY PUBLIC DATE
&d&4 4Ad ,fl,&h,t( h S44
NAME@) OF SIGNER(S)
personally appeared
personally known to me - OR - mroved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) is/ar
subscribed to the within instrument and ac
knowledged to me that he/she/they execute - the same in his/her/their authorize
capacity(ies), and that by his/her/thei
signaturets) on the instrument the person(s:
or the entity upon behalf of which thl
person(s) acted, executed the instrumenl
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
LciJ9/ &J ~&wrc.Ir R3nd
TITLE OR TYPE OF DOCUMENT TITLE(S)
pqsc 93 dzy 0 ATTORNEY -IN-FACT
[? GUARDIAN/CONSERVATOR
NUMBER OF PAGES
DATE Ok DOCUMENT
A. SIGNER IS REPRESENTING: NAME OF PERSOU(S) OR ENTIPI(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION * 8236 Renmet Ave , P 0 Box 7184 - Cancga Park CA 913
STATE OF California
COUNTY OF San Bernardino
October 19, 1995 , before me, MICHAEL J. HENSEL
E. URENO PERSONALLY APPEARED
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s1 on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
cJ 2 U
This area for Offzcial Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prever
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 CORPORATE OFFICER Labor and Materials Bond
TITLE OR TYPE OF DOCUMENT TITLE@)
Two (2)
NUMBER OF PAGES
October 19, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
None NAME OF PERSON(S) OR EhTITY(IES)
INDEMNITY COMPANY OF CALIFORNIA SIGNER(S) OTHER THAN NAMED ABOVE
ID461 Re\ 6/94 ALL-PURPOSE ACKNOWLECGEMENT
WER OF ATTORNEY OF
1 N DE M N I TY C 0 M PAN Y 0 F CALI FOR N I A
AND DEVELOPERS INSURANCE COMPANY N! 2393
P.O. BOX 19725, IRVINE, CA 92713 (714) 263-3300
'ICE: 1. AI! power and authority herein granted shali in any event termina:e on :he 3:st day ci' March, 1896.
2. This Power of Attorney is void if altered cr ii any por2ion is eresed.
3. This Power of Attorney is void uriless the seal is readabie; the tea is iF: brown ink, the signatures are in blue ink and this notic3 is in red ink.
4. This Power of ARomey shculd not be relurned to the Ano:ney(s)-in-Rci, jut should remzin c permanent 2ari oi' the cb!igee's records.
m
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COi
severally, but not jointly, hereby make, constitute and appoint
***DIRK T. DEGRAW, E. URENO, MICHAEL J. HENSEL, ELIZABETH LEM, JOINTLY OR SEVERALLY***
the true and lawful Attorney@)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorr
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but re:
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confil
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial I
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Director!
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the cprporation be, and that each of them hereby is, authorized to execute PC
qualifying the attorney@) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship: and that the Secre tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and a Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bonc
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signec
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY QI o&~~ BY QI o!\il
BY h&&
*0;Qw, o
+, q( t,,Q.*.'\+a
ATTEST (J) 5 n 1967 ATTEST 1
Walter Crowell Walter Crowell
Secretary
BY hb,Jb&d
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
) ss.
On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President an(
behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and i
to me that the corporations executed it.
WITNESS my hand and official seal.
COMM. #lo231 69
NOTARY PUBLIC - CALIFORNIA Signature ORANGE COUNTY
Notary Public
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPAI
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
ehis Certificate is executed in the City of Irvine, California, this 19th day of October ,1995.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
< 1 BY dq 2-5& f=J BY dpx&
L.C. Fiebiger
Senior Vice President 0 P L.C. Fiebiger
Senior Vice President */'(tFO?.* 4\
ID-310 REV. 1/95
BOND NO. 192956P
PREMIUM: $3,498.00 25
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
NO. 95-285 , adopted OCTOBER 3, 1995 , has awarded to
CLEDSON /CASHMAN CONSTRUCTION , (hereinafter
designated as the "Principal"), a Contract for:
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications,
and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad,
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, CLEDSON /CASHMAN CONSTRUCTION , asPrincipal,
(hereinafterdesignatedasthe"Contractof'),and INDEMNITY COMPANY OF CALIFORNIA
, as Surety, are held and firmly bound unto the City of Carlsbad,
a
in the sum Of ONE HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED TWENTY-ONE & 00/100 ________________________________________-------- +ollars
($ 139,921.00 ), said sum being equal to one hundred percent (100%) of the estimated
amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; 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 above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract
and any alteration thereof made as therein provided on their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnrfy and save harmless the Crty of Carlsbad, its officers,
employees and agents, as therein stipulated, then this obligation shall become null and void;
otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety 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.
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In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this / 8 Executed by SURETY this 19th day
CONTRACTOR: SURETY:
dayof ocpa~rl ,19ss'. of October ,1995.
0
&L=o&J cA5Im.Dh) CaUS'j- INDEMNITY COMPANY OF CALIFORNIA
(name of Contra'ctor) (name of Surety)
1425 W. Foothill Blvd., Suite /I120
Upland, CA 91786
(address of Surety)
BY *- *
(sign here)
c?~a-!?vG 12- &LmQd 909)982-2388
(print name here) (telephone number of Surety)
n
/382~%(- - &LmA/QaaE.Md. By: L % L,nbuu*"a
(Title and Organization of Signato'ry) (signature of Atto rney-i n-Fact)
E. URENO
(printed name of Attorney-in-Fact)
By: -
(sign here)
(Attach corporate resolution showing current
power of attorney.)
/7~WQL% h. C45cjs7 ad
(print name here)
(Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
0
w/ccr-p21;3 , L(7L'm3d/CIOS/m4* mr.
By:
bf".tY
m 5/1/95
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of Son @e/nMid 0
Gh~Jon sod kfldTkd/ GsA*~*
NAME(S) OF SiGNER(S)
personally appeared
0 personally known to me - OR - mroved to me on the basis of satisfactory evidencc
to be the person(s) whose name(s) is/arc
subscribed to the within instrument and ac
knowledged to me that he/she/they executei
the same in his/her/their authorizei
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s)
or the entity upon behalf of which thc
person(s) acted, executed the instrument
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
644J laP/&G.7ce/ lj,, QCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT &,
p4g5 25-4 Lf
c] AT0 RN EY - I N-FACT
0 GUARDIAN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
4k SIGNER IS REPRESENTING:
NAME OF PEQSON(S) OR ENTIT((IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernrnet Ave P 0 Box 7184 Canoga Park CA 91:
STATE OF California
COUNTY OF San Bernardino
October 19, 1995 , before me, MICHAEL J. HENSEL
PERSONALLY APPEARED E. URENO
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacityties), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could preven
fraudulent reattachment of this form.
CAPACITY CLAl M E D BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
CORPORATE OFFICER Faithful Performance Bond - TITLE OR TYPE OF DOCUMENT TITLE(S)
Two (2)
NUMBER OF PAGES
October 19, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) None
SIGNER(S) OTHER THAN NAMED ABOVE INDEMNITY COMPANY OF CALIFORNIA
ALL-PURPOSE ACKNOWLEDGEMENT ID-OBI Rc\ 6/94
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City of Carlsbad
Purchasing Department
Representation and Certification
The following representation and certification are to be completed, signed and returned with proposal.
REPRESENTATIONS: Mark all applicable blanks. This I am currently certified by:
offeror represents as part of this offer that the ownership,
operation and control of the business, in accordance with the
specific definitions listed below is:
(Check appropriate Ethnic Ownership Type)
f
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATI
Mark all applicable blanks. This offeror represents
of this offer that:
I This firm is , is not X
minority business.
X This firm is , is not
I woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned bu
a business of which at least 51 percent is owned, c
and operated by a woman or women. Controlled is d
exercising the power to make policy decisions. Opc
defined as actually involved in the day-to-day mana!
1 l
R@ ' DEFINITIONS:
INORITY BUSINESS ENTERPRISE: "Minority Business" is
efined as a business, at least 51 percent of which is owned,
operated and controlled by minority group members, or in the
case of publicly owned businesses, at least 51 percent of
which is owned, operated and controlled by minority group
members. The Small Business Administration defines the
socially and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le. American
Indian, Eskimos, Aleuts and Native Hawaiians), and Asian- i Pacific Americans (Le., US. Citizens whose origins are from
Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam,
the U S. Trust Territories of the Pacific, Northern Marianas.
Laos, Cambodia and Taiwan).
C ERTI FI C ATI 0 N :
The information furnished is certified to be factual and correct as of the date submitted.
;
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1 GLEDSON/CASHMAN CONSTRUCTION, INC. GEORGE R. GTBRDSON COMPANY NAME NAME h 9155 ARCHIBALD AVE., STE. 302 PRESIDENT
ADDRESS nm
RANCHO CUCAMONGA, CA 91 730 __ -- - -- @ CITY, STATE AND 2JP &NATURE
I (909) 944-6446 AUGUST 24, 1995 b TELEPHONE NUMBER DATE
511 195 II' @
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OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
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8 follows:
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This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address
is hereinafter
called "Contractor" and whose
address is hereinafter
f
I called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract
entered into between the City and Contractor for
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notlfy
the City within 10 days of the deposit. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as
retention under the terms of the contract between the Ctty and Contractor. Securities shall
be held in the name of the , and shall designate the
Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created
underthis contract is terminated. The contractor may direct the investment of the payments
into securities. All terms and 'conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the City pays t the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the Ctty. These
expenses and payment terms shall be determined by the City, Contractor and Escrow
Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
5/1/95 I. @
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subject to withdrawal by Contractor at any time and from time to time without notice to the
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of defautt by the
Contractor. Upon seven days' written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
8. Upon receipt of written notification from the Ctty certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securities on deposit and
payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agent's release, conversion and
disbursement of the securities and interest as set forth above.
I city.
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10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
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For City: Title
Name
Signature
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1 Address
For Contractor: Title
Name 8 Signature
Address
For Escrow Agent: Title
Name
Signature I. Address
5/1/95 I. a9
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow 1 Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City: Title
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Name
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Address
For Contractor: Title I Name
Signature
Address
For Escrow Agent: Title
Name I. Signature
Address
5/1/95 8. @
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RELEASE FORM
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THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS
PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED WORWCLAIMS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CLAIMED I /OR ESTIMATE)
Contractor further expressly waives and releases any claim Contractor may have, of whatever
type or nature, for the period specified which is not shown as disputed work/claim on this form.
This release and waiver has been made voluntarily by Contractor without any fraud, duress or
undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public I Works Contract.
1. Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period will be paid according to Public Contract Code
Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
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DESCRIBE ENTITY (Partnership, Corporation, etc.) 1 By:
Title:
By: 1 Title:
5/1/95 I* @
US. Department d Housing
and Urban Davdopmenl I Federal kbor Standards Provisions
1 APQkabimY
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e The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions, including the view
interested parties and the recommendation of HUD or its designc
Admintstrator for determination. ne Administrator, or an authori3
sentative. will issue a determination within 30 days of receipt am
HUD or its designee or will notity HUD or i6 designee wtthin the
period that additional time is necessary. (Approved by the Otrtce
agement and hdget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefia where approy,
determined pursuant to subparagraphs (1m) or (c) of this paragr: be paid to all workers performing work in the classification unde!
tract from me first day on which work is performed in the classit% (?io Whenever me minimum wage rate prescribed in the con
class of laborers or mechanics includes a fringe benefit which is
expressed =.an hourly rate, the contractor shall either pay the b
stated in the wage determination or shall pay another bona fide f
benefit or an hourly cash equivalent thereof.
(h) If the contractof does not make payments to a trustee or
person, the contractor may consider as part of the wage of any
mechanic the amwnt of any cas& reasonably anticipated in pro>
bona fide fringe benefits under a plan or program. Provided, Tha
Secretary of Labor has found, upon the written request of the co(
that the applicable standards of the Davis-Bacon Act have been
Secretary of Labor may require the contractor to set aside in a s(
account assets for the meeting of obligations under the plan or p
(Approved by the Office of Management and Budget under OMS
Number 121 5-014.)
2. WMhdding. HUD or its designee shall upon its own action
written request of an authorired representative of the Departmen.
withhold or cause to be wtthheld from the contractor under this c
any other Federal contract with the same prime contractor, or an
Federally-assisted contract subject to Davis-Bacon prevarling wi
requirements. which is held by the same prime contractor so mu1
accrued payments or advances as may be considered n-
laborers and mechanics. including apprentices. train- and hell
employed by the contractor or any subcontractor the full amount
required by the contract In the event of failure to pay any labore
mechanic, including any apprentice. lrainee or helper, employed
on the site of the woh (or under the United states Housing Act a
under the Housing Act of 1949 in the construction or developme.
project). all or part of the wages required by the contra& HUD or
nee may, after written notice to the contractor, sponsor, applicant
take such action as may be necassary to cause the suspensim c
furlher payment advance, or guarantee of funds until such vidati
ceased. HUD or its designee may, after written notice to the contl
burse such amounts withhekj for and on account of the contract(
contractor to the respectwe employees to whom they are due. Tt
troller General shall make such disbursements in the case of din
3. (I) Payrdh and bask Idcorda Payrolls and basic records rc
thereto shall be maintained by the contractor during the course c
preserved for a period of three years thereafter for all laborers ar
mechanics working at the site of the work (or under the United S
Housing Act of 1937, or under the Housing Act of 1949. in the cc
or development of the prqect). Such records shall Cmtain the ni
address, and social security number of each such woher. his o(
rect classification. hourly rates of wages paid (mcluding rates ol(
tions or costs anticipated for bona fide fringe benefits or Cash Wl
thereof of the types described in section 1@)(2)(B) of the &vis-b
daily and weekly number of hours worked. deductions made anc
wages paid. whenevet the Seuetary of Labor has found under 2
(a)(l)(iv) that the wages of any laborer or mechanic include the ai
any cos@ reasonably anticipated in providing benefits under a PI
gram described in Section 1@)(2KB) of the Daws-Bacon Act the
shall maintain records which show that tJw commitment to prh
HUD4 IF
contract petctains is being assisted by the United states Of America and the
following Federal Labor Standards PrOViSblS are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of la49 in me construction 01 development
of the proiea), will be paid unconditionally and not less often than once a
week and without subsequent deduction or rebate on any aCCOunt (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3). the full amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary Of Labor which is attached hereto and
made a part hereof. regardless of any COntractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section l(bW2) of ih Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions Of 29 CFRS.5Wl)(iV): also, regular
contributions made or costs incurred for me than a weekly period (but
not less oftem than quarterly) under plans funds or programs. which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period
Such laboren and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed. without regard to ski, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics perfom*ng work in more than one
classification may be compensated at the rate specified for each classifica- tion for tr\e time actually worked therein: Rouided. That the empby&s pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage deteumhation (including any additional
classificathn and wage rates conformed uder 29 CFR Part S.YaXlWii) and
the Davis-Bacon poster (WH-1321) Shall be posted at all hes by the Con-
tractor and its subcontractors at the site d*le work in a prominent and
accessiblq place where it can be easily seem by the workers
(a) (a) Any class of laborers or'rnechanics which is not listed in he
wage determination and which is to be employed under the contract shall
be ciassitied in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benetits
therefore only when the following criteria have been met
performed by a classification in the wage debrmination; and
industry, and
fits, bears a reasonable relationship to the wage rates contained in the
wage determination. Davis-Bacon Act contracts.
in the clasSmcation (ii known), or their rep~esentatives. and HUD or its
designee agree on the classification and uege rate (including the amount
designated for fringe benew where appropriate). a report of the action
taken shall be sent by HUD or ib designee lp the Administrator of the Wage
and Hour Division, Employment Standards Administration. U.S Oepartment
of Labor, Washington, D.C. 20210. The Adninistrator, or an aulhorized .
representative, will approve. modify, or disqpprove every additional classifi-
ation action within 30 days d receipt and OQ advise HUD or Rs design-
(X will now HUD or its designee within Um =-day period that additional time is necessary. (Approved by the Oftica d Manavent and wet
under OM6 control number 121 5-0140.)
(e) kr the event the contractor, the laboren or mechanics to be
employed in the classification or Iheir representatiWS, and HUD or its
designee do not agree on the proposed chs&iCation and wage rate
(indoding the amount designated for fnnQb ban& where awopriate).
Previous Edition is Obsolete
'
(1) The work to be performed by Ihsclassification requested is not
(2) The classification is utilized in m area by the construction
(3) The proposed wage rate. includng any bona fide fnnge bene-
@) If the contractor and the laborers ad mechanics t0.M employed
1.
benefits is enforceable. that the plan or propm is financially responsrblq and that the pian 01 program has been communicated in writing to me
laborers or mechanes affected. and records which show the cosh antici- paw or @w actual cost incurred in providing such benefits. Contractors
employing apprentices or train- under approved programs shall maintain
written evld.ence of the registration of apprsnticeship programs and certifi-
ca(ion of trainee programs. the registratim of the apprentices and trainees.
and the ratios and wage rates prescribed in the applicable programs
(Approved by the Omce of Management and Budgel under OM6 Coned
Numbers 1215-0140 and 1215-0017.)
(if) (a) The contractor shall submit weekly for each week in which any
contract work is PertOm?ed a copy of all payrolls to HUD or its designee if
the agency is a parry to the contract but if the agency is not such a party.
*e contractor will submit me payrolls to the applicant sponsor. or owner.
as the case may be. for tranm!ission to HUD or ib designee. The payrolls
submitted shall set out accurately and completely all of Ute information
required to be maintained under 29 CFR Part 5.5(aH3)0. This information
may be submitted in any form desired. Optional Form WH-347 is available
for this purpose and may be purchased from the Superintendent of Oocu-
ments (Federal Stock Number 029-005-00014-1), US. Government Printing Office. Washington. DC. 20402. The prime contractor is responsible for the
submission of copias of payrolls by all subcontractors (Approved by the
Oftice of Management and Budget under OM6 Control Number
121 5-01 49.)
@) Each payrdl submitted shall be accompanied by a 'statement Of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays w, supervises the payment of the persons employed under the
contract and shall certify the following:
required to be maintained under 29 CFR Part 5.5 (aX3Xi) and that such
information is meet and complete
(2) That each laborer or mechanic (including each helper.
apprentice, and trainee) employed on the contract during the payroll period
has been pad the full weekly wages earned. without rebate, either directly
or indirectly. and that no deductions have been made either directly or indi-
rectly from tbe full wages earned. other than permissable deductions as Set
forth in 29 CFR Part 3
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benetits or cash equivabnb for the clas-
sication of work performed, as specified in the applicable wag% determina-
tion incorporated into the contract
(c) The weekly submission of a properly executed certification set
forth on Ute reverse yde of Optional Form WH-347 shall satisfy the
requirement for subrniion of the "statement ot Compliance" required by
paragraph A3.000) of this section.
contractor 01 subcontractor to civil or criminal prosecution under Section
1001 of fitle 18 and section 231 of Title 31 OI the united states c~da 0 The contractw of subcontractor shall make the records required
under paragraph A3.0 of thii section available for inspection. copying. or
transcription by authorized representatives of HUD or ib designee or the
Department d Labor, and shall permit such represantatives to interview
employees during working hwn on the job. H the contractor or subcon-
tractor fails to submit the required records or to make them available, HUD
or its designee may, aRer minen notice to the contractor, sponsor. appli-
cant 01 ownw, take such actkm as may be necessary to cause the sus-
pension of any further payment advance, or guarantee of funds Further-
more, failure to submit Ihe required records upon request or to make such
records available may be grounds for debarment action punuant to 29
CFR Part 5.12
4. (7) Apprcmtker and Tnh..r. Appronl!ces. Apprentices will be per-
mined to work at less than the predetmined rate for the work they per-
formed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered wim the US. DepaNnent ol ~bor. Employment and Training Administration. Bureau of Apprenticeship
and Training. or with a Slate Apprenticeship Agency recognized by the
Bureau. or if a person is em- in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program. who is
nd individually registered in the program, but who has been c8ttified by the 0 g&eiu of Apprenticeship an&Training or a State Apprenticeship Agency
(wMe appropriate) to be eligible for probationary employmml as an
apprentica The allowaMe ratio of apprentices to Iourneym
in any craR classification shall not be greater than the ratic
contractor as to the entire work force under the r-istered worker listed on a payroll at an apprentice wage rate. who
w ohwise employed as stated above, shalt be paid not 1
applicable wage rate on the wage determination for the CL
work amally performed. in addition. any apprentice peda
the job site in excess of the ratio permitted under me rqis
shall be paid not less than Ute applicable wage rate on the
nation for the work actualiy performed. Where a contract0
construction on a project in a locality other than ht in wt
registered, the ratios and wage rates (expressed in perm
neyman's hourfy rate) specified in the contractofs or subc
tered program shall be observed. Every apprenctice must
less than the rate specified in the registered program for 11
level of progress, expressed as a percentage of the joum
specified in the applicabte wage determination. Apprentiu
fringe benefits in accordance with the provisions of the ac
program. H the apprenticeship program does not spec* fi
apprentices must be paid the full amount of fringe benef&
wage determination for the applicable classification n the
determines that a different practice prevails for the applia
classification, fringes shall be pad in accordance with ths
the event the kreau of Apprenticeship and Training. or a
ticeship Agency recognized by the Bureau, withdram ap(
apprenticeship program, the contractor will no longer be I
apprentices at less than tbe applicable predetermined rai
performed until an acceptable program is approved
0 Trainee* Except as provided in 29 CFR 5.16, bai
permitted to work at less than the predetermined rate for
formed unless they are employed pursuant to and individ
a program which has received prior approval, evidenced
cation by the US Depament of Labor, Employment and
stration. The ratio of train- to journeymen on thk job s
greater than permitted under ttte plan approved by the E
Training Administration. Every trainee must be paid at nc
.specified in the approved program for the painee's level
expressed as a percentage of the journeyman hourly rat1
applicable wage determination. Trainees shall be paid fri
accordance with the provisions of the trainee program. ll
gram does not mention fringe benefits, trainees shall be
amount of fringe benefits listed on the wage determinatic
Administrator of the Wage and Hour Division determines
apprenticeship program associated with the corespond
wage rate on the wage determination which provides foi
fringe benefits for apprentices. Any employee listed on tt
trainee rate who is not registered and participating in a b
approved by the Employment and Training Administfatia
less than the applicable wage rate on the wage detemir
actually performed. In addition, any trainee worming w
in excess of the ratio permmed under the registered prq
not less than the applicable wage rate on the wage dete
work actually performed. In the event the Employment a
istration withdraws approval of a training program, the c
longer be permined to utilize baineea at less Uian the a[
mined rate for the work performed until an acceptable F
approved.
(in) Equal .mpbymmt opportunity. The utilization
trainees and journeymen under His part shall be in con
aqua1 employment opportunity requirements of Execufi!
amended, and 29 CFR Part 30.
L Comp~&me wlth cop.hnd Act requirwnenm. The
comply with ttte reguirementr Ot 29 CFR Part 3 which a
reference in this contract
6. Sukonhck The contractor or subcontractor Will
contracts me clauses contained in 29 CFR S.s(aX1) thrc
other Clauses as HUO or its designee may b' aPPr@Z
require, and also a clause requiring the subcontracton
clauses in any lower tier subcontracts The prime cone
responsibk, for the m@w by any Jubcontractor 0
tractor wrth all the contract clauses in 29 CFR Part 5.5.
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(1) That the payroll for the payrdl period contains the information
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(d) The falsification at any of the above certifications may subject mS 1
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7. Contrade talnatkn; debamt A breach of the contract ciauses in pensation at a rate not lass than one and one-half times the bc
pay for all hours worked in excess of eight hours in any calem
excess of forty hours in such workweek whichever is greater.
(2) Vkklkm bMMy kr unpaid wages; llquldated damaq
event of any violation of the clause set forth in subparagraph (*
paragraph, the contractor and any subcontractor responsible I
be liable for the unpaid wages. In addition, such contractor ani
tractor shall be liable to the United states (in the case of work
contract for the District of Columbia or a territory, to such Distr
tenitory), for liquidatad damages. Such liquidated damages sh;
put& WM respect to each indiwjual laborer or mechanic. inc watchmen and guards. employed in violation of the clause set
paragraph (1) of this paragraph, in the sum of $10 for each cal which such individual was required or permitted to work in ex
houn or in excess of the standard workweek of forty hours wi
ment of the overtime wages required by the clause set forth in
graph (1) of this paragraph (3) WHhhokllng for unpaM wages and UquMated damage
designee shall upon its own action or upon written request of ;
riz& reprmtative of the Department of bbor withhold or ca
wtlhheld, frm any moneys payable on account of work perfor
contract01 01 subcontractor under any such contract or any 01 contract with the same prime contract or any other Federaliy-
tract subj to the Contract Work Hours and Safety Standard!
is held by the same prime contractor such sums as may be de
be necessary to satisfy any liabilities of such contractor or sub
for unpaM wages and liquidated damages 85 provided in the (
forth in subparagraph (2) of this paragraph.
(4) Subeontrsctr. The contractor or subcontractor shall ir
subcontracts the clauses set forth in subparagraph (1) througt paragraph and also a clause requiring the subcontractors to ic
clauses in any lower tier subcontracts The prime contractor d
responsible for compliance by any subcontractor or lower tier
tor with the &uses set fotth in subparagraphs (1) through (4) c
paragraph.
29 CFR 5.5 may be grounds for termination of me contract and for debar-
ment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compii8m wtth Davis-6acon and Related Ad Requlreimenb. All rul-
ings and interpretations of the Davis-Bacon and Related Acb contained in
29 CFR Pam 1.3. and 5 are herein incorporated by reference in this
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I contract
9. Dhputes concemtng bbor standards. Disputes arising out of the labor ' standards provisions of this contract shall not be subject to the general
disputes clause of this Contract Such disputes shall be resolved in aCCor-
dance with the procedures d the Department of Labor set forth in 29 CFR Pam 5.6, and 7. Disputes within the meaning of this clause include dis-
putes between the contractor (or any of ks subcontractors) and HUD Or ib designee. the U.S. Department of Labor, or the employees or their
representatives.
10. (l) CartMCstkn of Eligiblltty. 8y entering into this contract the con-
tractor certifies that neither it (nor he or she) nor any pew 01 firm who
has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(aNl) or to be awarded HUD contracts o( Padci- pate in HUD programs pursuant to 24 CFR Part 24.
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis-&con Act or 29 CFR 5.12(aXl) or to be awarded HUD contra-
or participate in HUD programs pursuant to 24 CFR Part 24.
Criminal Code, 18 U.S.C. 1001. Additionally. U.S. Crimnal code. Section
1010. Tie 18, U.S.C., "Federal Housing Administration transactions", pro-
vides in part Whoever. for the purpose of. . .influencing in any way the
action of such Administration. , . make utters or publishes mY Statement
knowing the same to be false. . . shall be fined not more than SS,OOO or
imprisoned not more than two years or both."
11. compl.in(.. Ptocaedingl, ff Ttdm~ny by Employ.Sr NO laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor Or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to tesfjfy in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer.
graph, the terms "laborers" and "mechanics" include watchmen and
(li) No part of this contract shall be subcontracted to any person or firm
0 The penalty for making false statements is prescribed in the U.S.
C. HwNt 8d SaWy
(1) No laborer or mechanic shall be required to work in SI
or under working conditions which are unsanitary, hazardous.
ous to his health and safety m detarmined under construction
heam standards promulgated by the Secretmy of Labor by re!
(2) The Contractor shall comply with all regulations issue
Secretary of Labor pursuant to Tie 29 Pari 1926 (fmedy par
failurn to comply may result in imposition of sanctions punuat
tract Work Hour8 and Safety Standards Act (Public Law 91 -54
(3) The Contractor shall include the provisions of this Ad
subcontract SO that such provisions will be binding on each $1
fhe Contractor shall take such action with respect to any SUR
the secretmy d Housing and Urban Development or the Secrc
shall direct as a means of enforcing such provisions
8 Contract Work Hours and !Mely Standards Act. As used in this para- I guards.
(1) Overtime requtrSmentr No Contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permitany such laborer or
mechanic in any workweek in which he or she is employed on such work
to work in excess of eight hour8 in any calendar day or in excess of rOrty
hours in such workweek unless such laborer or mechanic Wves com-
1. HUO
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LABOR STAND- PROVISIONS AND REUTED L[ATTERS
1. lhe term "wage decisionw means the Federal wage determination which is applicable and current at the folloning stage of development for the project:
1. The start of construction: 2. The date the mortgage is initially endorsed; or 3.
I.
The drte of the Agreement to Enter into a Housing ksisfancc Paymcntt Contract; whichever occurs first.
The wage decision specifies th. wage rates prevailing In the locality in which the work it to be perfonred as determined by the Secretary of Labor for classes of Laborer8 md ltcchnici on construction of a similar nuture, in sc~ordurce rfth the Ptrir-8acon Act, M amended.
?he waqe decision represents the trdnimum rates uhich must be pdd to all laborers md nrchnic8 employed or working on the site of the work.
me mge decisi;n rN:% anlies to thir project is identified on the cover of these minutes. A copy of tbe nge decision and the Poster "Notice to tnployeera (m-132l) nnut be deposited at the jobsite in a PrGcjncrrt and.pmtected area when it can be easily aeen and reviewed by the rrrkers.
hY ChSS Of laborer8 e wChrniC8 rhirchd8 not listed h the wage =*cision and Mch i. to be employed on a project shall be clamifled or :eclasslfied ia confarnnnu dth the wage decirioa, and a report of the action taken rU be amt by HUD to tb. Secrety of kbor. No payrolls - dll be rc3eqttcd by this office rhich lhts clarsificatlanr thrt are not
COiittkW5 is the wage decision, of a-d f or the pro Sect by the addi- tLCC& 2fSSifiCathl pZ'OCeS8. kV nqWSt for 8dditiOXhd clossif i ca tions
to thir offica no later thn tan (10) days SESUC k 8UbrPit-d h ea
frcor the &,te of tbe &ecan8tructiai Cmferanee. In the event the interested rputirt carmot agree QII the proper clurificatiaa or rrclassi-
puestion, accanpaied ty tbr rsc-tion of Rml, shall be refemd to ttr S8cretUt.J of kbar ilt rinrl detarrPinrtiaa. Uncludfird ptnaancl may not work on ?.he job until after tM8 ntter $8 rraolved.
clatrif~cr.Llonlt rill mot be approrn d bg thit office fOr aZ&tional ray not in utilhecad tor the projtct unless specifically ri**si *--ion, c~rb
25siqnateP on the saga $rca&ion.
L3 sacfunits ad *b*rrs -layea 4 t!m ocnstruction of the pmject shall
be :a<J uncc.adit:%mlly cnd net let8 qten than mce a week, the full amount .rC qes and bozdi*.f=inge PmeCts bur at the tlme sf paant computed
at %tes not let8 tban +Jam cmtainad ia the wage dedsion. r?:h 3: costs nuonably mtlcfputed under Section 1( b )( 2) of the Dnrir-B-wm
Att 0% bcW: of Irbox?rr or =c*yrics am considered wages -&d to Sufi isba=:% cr mschaniut mject to 29 SR 5.9a)(l)(d). t-0, rcguhr .:cr.L~?x%ions or costs inm-d for mre ,than a weeKy period (but not
Leas often than quarterly) =der plans, funds, or prozara3, and rhich wmr L9e ~ar~cular weekly period, are deemd to be coxwtructlVelY made
Y h:md dm- 8- rnCw period.
13 U Z&S~; %he.- fringe bentfits are paid to .the approved plz', fund8
cr ?Zgrazz, the baric haurly rate of pay thould be shan in Cohm 6, ?,'iiz 2 PAY, of the pU and on reverse side of pamu, &*e? m-9 sf~ tm ammt of einge bemflts being paid to each lndividu81 >'et=.
13 Zn c:LICS ..lh*T8 f.4:- benefits ere paid in cash dh3ct1Y to *
i3pkWr- the* SvrZSXl3 'a &lW 6, R9.n OF PtY, e." the ?&*a= the =%sic hariy nZpC nl+ pdd to the employee c-miirgt benefits paid in ::$'I to the emp:ayae; t.0.: $19.28/6.50. Section 4(b) an reverse 0s
FZnOll &auld be checked.
menever thc minim wage rate prescribed in the rage detlsim for class
of laborers or mcch.nics includes a fringe benefit which 1s not eqlrssed as an hourly rate, the contractor Is obligated to pay the ffinOe benefit as stated In the wage decision, or an hourly cash equivalent,-*treof.
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fiC8tion Of' me- -8 Of -?8 m PtChniU to k wed, tbt
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&SSP c*CuOar L(a) 6i th. TtVCTte Side of p8mll 8hWld be ChsCkOd. -
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6. .kwentices and Trainees - The U. S. Department of tbor (mL)
Fq:uhtiois (29 CFR, Fart 5) contains language prtaining to the use of qrrcntices and trainees and establishes the parameters within which m
enploycr may utilize a norlonon in a trade classiflcntioq and is permitted to pay that workin at a wage rnte which is less than the rate required on
the nagc decision for that trade classification. specified, below, including the ratio of apprentices or trainees to journej-nan that rill be permitted on the Job site.
I)
hese conditions are
A?prentlces sill be permitted to work as such only when they are registered with I state appnnticeehip qmcy which is recognized by
Lhc Bureau of Apprenticeship and Tpahhg, Labor: or if no ouch recognizad rRency exists in a 6t8teS under a pmgm registered with the Bureau of hpprmticeship and Tzdnfnp, U. S. Depart- ment of Labor. cmrt classification shall not be greater than the ratio pnnitted to
the cantractor as to tus entire work force Maw the registered pmgraJa.
hay employee listed on a payroll at an apprentice wage rate, who is not
registered as above, shall be paid the wage rate determined by the Secretary of bbor for the classification of work he actually prfonacd. ?he contractor 6hall furnish to HUD dtkn evidence of the required registration of his proem and apprentice8 and trdnees and those of subcontrdhtort, thr 8pprov~d =tior Of' apprmtiCtS .nd tW-8 to Joumzymen, prior to the use OS the apprelltic~s on tbe Job site.
b) Trainees will not be permitted to work at lass than the prehtennined rate for tbe work performed unless they are cmployed punusnt to and individually-.ragistemd in a ptogrnm rhich hu received *.or 8pprovd, evidenced by fo- certificatian, W the 0. S. Daputamat of labor, Manpuwer Admfidstratian, mau of Apprenticeship urd -. ihe ratio of trrineer to journeymen shall not be mater thm ptndttTir under the plut 8pprov ed by Um Buraau or Appsratice8Np ud Training. hry tninee mu8t k pad at not less thur the rate specified in the approvtd program far bi8 level of pwgre88. Ira;r sployee lirkd on the pajmll at a traime rate rho i. wt regiskrrb and prticipating in a t-ifiw phn approved b;r th8 Buruu Of AptlC88hfp md hbhg shall be p8id not.1888 tbn the wage r8k detemdxmd by the Secretary of Mor SOT the clu8iClca.tian of wort he actP.135 pwfonned. The contnctor or rubtatzrctar dll be requirrd to furnish HUD nitten evidence of thr carfification of iais/her protrn. the registration of the trzinett, and the rbtios and wage fatea pre8cfibed in that program. the event the Bureau of A-atiZeship urd - rithdmws 8pptovrl of I training m, th tontrattor riU. PO longer k permitted to utilize trainee8 Atle8s than the appli-bl, prcdeterndnrd rate for the
United States department of
Ihc allowable ratio of apprentices to lournrmn in any
In
uork pcrfomxd Mdl ?Ul 8cceptrbla,prognnr $8 8pprwrd.
h?ZH"TOtJ: * -
<x are adtired that this Office will require strict adhrcnce to the ratio aEmved under thc rrgirtarrd proffrrar, md riymdrc back vale adjurrmentr
(t9 the joumcymur's rate) for 8ny apgrrntin or trainee who i8 employed on 'Jie Job site in excess of th+ approved ratio. r)N ratio that will be applied
it the ratio rrhLJl is in force at thc time of the effective date for tha rage
decision 8% defined, &on, in 8ccord.nce with the DOL Regulations.
The Copeland Act (Aiti-Kickbrck Act) provides that no deduction or rebate
of any account be taken Tram an esp~oyeels pay, except such deductions as
ax mandatory by law, unlest this deduction is authorized In mi3ng bY the employee. pa;roU on chich the deduc',ion appears. Om signed authorization ir sufri- cient for dcductiiont =de on a regular basis.
7.
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A copy of the signed authorization must be submitted wlth the
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6. Overtine Compensation -
a) The Fait Labor Sr~ndards Act requires compensation at the rate of one
and one-ha1L tines the basac hourly rate of pay, for a11 hours worked
in excess of forty (LO) IBourt in any workweek.
Additionally, on those projects subject to ttie provisions of the
Contract Cork Ilours and Safetv Standards Act, no CO~ltrlCfO? or sub- contractor #hall require or penait any laborer Or mecilanic in any vork-
vcek in vt?ich he Is employed on such work, to work in excess of forty
(&O) hours in such workweek unless such laborer Qr mechanic receives
compensation at a rate not less than one and one-h8lf timer his basic
rate of pay for 011 !,ours worked in excess of forty hours in such
workweek. In the event of violations. the contractor Or subcontractor
rh8ll be liable to any affected cppployee for his unpaid V8geS as well IS to the United States for liquidated damper.
will be computed at the rate of S10.00 per day, per violation.
b) I.
Liquidated damages
9. The following definitions are contained in the DOL xtpUlatiOn8 and shall be observed for the purpose of labor standards administration and enforcement
throughout the course of thir work:
a) The term "Construction" meuns all type. of work done on J pclrticular
building or work at the rite thereol; or under the United States Housiny.
Act of 1937 and the Housing Act of 1919, in the constructbn or devclufr lent of the project.
remodeliay, painting and decorating; the tramporting of uterials and supplies co'or from the building or work; the ~nufacturing or furnish-
ing of aaterials, articlesI supplies or equipment on the rite of the
building or work, and any cleaning ad preparation vhich is performed
pursuant to the construction contract ad i8 prerequirite to the final
acceptance of the completed work.
whose duties are mnu.1 or physical in natu~e (including those who use
tools or who are perforsing the uork of a trade), 80 distinguished from
mental or manaperial.
Every person perfoming the duties of a laborer or mechanic in the
conrtruction of the project i8 "employed" rct,ardless of any contractual
relationship alleged to exist,b~tween the contractor and such person. FurthtrmoreI every person paid by a contractor 01 subcontractor in any
mnnet for his labor in the conrtruetioa of the project is "employed"
and receiving "wamr" regardless of JV contractual relationship
alleged to exist between him add the re81 employer.
The tern "wages" mans the basic hourly rate of pay, any contribution
made pursuant LO, or costa anticipated to provide, a bonafide fringe
benefit plan, fund or program..
The payment of wages rhall be by cash. negotiable instruments pyable
on demand', or the additional forms of collpcnration for uhich deductions
are permi'ss2ble under the Repulatimr.
shall be rcco:nited.
This iacludes,*and is not limited to, altering,
b) Ihe te- *'1aborer'* and "mechanic" include8 at lurt those workers
c)
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d)
e)
No other methods of pansent
IO. Suhcnntrac tms -
A) The contfactor~ hir subcontractors and any lower-tier subcontractors
shall inrcrt 1ND form iSSrC, "Supplementary Conditions of the Contract
for Construction*" in any subcontracts into which they uy enter.
contractor shall not thereby be relieved 01 responsibility for the
compliance of any subcontractor with these conditions.
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11. Contractor/Subcontractor Ccrti rications
a) The contractor and each subcontractor is required to submft with, or prior to their first payrolll, the following certifications (a copy
of each is attached):
1. Certification of undtrstandimrg and authorization which certifies that the proper offxials have read and understand the Unutes of the Reconstruction ConfcreJICe on kbor Standards Provisions
and Related Matters; and identifies the person(s) rho is author-
ized to sign the weekly certified p.yr0l.l reports.
Certification for Applicable Fringe Benefit Payments which ldenti-
fies the method by wNch the contractor-subcontnctor ail1 meet
any obligation for fringt beneffts which my be contained in the rage decision, and aw plans, hmd8, OT prOcropIs, to which such payments wiU be =de.
2.
b) Internal Revenue Sezvicr Dnployer 13entificntion Number - Ibis assigned number must be furnished by each subcontractor on their rfrrt payroll report.
12. Weekly Certified Payroll Rcpor%s and Related Rtcords
a) ~ayr~ll fins are avii2.bl.e for purwe fram the U. S. avemment Printing Office bookstore, a rroln the Superintendent of IbcuwnU, GovemmMt printing CKfica, Ueshbgtm, D.C. ZoLoZ, in pads of 100, Including 1 instsuction aheat. Cmtrsctort w reproduce the mll rom to ere.* an ample 8upplY.
b) Tbe m&ly certified paydl Peportr urd buic TWO?& relathg thereto shall be nmintdaed during the course of ths wo=k 8ad preserved for a priod of thtn yeus ther8.rt.r for all kbor rhich i. performed in
tbe C~truCtiolr of tb. pmject,
'Ibt contractor and all rubcantractors rhJl pp)Le the red required under the labor rt.ndubr &war of the -tract arrilable for inspec- tion bo 8uthaimd rcprsmmku*.8 of rmO Wd th. hw Of &bot, ad .h.u. pawt ruch rtgl.88b-*VW ta bt8-n q-88. drping work bows on tbe Job mite. lb subcontmetora shall 00 arke such rtcorhr 8*.ihbb to, urd mdt inkni8W8 bJ, autborftrd rcprcSent8- tins of the emtractor.
c) Ihc original coyg of all paymu =port., including thore of dl subcon- tnctan, shall k mabmitt.d wekly to IAID by the prim coptnct4r.
COmplien~,~ rhich.fr either #e reyene of ths Pyroll Form aHY7, or the "Statement of Cauplirace, Fom WX8.
%e 8trtaaaat of Camplium rh.ll k executed with 813 original oignr- ture by tht employer (omcr, partner, coxyomte officer) or de8ipkd payroll officer for rhas we have ncefved,authorl%tian. MID rill not accept m?y p8mU that hrvt been endorsed with 8 signat- rtmrp.
d) Each cantrrctortr mu 6hdLl be numbered consecutively, beOfirninO
Security ))\rmbar fa each employee. Ihc lut payroll far each eontractor
for tN8 project 8haU be clenrly mnrked "RNAL."
e) Each p.yroU su mtdn for each employee: ricatim (in accordance 6th ?.he rage decision); the actual daily urd weekly hmrs worked on this pmject; the hwly rate of pay; thr gross
wages earned; the deductions made; mb the net wages pdd.
tional wages rem euned for mk at another project, the emplow mY include such 8dditio~l r8ges under Colm 7 of the p8ymU as f0U-s: S350.00/%600.00 (wsges for this pmject/?otil for all Pmjeets).
"AtSt C~SCS, tht deductions md the net wages my be computed based vpon the total weakly earnings.
The Corn Of 8831 vu rh.ll'k aCm8d w 8 - Stat8mnt Of
~%h #I. 'IhQ fhSt p.yroll W COn-.t& M, rddrtst, .nd sodd
thr corrtct rork clatsi-
If ad&-
for
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Prge 5 - 13. Working Subcontractors - A bonaffde ~ubcontrrctor, with an established
business, end Who pcrfom work on the job site with their crew, must list on the payroll all personnel engaged in the contract work. As the omer of the finn, for themself, they need list only &eir ~mc, work classification/mer, their hours worked each day, and total hours for the reek on the payroll.
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NOTE: owners are not "mechanics" or "laborers," or that owners are not entitled to the "wages" prescribed by the wage decision fa the type of work performed. responsibility of an mer to operate their business in such a way as to nssure that their wages can be wt from the proceeds of the business. The policy permits the Labor Relations staff to accept witha* further vecrifkcation, the owner'r Ceztiiication on the Statement of Compliance (W-3L8) that their am rages are sufficient
to meet the requirements of the rage decision.
This is an administrative policy and does not imply that -
This policy merely recognizes the right and
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1L. A lrborcr or wchanic who perform work on the proJect in more than one classification within the same workweek shall be classified and paid et the highest wage rate applicnble to uy of the work which he perfornu - unless the'folloring requirement8 are met:
a) Accurate Mu time records shr91 be nnintained. show the time worked in each Llasdficatioa and thc mte of pay for
each clutificatian, md narrt be signed by tht tmployee.
b) Thepaymll EW thou the hours worked in each clUSiffCatiOX3 urd the wage rate paid for each classification.
c) The payroll shrll be signed by the employee, or a copl of the ripd drilp time record .h.ll be attachad to th mu..
name .records must
15. 70 ndnfdzC thc pO88ibiue Of dm&X'StUldhg b rtgvd to tha receipt
of pyrollr, tbe following conditions ue effective adiately Sor the submistion of tbe weekly certified pvll repart.:
a) me general contractor rill k held qletely responsible for tbe careful review and vcrilicrtion of his om, urd of all rubcontractors' plmllt befm folrvdig 8rarc .. to Hm)! uld for tha timeliness of .11 payroll submi.tionr.
b) Pam11 submirsiosu must be kept up-to-date. given week must be m;rbmittedwot later thm U days follarinq ?he close of the canspondino pay rark.
c) All mnil shall be addrs8Sed to the attention of labor hlations/9S L.
Each submission, whether hmd-dad 02 mdled, nust be accmqmnhd by an itemized cover letter. The entire subnrirsian will be retuned if It is found to be incolnplete, f.e., itas that are not present that are Us'ted on the cover letter.
d) In the event that a submission is &turned as incomplete, or that my contractorfsubcontractor is found to be delinquent in submitting payrolls, the gCnCrrl contractor will be considered to be in non- campllance, and any advances may be withheld.
During the course of the work, this office will perform periodic audit8 of the pamlls and related submissions. The prime contractor will be notified in writing of any discrepancies or violations that M disclored in the audit, and of the actions that will be necessary to resolve the discreprncie and/or violations. for thc ptompt resolution of 111 nan-compliances, including thore PC*~~X to a tuhvlnZr8ctors and uyy lower-tier 8ubC0ntr8CtOr8-
At the time that construction is completed far this project, a final audit of the parnus and related submistions will be performed. me PtOJect will
not be approved by Labor Relations to procted to find endoraemcnt Until aU items of non-compliance arc comcted, or until appropriate pmdsim is mad by depositoTy agreement, to usme the ultimate resolution and POyWnt Of an
Ihe paymll. for my
16.
The prime contractor shall be held entixljr xrponsible
17.
1. bUb*..grr that MV bm Cnimrl dmm, 4moludin.r ralr*rd 1Sqddated dm=+-.
STArlDARO FEDERAL EQUAL EtiPLO'tt. -.iT
OPPORTLIII ITY COlUSTRUCT 103 COIITZKT
SPECIFICATIOiiS (EXECUTIVE ORDER 11246)
IF
1. As used in these specifications:
a. "Covered area" means the geographiczl area describ2d in the sol
tation from r.hich this contract resulted; E b. "Director" means Director, Office of Federal Contract Coapl ianc
Programs, United States Dzpartment of Labor, or any person to v;horn the Oi
delegates authority;
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c. "Employer i ndenti f i ca t ion number" ceans the Federal Soc i a1 SecL
number used on the Employer's Quarterly Fedem1 Tax Return, U.5. Treasurq r Department Forn 941.
d. Yli nori ty" i ncl udes :
(i) Black (all persons having origins in any of the Slack Afric 1 racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Cer
or South Anerican or other Spanish Culture or origin, regardless of race:
(iii) Asian and Pacific Islander (all persons having origins ir
of the original peoples of the Far East, Southeast Asia, the Icdian Subcc
tinent, or the Pacific Islands); and I
(iv) American Indian or Alaskan Native (all persons having ori!
in any of the original peoples of North America and maintaining identifi;
tribal affiliations through membership aiid participation or ccmunity idc
fication).
2. Khenever the Contractor, or any Subcontractor at any tier, subcontrl
a portion of the work involving any construction trade, it shall physica
include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable gcrals for mi
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and female participation and which is set forth in tt,, solicitations fro
this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFi7 604.5) in a
town Plan approved by the U.S. Department of Labor in the covered area e
individually or through an association, its affimative action obligatio
all work in the Plan area (inluding goals and timtables) shall be in i
dance with that Plan for those trades which have unions participating ir
Plan. Contractors must be able to demonstrate th5ir participation in ar
compliance with the provisions of any such Hometown Plan. Each Contracl
Subcontractor participating in an approved Plan is individually requirec
comply with its obligations under the EEO ilduse, 2nd to make a good fa
effort to achieve each goal under the Plan in each trade in which it h
ployee;. The overall good faith performance by other Contractors or Su
ors toward a goal in an approved Plan does not excuse any covered Contr
or Subcontractor's failure to take good faith efforts to achieve the PI
goals and time tab1 es.
4. The Contractor shall implement the specific affimative action stz
provided in paragraphs 7a through p of these specifications. The goal5
forth in the solicitation from which this contract resulted are express
percentages of the total hours of employment and training of minority i
female utilization the Contractor should reasonably be ab12 to achieve
construction trade in which it has employees in the covered area. The
tractor is expected to make substantially unifon progress toward its I
in each craft during the period specified.
5. Neither the provisions of any collective bargaining agrement, no
failure by a union with tghom the Contractor has a collective bargainin
rnent, to refer either minorities or women shall excuse the Contractor'
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obligations under these specifications, Executive 0rC;tr 11246, or the reo 1
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, tions promulgated pursuant thereto.
6. In order for the nonworking training hours of zppr2ntices and traine
to be counted in meeting the goals, such apprentices and trainees must be
employed by the Contractor during the training period, and the Contractc
must have made a commitment to employ the apprentices and trainets at the
completion of their training, subject to the availability of eonlopent c
tunities. Trainees must be trained purscant to training program approve
by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure eqt
eniployment opportunity. The evaluation of the Contractor's COT.:^^ iance wi
these specifications shall be based upon its effort to xhieve Taximum rc
from its actions. The Contractor shall document tkse efforts fully, an(
implement affirmative action steps at least as extensive as the followin!
Ensure and maintain a working environceni free of harzssmnt, -
tinidation, and coercion at all sites, and in all facilities at which thc
tractor's employees are assigned to work. The Contractor, where possiblc
will assign two or more women to each construction project. The Contrac.
shall specifically ensure that all foremen, superintendents, ar.d other 01
site supervisory personnel are aware of and carry cut the Contrxtor's 01
Sation to maintain such a rGorking environment, ;+ith sp2Cir'ic zttention tc
minority or female individuals working at such sites or in such facilitic
Establish and maintain a current list of minority and female rl
nent sources, provide written notification to minority and femle recrui
sources and to comnuni ty organizations when the contractor or its unions
employment opportunities available, and maintain a record of the organiz
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c. Maintain a cgrrent file of the nani2s, addresses and t2lephon
of each minority and :?male off-the-street apjlicznt and zicority or f
ref<:. =11 frcm a union, a recruitment source or coixunity organizztiorl
what action was taken with respect to each such icdividual. If such i
was sent to the union hiring hall for rerstral and was not r3ferred 0
the Contractor by the union or, if referred, not ecployed by tk Contr
this shall be documenkd in the file with the reason therofor, along v,
whatever additional actions the Contractor may havz taken.
d. Provide imediate written notification to the Director when
or unions with r.ihich tn2 Contractor has a collective bargaining agreer
not referred to the Contractor a minority person or wman sent by the
tractor, or when the Contractor has other inforniation that the union 1
process has irnpzded the Contractor's efforts to meet its o5ligations
Develop on-tne-job tr-aini ng opportunities and/or partici pati
training programs for the area which expressly include minorities and
including upgrading prJgrams and cpprenticeship and train2s programs
to the Contractor's eirploymnt needs, especially those program funde
approved by the Cepartaent of Labor. The contractor shall provide no
of these program to the sources coinplied unier 7b above.
e.
f. Disseminate the Contractor's EEO policy by providing notice
pol icy to unions and training program and requesting their ccqxrati
assisting the Contractor in meeting its EEO obligations; by including
any policy manual and collective bargaining agreerent; by publicizins
in the company newspzpw, mnual report, etc.; by specific revie:.i of
with all management personnel and with all minority and female ernploj
least once a year; an3 by posting the company EEO policy on bulletin
I k. Validate a tests and other selection rzc, enents k;htre there
an obligation to do so under 41 CFR Part 60-3,
1. Conduct, at least annually, an inventory and evaluation at least
of all minority and female personnel for proRotion31 op7ortunitios and en-
courag? these employees to seek or to prepare for, through appro2riate ti-a
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m. Ensure that seniority practices, job classifications, work assiq
rnents and other personnel practices, do not hav~ i! discriminatory effect t
continually monitoring all psrsonnel and emplcpent related activities to
ensure that the EEO policy and the Contractor's obligations under these SF
fications are being carried out. I
n. Ensure that all facilities and company activities are nonsegreg;
except that separate or single-user toilet and necessary changing facil it.
shall be provided to assure privacy between thk sexes.
0. Document and maintain a record of all solicitations of offers fc
subcontracts from minority and female construction contractors 2nd suppl ii
including circulation of solicitations to minority and female contractor
associations and other business associations.
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I p. Conduct a review, at least annually, of all supwvisors' adhere
to and performance under the Contractor's EEO policies and affinative ac
ob1 igations.
8. Contractors are encouraged to participate in voluntary associations
assist in fulfilling one or nore of their affirmative action obligations
(7a through 7p). The efforts of a contractor assWiation, joint contract
union, contractor-communi ty, or other similar group of which thl contract
is a member and participant, may be asserted as fulfilling any one or COT
of its obiisations under 7a through p of these Splcificztions provided tl
the contractor actively participates in the group, makes every effort to
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. accessible to all emp?oyess at each location where constrbcficn work i
kview, at least annuaily, the company's EEO policy and affi
action ob1 igations under these specifications with all eE:plQ/,ots tiavin
responsibility for hiring, assigment, lajoff, termination or othw em
decisions including specific review of these items with onsitz sup2rvi
personnel such as Superintendents, General Fcremer,, etc. , prior to the
ation of construction work at any job site. A written record shall b2
and maintained identifiying the time and place of these ~eetings, pers
attending, subject matter discuss2d and disposition of th2 subject cat
Disseminate the Contractor's EEO policy externally by includ
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in any advwtising in the news rwdia, specifically including ninority
female news media, and providing written notification to 2nd Giscussin
Contractor's EEO pol icy with other Contractors and Subcontractors rrith
the contractor does or anticipates doing busicess.
i Direct its recruitment efforts, both oral and written, to mi
female and cormiunity organizations, to schools with minority 2nd femal
dents and to minority and female recruitrent and training organization
the Contractcr's recruitment area and employment needs. Not later ;ha
nonth prior to the date for the acceptance of applications for apprmt
or other training by any recruitnent source, the Contractor shall send
notifiactions to organizations such as tht above, describicg tk oponi
screening procedures, and tests to be used in the selection prxess.
j. Encourage present minority and female employees to recruit o
minority persons and women and, where reasonable, provide afta- school
and vacation employment to minority and female youth both on the site
0th2r areas of a Contractor's workforce.
-.
that the group has a positive impact on the ecplopnt of minorities and
in the industry, ensures thht the concrete benefits of the prog-zm are rf
ed in the Contractor's minority and female workforce participation, make1
good faith effort to met its indivdual goals and ticetables, and can prl
access to documentation which demonstrates th2 effxtiv2ness of actions
on behalf of the Contractor. The obligation to CCITI?~~, how?!ver, is the
tractor's and failure of such a group to fulfill dn obligation shall not
a defense for the Contractor's noncompl iance.
9. A single goal for minorities and a soperate sing12 goal for women h
established. The Contractor, however, is required to ~rovide equal emplc
rnent opportunity and to take affirmative action for all minority groups,
male and female, and all women, both minority and non-ninority. Consequ
the Contractor may be in violation of the Executive Order if a particula
group is employed in a substantially disparate mariaer (for exazqle, even
the Contractor has achieved its goals for women generally, the Contract0
be in violation of the Executive Order if a specific minority cjroup of t.1
is underutil ized).
10. The Contractor shall not use the goals and tiretables or zffirmativ
action standards to discriminate against any pPrscn because of race, col
religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person
firm debarred from Governnent contracts pursuant to Executive Order 1'124
12. The Contractor sh311 carry out such sanctions and penalties for vi0
of these specifications and of the Equal Opportunity Clause, including s
pension, termination 2nd cancellation of existing subcontracts 2s may be
imposed or ordered pursuant to Executive Order 11246, 2s anendod, and it
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implementing regulations, by the Office of FeZ2ral Contr3zt Co3pl iancc
grams. Any Contractor who fails to carry out such sanctisns and penatt
shall be in violation of these specifications 2nd Executive Order 11246
amended.
13. The Contractor, in fulfilling its obligations under these specific
shall implement specific affirmative action steps, at least as extensit
those _. ilndards prescribed in paragraph 7 of these specifications, SO z
achieve maximum results from its efforts to ensure equal mployment op~
If the Contractor fails to comply with the requirements of the Executi\
the implementing regulations, or these specificaticns, th2 Director sh;
proceed in accordance with 41 CFR 60-4.8.
74.
employment related activity to ensure that the company EEO policy is b
The Contractor shall designate a responsible official to monitor
- carried out, to subniit reports relating to th2 provisions hereof as ma
required by the Government and to keep records. Records shall at +cas
for each employee the name, address, telephone numbers, construction t
union affiliation if any, employee identification nmber ;.;hen assigned
security number, race, sex, status (e.9. mechanic, apprentice, traifiee
helper, or laborer), dates of changes in status, hours worked per reek
indicated trade, rate of pay, and locations at which the xork was perf
Records shall be maintained in an easily mdorstandable z.nd refriewb'
however, to the degree that existing records satisfy this requirement
shall not be required to maintain separate records.
15. Nothing herein. provided shall be construed as a limitation upon 1
cation of requirements for the hiring of local or other area resident4
those under the Public Idorks Emplayment Act of 197' bhbcl tk? Co7;;uni:y 02v2 1
8 opment Block Grant Program). 1.
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SECTION 3 CLAUSE
A. The work to be performed under this Contract is on a proje
assisted under a program providing direct federal financi
assistance from the Department of Housing and Urban Develo
ment and is subject to the requirements of Section 3 of t
~ousing and urban Development Act of 1968, as amended, usc 1701U. Section 3 requires that to the greatest exte
feasible, opportunities for training and employment be giv
to lower income residents of the project area and contrac
for work in connection with the project be awarded
business concerns which are located in, or owned in su
stantial part by persons residing in the area of t
project.
I.
8. The parties to this contract will comply with the provisio
of said Section 3 and the regulations issued pursua
thereto by the Secretary of Housing and Urban Developme
set forth in 24 CFR 135, and all applicable rules and orde
of the Department of Housing and Urban Development issu
thereunder prior to the execution of this contract. T
parties to this contract certify and agree that they a
under no contractual or other disability which would preve
then from complying with these requirements.
C. The contractor will send to each labor organization
representative of Workers with whom he/she has a collecti
bargaining agreement or other contract or understanding,
any, a notice advising the said labor organization 1
worker Is representative of his/her commitments under th
Section 3 clause and shall post copies of the notice
conspicuous places available to employees and applicants fc
employment and training.
D. The contractor will include this Section 3 Clause in eve
subcontract for work in connection with the project ai
will, at the direction of the applicant for or recipient I
federal financial assistance, take appropriate actic
pursuant to the subcontract upon a finding that the su
contractor is in violation of regulations issued by t'
Secretary of Housing and Urban Development, 24 CFR 135. T
contractor will not subcontract with and subcontractor whe
he/she has notice or knowledge that the latter has be found in violation of regulations under 24 CFR 135 and wi.
not let any subcontract unless the subcontractor has fir!
provided it with a preliminary statement of ability I
comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the 'regulatioi
set forth ion 24 CFR 135, and all applicable rules ai I.
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orders of the Department of Housing and Urban Developmer issued thereunder prior to the execution of the contract
shall be a condition of the federal financial assistanc provided to the project, binding upon the applicant (
recipient for such assistance, its successors and assign:
Failure to fulfill these requirements shall subject ti
applicant or recipient, its contractors and subcontractor:
its successors and assigns to those sanctions specified 1
the grant or loan agreement or contract through whic
federal assistance is provided and to such sanctions as a1
specified by 24 CFR 135.
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Include the Federal Wage Determination for the Project
in Bid Requests, Specifications, and Contracts.
The Project Wage Determination is effective and can be used 180 calendar days from the datc
of such determination, If the Project Wage Determination will expire prior to contract award
the City of Carlsbad shall request a new Wage Determination. Project Wage Determination
may be modified to keep them current. Project Wage Determinations must include an:
modifications issued 10 days prior to the bid opening date.
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General Decision Number CA940001 25 I2 :'r f,j
Superseded General Decision No. CA930001
State: California
Construction Type:
BUILDING
HEAVY HIGHWAY
RESIDENTIAL
County (ies) :
SAN DIEGO
I.
BUILDING CONSTRUCTION PROJECTS: HEAVY CONSTRUCTION PROJECTS
not include TV/Grout work or water well drilling); HIGHWAY
CONSTRUCTION PROJECTS: RESIDENTIAL CONSTRUCTION PROJECTS
(including single family homes and apartments up to and incl
4 stories); DREDGING PROJECTS. This wage decision does not
include hopper dredge work or the installation of solar enei systems.
Modification Number Publication Date
0 02/11/ 1994
1 03/04/1994
2 04/08/1994
* EGEIWED R APR 11 I%4
LABOK RELATION:
r.0
CA940001 - 1 04/08/199~
COUNTY (ies) :
SAN DIEGO
ASBE0005A 09/20/1993 Rates Fringes
INSULATORS/ASBESTOS WORKERS Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 27.21 7.53
ASBESTOS REMOVAL WORKER/
HAZARDOUS MATERIAL HANDLER
Includes preparation, wetting,
stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 10.75 1.75 ................................................................
BOIL0092A 01/01/1994 Rates Fringes
BOILERMAKER 26.18 7.89 ................................................................
BRCA0004M 11/01/1993 Fringes Rates
BRICKLAYER, STONEMASON: MARBLE SETTER 20.78 5.95 ................................................................
BRCAO 0 04T 09 / 0 1 / 199 2 Rates Fringes
TERRAZZO AND TILE SETTER 24.99 6.60 _______________-____--------------------------------------------
BRCAOO 17C 061 Ol/ 1993 Rates Fringes
MARBLE, TERRAZZO AND TILE FINISHER 19.21 6.72
_______________--_--^___________________------------------------
* CARP0002B 07/01/1993 Rates Fringes
DIVERS :
Diver, wet 52.86 5.10
Diver, sta;-d-by 26.43 5.10
Diver tender 25.43 5.10
FOOTNOTE :
CA940001 - 2 04/08/1994
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Divers shall receive a minimum of 8 hours pay for any day or part thereof. ........................................................
CARP0002L 07/01/1993 Rates Fringes
I'
CARPENTER:
1) A residential wood frame project of any size;
2) Interior tenant improvement work, regardless of the si
of the project; and
3) Any wood frame project of four stories or less
Work meeting any of the following criteria:
4.80 17.76
Heavy & highway work: Work on box culverts, catch basins and headwalls in residential projects 18.68 5.10 All other heavy & highway work 23.35 5.10 All other work 22.20 4.80 Millwright 23.85 5.10
5.10 Piledriver 23.48
--_---_--__-_-____-_----------------------------------------.
CARPOOO2U 07/01/1993 Rates Fringe:
DRYWALL INSTALLER/LATHER:
-- Work on single family homes and
apartments up to and including 4 stories 18.53 4.23
17.00 5.10 All other work --_____-_____-____-_----------------------------------------
ELEC0569A 10/01/1993 Rates Fringe
E LECTR I C I ANS :
Work on single family homes and
apartments up to and including 4 stories 14.61 3% + 2
Sound work: Sound technician 17.18 3% + 3
Telephone interconnect technician 13.79 Sound person 12.53 3% + 3
Utility technician fl 16.11 3% + 2 Utility technician #2 10.56 3% + 2
Electrician 20.86 3% + E
Cable splicer 21.31 3% + t
3% + 3
Uti1 ity work:
All other work:
SCOPE OF WORK:
SOUND WORK: Assembly, installation, operation, service an( maintenance of components or systems as used in closed circl
04/08/199
I.
CA940001 - 3
television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm,
life support and all security alarms, private and public
telephone and related telephone interconnect, public address,
paging, audio, language, electronic, background music system les:
than line voltage or any system acceptable for class two wiring
for private, comme cial, or industrial use furnished by leased
wire, frequency modulation or other recording devices, electrical
apparatus by means of which electricity is applied to the
amplification, transmission, transference, recording or
reproduction of voice, music, sound, impulses and video.
Excluded from this Scope of Work - transmission, service and
maintenance of background music. All of the above shall include
the installation and transmission over fiber optics.
SOUND TECHNICIAN: Terminating, operating and performing
SOUND PERSON B: Wirepulling, splicing, assembling and
final check-out
installing devices
UTILITY WORK: UTILITY TECHNICIAN #1: Installation of street lights and
traffic signals, including electrical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and
communication installation including proper position of
trench depths, and radius at duct banks, location for
manholes, street lights and traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at job-
site, installation of underground ducts for electrical,
telephone, cable TV and communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. _______________--------------------------------------------------
ELECO 5 69 B 0 2 / 0 1 / 19 94 Rates Fringes
LINE CONSTRUCTION:
Catenary work:
Commercial overhead line work:
Line technician; Heavy equipment operator 24.37 4% + 5.12
Ground person 17.60 4% + 5.12
Ground person/truck driver 11.98 4% + 5.12
All other commercial underground
1 ine work: Line technician; Heavy
Ground person : Ground
4% + 5.12 equipment operator 16.27
person/truck driver 11.58 4% + 5.12 ____________________--------_-----.------------------------------
ELEC124 5A 0 6 / 0 1 / 199 3
CA940001 - 4 04/08/ 1994
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Rates Fringe: OUTSIDE UTILITY TRANSMISSION WORK:
Line worker; Cable splicer 25.70 4% +6.; Powder worker 24.41 4% +6.: Ground person 16.63 4% +6.: Line worker, welding 26.99 4% +6.;
t
SCOPE OF WORK: All outside work on electrical transmission lines, switchya
and substations, and outside work in electrical utility
distribution systems owned, maintained and operated by electrical utility companies, municipalities, or government
agencies. ............................................................
ELEV0018A 08/26/1993 Rates Fringe
ELEVATOR MECHANICS 27.13 6.12
FOOTNOTE : Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day
Friday after, and Christmas Day. ............................................................
ENGI0012B 07/01/1993 Rates Fringe
POWER EQUIPMENT OPERATORS:
GROUP 1 21.75 9.49
GROUP 2 22.53 9.49
GROUP 3 22.82 9.49
GROUP 4 22.96 9.49
GROUP 5 24.06 9.49
GROUP 6 23.18 9.49
GROUP 7 23.29 9.49 GROUP 8 24.39 9.49
GROUP 9 23.41 9.49
GROUP 10 24.51 9.49
GROUP 11 23.58 9.49
GROUP 12 23.68 9.49
GROUP 13 23.71 9.49
GROUP 14 23.79 9.49
GROUP 15 23.91 9.49
GROUP 16 24.08 9.49
GROUP 17 24.18 9.49
GROUP 18 24.29 9.49
* GROUP 19 24.41 9.49
GROUP 20 24.58 9.49
GROUP 21 24.68 9.49
GROUP 22 24.79 9.49
GROUP 23 24.91 9.49 ‘x .-/
CA940001 - 5 04/08/ 199d
I*
GROUP 24 25.08 9.49
CRANES, PILEDRIVING & HOISTING:
GROUP 1 21.75 9.49
GROUP 2 22.53 9.49
GROUP 3 22.82 9.49
GROUP 4 22.96 9.49
GROUP 5 23.18 9.49
GROUP 6 23.29 9.49
GROUP 7 23.41 9.49
GROUP 8 23.58 9.49
GROUP 9 23.75 9.49
GROUP 10 24.75 9.49
GROUP 11 25.75 9.49
GROUP 12 26.75 9.49
GROUP 13 27.75 9.49
POWER EQUIPMENT OPERATORS - TUNNEL:
GROUP 1 23.03 9.49
GROUP 2 23.32 9.49
GROUP 3 23.46 9.49
GROUP 4 23.68 9.49
GROUP 5 23.79 9.49
GROUP 6 23.91 9.49
GROUP 7 24.21 9.49
POWER EQUIPMENT OPERATORS - DREDGING:
Hydraulic suction dredges: Lever operator 24.10 9.50 Deckmate; Watch engineer 23.52 9.50
Winch (stern winch on dredge) 22.97 9.50
Bargehand; Deckhand; Fire person; Oiler: Leveehand 22.43 9.50
Dozer 23.63 9.50
Clamshell dredges: Lever operator 24.10 9.50
Watch engineer; Deckmate 23.52 9.50
Barge mate 23.04 9.50
Bargehand: Deckhand; Fire person: Oiler 22.43 9.50
NOTE: Premium pay of $2.75 per hour shall be paid on all work
within the boundaries of Camp Pendleton.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS:
CA940001 - 6 04/08/1994
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GROUP 1: Barge, brake, compressor operator, ditch witch, w: seat or Similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or comprc plant operator, pump operator, signal, switch
operator, fire person, hydrostatic pump operator, oiler crus1
(asphalt or concrete plant), skiploader (when wheel type up 1
3/4 yd. without attachment), soils field technician, tar pot
fire person, temporary heating plant operator, trenching macl
operator
GROUP 3: Equipment greaser (rack), Ford Ferguson (with drac attachments), helicopter radio (ground), power concrete curii
machine operator, power concrete saw operator, power - drive jumbo form setter operator, stationary pipe wrapping and cle,
GROUP 4: Asphalt plant fire person, backhoe operator (mini
or similar type), boring machine operator, box or mixer (asp; or concrete), chip spreading machine operator, concrete pump operator (small portable), drilling machine operator, small q
types (Texoma super economatic or similar types - Hughes 100 200 or similar types - drilling depth of 30' maximum), equip. greaser (grease truck), guard rail post driver operator, hig
cableway signal, hydra-hammer-aero stomper, power sweeper
operator, roller operator (compacting), screed operator (asp or concrete), trenching machine operator (up to 6 ft.)
GROUP 2: Concrete mixer operator - skip type, conveyor
I.
I machine operator
GROUP 5: Equipment greaser (grease truck/multi-shift)
GROUP 6: Asphalt plant engineer, batch plant operator, bit
sharpener, concrete joint machine operator (Canal and simila
type), concrete planer operator, deck engine operator, derri
(oilfield type), drilling machine operator, bucket or auger
(Caldwell 100 bucket or similar types - Watson 1000 auger or
similar types - Texoma 330, 500 or 600 auger or similar type drilling depth of 45' maximum), drilling machine operator
(including water wells), hydrographic seeder machine operato (straw, pulp or seed), Jackson track maintainer, or similar Kalamazoo switch tamper, or similar type, machine tool opera
Maginnis internal full slab vibrator, mechanical berm, curb
gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar type), pavement
breaker operator (truck mounted), road oil mixing machine
operator, roller operator (asphalt or finish), rubber-tired earth-moving equipment (single engine, up to and including 2
yds. struck), self-propelled tar pipelining machine operator
skiploader operator (Crawler and wheel type, over 3/4 yd. an to and including 1-1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor
operator - bulldozer, tamper-scraper (single engine, up to 1
h.p. flywheel and similar types, up to and including D-5 and I",' --
CA940001 - 7 04/08/1994
similar types), tugger hoist operator
GROUP 7: Asphalt or concrete spreading operator (tamping or
finishing), asphalt paving machine operator (Barber-Greene or
similar type), backhoe operator (up to and including 3/4 yd.),
small Ford, Case or similar, cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite
work), compactor operator (self-propelled), concrete mixer
operator (paving), crushing plant operator, drill doctor,
drilling machine operator, bucket or auger types (Caldwell 150
bucket or similar types - Watson 1500, 2000, 2500 auger or
similar types - Texoma 700, 800 auger or similar types - drilling
depth of 60' maximum), elevating grader operator, grade checker,
gradall operator, grouting machine operator, heavy-duty repair person, Kalamazoo ballist regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or similar
type, loader operator (Athey, Euclid, Sierra and similar types),
pneumatic concrete placing machine operator (Hackley-Presswell or
similar type), pumpcrete operator, rotary drill operator
(excluding caisson type), rubber-tired earth-moving equipment
operator (single engine, Caterpillar, Euclid, Athey wagon and
similar types with any and all attachments over 25 yds. up to and
including 50 cu. yds. struck), rubber-tired earth-moving
equipment operator (multiple engine up to and including 25 yds.
struck), rubber-tired scraper operator (self-loading paddle wheel
type - John Deere, 1040 and similar single unit), self-propelled
curb and gutter machine operator, skipload operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.), surface heaters and planer operator, tractor compressor drill
combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper,
scraper and push tractor, single engine), tractor operator (boom
attachments), traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator
GROUP 8: Heavy-duty repair person (multi-shift)
GROUP 9: Drilling machine operator, bucket or auger types
(Caldwell 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, heavy-duty repair-welder combination, monorail locomotive operator (diesel,
gas or electric), motor patrol - blade operator (single-engine),
multiple-engine tractor operator (Euclid and similar type -
except Quad 9 cat.), rubber-tired earth-moving equipment operator (single-engine, over 50 yds. struck), rubber-tired earth-moving
equipment operator (multiple-engine, Euclid, caterpillar and
similar over 25 yds. and up to 50 yds.), tower crane repair
person, tractor loader operator (Crawler and wheel type over 6-
1/2 yds.), Woods mixer operator (and similar Pugmill equipment)
GROUP 10: Heavy-duty repair-welder combination (multi-shift)
GROUP 11: Auto grader operator, automatic slip form operator,
CA940001 - 8 04/08/ 1994
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drilling machine operator, bucket or auger types (Caldwell, i
200 CA or similar types - Watson auger 6000 or similar types drilling depth of 175' maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing ma(
operator, mobile form traveler operator, motor patrol operatc
(multi-engine), pipe mobile machine operator, rubber-tired ei
moving equipment operator (multiple-engine, Euclid, caterpil
and similar type, over 50 cu. yds. struck), rubber-tired sel
loading scraper operator (paddle-wheel auger type self-load11
two (2) or more units)
t
GROUP 12: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system, (single-engine, u
and including 25 yds. struck)
GROUP 13: Canal liner operator, canal trimmer operator, re
control earth-moving equipment operator, wheel excavator ope
GROUP 14: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine, caterpillar, Euclid, Athey wagon, and similar types with any all attachments over 25 yds. and up to and including. 50 yds.
struck), rubber-tired earth-moving equipment operator, opera equipment with push-pull system (multiple-engine - up to and including 25 yds. struck)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single-engine, ov
yds. struck), rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple-engine, Euclid, caterpillar and similar, over 25 yds. and up to 50 y struck)
#-
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple-engine,
Euclid, caterpillar and similar, over 50 cu. yds. struck), t tractor operator (operating crawler-type tractors in tandem Quad 9 and similar type) I
GROUP 17: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar type? any combination, excluding compaction units - single engine, to and including 25 yds. struck)
GROUP 18: Concrete pump operator, truck-mounted, rubber-t
earth-moving equipment operator, operating in tandem (scrap4
belly dumps and similar types in any combination, excluding
compaction units - single-engine, caterpillar, Euclid, Athe?
wagon and similar types with any and all attachments over 2
and up to and including 50 cu. yds. struck), rubber-tired e
moving equipment operator, operating in tandem (scrapers, b
dumps and similar types in any combination, excluding compa
units - multiple-engine, up to and including 25 yds. struck GROUP 19: Rubber-tired earth-moving equipment operator, ,.*
CA940001 - 9 04 /08/ 199
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single-engine, over
50 yds. struck)
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - multiple-engine,
Euclid, caterpillar and similar type, over 50 cu. yds. struck)
operating equipment with the tandem push-pull system (single
engine, up to and including 25 yds. struck)
operating equipment with the tandem push-pull system (single- engine, caterpillar, Euclid, Athey wagor md similar types with
any and all attachments over 25 yds. anc ~p to and including 50
yds. struck), rubber-tired earth-moving iquipment operator,
operating with the tandem push-pull system (multiple-engine, up
to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
GROUP 21: Rubber-tired earth-moving equipment operator,
GROUP 22: Rubber-tired earth-moving equipment operator,
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single- engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (multiple-
engine, Euclid, caterpillar and similar type, over 50 cu. yds.
struck)
POWER EQUIPMENT OPERATORS - CRANES, PILEDRIVING AND HOISTING
EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler, fork lift operator (under 5 tons
capacity)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator, Ross carrier operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator, helicopter hoist operator
GROUP 5: Stinger crane (Austin-Western or similar type), tugger
hoist operator (1 drum)
GROUP 6: Bridge crane operator, Cretor crane operator, fork
lift operator (over 5 tons), hoist Operator (Chicago boom and
CA940001 - 10 04/08/1994
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similar type), lift mobile operator, lift slab machine operat
(Vagtborg and similar types), material hoist operator, shovel
backhoe, dragline, clamshell operator (over 3/4 yd. and up tc
cu. yds. mrc), tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline
clamshell operator (over 5 cu. yds. mrc), tower crane repair, tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton capacit craw;er transporter operator, derrick barge operator (up to a including 25 ton capacity), hoist operator, stiff legs, Guy
derrick or similar type (up to and including 25 ton capacity) shovel, backhoe, dragline, clamshell operator (over 7 cu. yds mrc)
GROUP 9: Crane operator (over 25 tons and up to and includi
50 tons mrc), derrick barge operator (over 25 tons up to and
including 50 tons mrc), highline cableway operator, hoist operator, stiff legs, Guy derrick or similar type (over 25 tc up to and including 50 tons mrc), K-crane operator, polar cra operator, tower crane operator
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GROUP 10: Crane operator (over 150 ton and up to and incluc
100 tons mrc), derrick barge operator (over 50 tons up to anc including 100 tons mrc), hoist operator, stiff legs, Guy derx or similar type (over 50 tons up to and including 100 tons mi
GROUP 11: Crane operator (over 100 tons and up to and inclL
200 tons mrc), derrick barge operator (over 100 tons up to an
including 200 tons mrc), hoist operator, stiff legs, Guy derr
or similar type (over 100 tons up to and including 200 tons IT mobile tower crane operator (over 100 tons up to and includir
200 tons mrc)
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GROUP 12: Crane operator (over 200 tons up to and includinq tons mrc), derrick barge operator (over 200 tons up to and
including 300 tons mrc), hoist operator, stiff legs, Guy derx or similar type (over 200 tons, up to and including 300 tons mrc), mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons), derrick barge
operator (over 300 tons), helicopter pilot, hoist operator, 5
legs, Guy derrick or similar type (over 300 tons), mobile tot. crane operator (over 300 tons) I
POWER EQUIPMENT OPERATORS - TUNNEL CLASSIFICATIONS:
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and incluc
attachment)
CA940001 - 11 04/08/1991
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10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) : Slip
form pump operator (power-driven hydraulic lifting device for
concrete forms; Tugger hoist operator (1 drum); Tunnel locomotivc operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small
Ford, Case or simi 3r; Drill doctor; Grouting machine operator:
Heading shield operator; Heavy-duty repair person; Loader operator (Athey, Euclid, Sierra and similar types): Mucking
machine operator (1/4 yd., rubber-tired, rail or track type):
Pneumatic concrete placing machine operator (Hackley-Presswell o
similar type): Pneumatic heading shield (tunnel): Pumpcrete gun
operator: Tractor compressor drill combination operator: Tugger
hoist operator (2 drum): Tunnel locomotive operator (over 30
tons) GROUP 6: Heavy-duty repair/welder combination
GROUP 7: Tunnel mole boring machine operator ................................................................
IRON00 0 1E 07 / 0 1 / 19 9 3 Rates Fringes
IRONWORKERS: Ornamental, reinforcing and
structural 20.88 11.62
Fence erector 19.99 11.62 ................................................................
LAB00003D 08/01/1993 Rates Fringes
PLASTERER TENDER 16.24 6.97 ................................................................
LAB00067C 02/01/1993 Rates Fringes ASBESTOS REMOVAL LABORER 10.00 3.83
SCOPE OF WORK: includes site mobilization, initial site clean-u] site preparation, removal of asbestos-containing material and toxic waste (including lead abatement and any other toxic
materials), encapsulation, enclosure and disposal of asbestos.
containing materials and toxic waste (including lead abatemen
and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers, and assembly of decontamination stations. ________--------____--_-----_----------------------------------
LABOOO89B 11/01/1992 Rates Fringes
BRICK TENDER 15.91 7.18 ___________--_--__---------------.------------------------------
LAB00089C 06/16/1993 Rates Fringes
LABORERS :
CA940001 - 12 04/08/1994
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GROUP 1 17.32 7.18
GROUP 2 17.62 7.18 GROUP 3 17.82 7.18
Rebound 17.32 7.18 Gun 17.62 7.18 Gun b nozzle 17.82 7.18
GROUP 1 17.62 7.18
GROUP 2 17.82 7.18
GROUP 3 18.07 7.18
MAINTENANCE WORK:
GUNITE LABORERS: I.
TUNNEL LABORERS :
FINAL CLEAN-UP AND LANDSCAPE
GROUP 1 8.66 5.18
LABORER CLASSIFICATIONS:
GROUP I: Laborer (general construction): Asphalt ironer -
spreader: Boring machine tender: Carpenter tender: Caulker;
Cesspool digger and installer: Chucktender (except tunnels);
Concrete curer (impervious membrane and form oiler): Concretc
water curing (excluding use of water trucks); Cutting torch
operator (demolition); Driller's tender (caisson) including bellowers; Dri-pak-it machine, concrete cutting torch; Dry packing of concrete, plugging, filling of shee bolt holes; FE erector: Fine grader on highways, streets and airport paving
(sewer and drainage lines when employed); Flag person: Form
blower; Gas and oil pipeline laborer: Guinea chaser: Housemol
Jet; Landscape gardener and nursery; Packing rod steel and pz
Pipelayer's backup (coating, grouting, making of joints, seal caulking, diapering and including rubber gasket joints, point and any and all other service railroad work); Laborer: Riggir and signaling; Riprap stonepaver: Sandblaster (pot tender):
Scaler; Septic tank digger and installer (lead): Tank scaler
cleaner; Tool shed checker: Window cleaner
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GROUP 2: Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement): Concrete saw (excluding tri
type), roto-scraper, chipping hammer, concrete core cutter,
concrete grinder and sander; Cribber - shorer, lagging and ti
bracing, hand-guided lagging hammer; Driller - all power dri: including jackhammer, whether Core, Diamond, Wagon, Track,
multiple unit, and all types of mechanical drills without re(
to the form of motive power; Driller (all other where drillii
for use of explosives): Gas and oil pipeline wrapper (pot tei
and form): Gas and oil pipeline wrapper (6-inch pipe and ove
Operator and tender of pneumatic, gas and electric tools,
concrete pumps, vibrating machines, multi-plate impact wrenc
similar mechanical tools not separately classified herein;
Pipelayer (excludes all pressurized and vacuum piping)
(performing all services outside the building line in the la
and installation of pipe from the point of receiving pipe un p ' completion of the operation, including any and all forms of
04/08/199 CA940001 - 13
tubular material, whether pipe, metallic or non-metallic conduit
and any other stationary type of tubular device used for the
conveying of any substance or element, whether water, sewage,
solid, gas, air or other products whatsoever and without regard
to the nature Of material from which the tubular material is
fabricated); Powder blasters' tender: Prefabricated manhole installer; Rock slinger: Sandblaster, waterblaster & nozzle operator); Scaler (using bos'n chair, safety belt): Steel headerboard; Tree climber, using mechanical tools: Welding in connection with laborer's'work
GROUP 3: Asphalt raker: Layton box spreader (or similar type)
TUNNEL LABORERS :
GROUP 1: Bull gang, mucker, track; Chucktender, cabletender;
Concrete crew (includes rodder and spreader); Dump: Grout crew;
Tender for steel form raisers and setters: Mucker - tunnel (hand
or machine); Nipper; Swamper (brake and switch on tunnel work);
Vibrator, jackhammer, pneumatic tools (except driller) multi-
plate impact wrench
GROUP 2: Blaster, driller, powder; Cherry picker; Grout
gun; Kemper and other pneumatic concrete placer operator; Miner
in short dry tunnels under streets, highways and similar places;
Miner - tunnel (hand or machine); Powder (tunnel work); Steel form raiser and setter; Timber, retimber wood or steel
GROUP 3: Powder - primer house (licensed) on tunnel work;
Shaft and raise miner; Shifter; Blaster (licensed) all work of
loading holes, placing & blasting all powder & explosives of
whatever type regardless of method used for such loading and
placing
FINAL CLEAN-UP AND LANDSCAPE MAINTENANCE WORK:
GROUP 1:
FINAL CLEAN-UP: Final clean-up work includes that work
performed after all new construction work on a unit of the
project is completed, including but not limited to: window
washing, inside and out, sweeping and cleaning all floors,
fixture clean-up, cleaning of all appliances, scraping and
excluding any floor sanding
LANDSCAPE MAINTENANCE: work in existing or newly landscapc
projects, such as watering, weeding or mowing and edging, pruning, fertilizing. Replacing or repairing of existing
installations (including the repair and replacing of electrical
and water systems, sweepinq, repainting and restriping ____________________-------------------------------------------
PAIN0048B 01/01/1993
CA940001 - 14 04/08/ 1994
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Rates Fringes
20.70 5.94
20.95 5.94
21.20 5.94
PAINTERS : Brush Brush, swing stage; Spray Paperhanger; Spray, swing stage Sandblaster; Iron, steel & bridge
(ground work); Iron, steel &
bridge - spray (ground); Rigger,
climbing steel; Brush, climbing
steel & bridge
Sandblaster, swing stage; Iron,
steel & bridge (swing stage) ;
Iron, steel & bridge (swing
I*
21.45 5.94
stage, spray) 21.7C 5.94 Steeple] ack 22.45 5.94 Drywall finisher 21.18 5.94
PAIN1176D 04/01/1993
Rates Fringes PARKING LOT STRIPING AND/OR HIGHWAY MARKING:
GROUP 1 19.93 5.67
GROUP 2 18.93 5.67
GROUP 3 16.94 5.67
GROUP 4 19.93 5.67 Service person (maintenance
and repair of equipment)
(on jobsite only) 11.96 5.25
Sealer/mixer 14.89 3.66 Applicator operator, shuttle
and squeegee person 13.18 3.66 Traffic surface protective
coating applicator 15.51 3.66 Traffic control person 8.19 3.66
Slurry seal work:
PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS
GROUP 1: STRIPER: Layout and application of painted traffic
stripes and marking; hot thermo plastic; tape traffic stripes
marking
GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: layout and
application of pavement markers, delineating signs, rumble an
traffic bars, adhesives, guide markers, other traffic Delinea devices; includes all related surface preparation (sandblast1
'waterblasting, grinding) as part of the application process
GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: removal of traff
lines and markings; preparation of surface for coatings and 19-1 traffic control devices
CA940001 - 15 04/08/1994
GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER:
removes, relocates, installs permanently affixed roadside and
parking delineation barricades, fencing, guard rail, cable
anchor, retaining walls, reference signs and monument markers _----------------------------------.-----------------------------
PAIN1 3 9 9A 09 / 0 1/ 19 9 3
Rates Fringes GLAZIER 22.89 7.05 ................................................................
PAIN1711B lo/ 13/1993 Rates Fringes
SOFT FLOOR LAYER 16.95 5.44 ................................................................
PLAS0346A 05/01/1993 Rates Fringes
PLASTERER:
Work on single family homes
and apartments up to and
including 3 stories 15.42 5.29 . All other work 18.42 5.29 ----------------------------------------------------------------
PLAS0744A 121 131 1993 Rates Fringes
CEMENT MASON:
Work meeting any of the following criteria:
1) a residential wood frame praject of any size;
2) work classified as Type 111, Type IV or Type V
3) interior tenant improvement work, regardless of the size
4) any wood frame project of 4 stories or less
construction:
of the project; and
17.41 4.80
All other building construction 19.00 4.80
Heavy and highway construction 21.33 5.05
_____-______----_---______________I_____------------------------
PLUM0016F 07/01/1993 Rates Fringes
PLUMBER; PIPEFITTER; STEAMFITTER;
AIR CONDITION; REFRIGERATION:
Camp Pendleton 30.06 7.54
Remainder of County 27.96 7.54
LANDSCAPE & IRRIGATION WORK: Journeyperson 21.43 7.16
Tradesperson 8.28 2.60
CA940001 - 16 04/08/ 1994
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SCOPE OF WORK:
LANDSCAPE & IRRIGATION TRADESPERSON:
Duties limited to: digging and/or backfilling with the
exception of motorized equipment; clean-up and sweeping; pipe
wrapping and waterproofing where tar or similar materials is applied for protection; operation of vibrating machines; coati
and grouting of all pipe joints, holes or chases allied to the
piping
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--------------------------------------------------------------
ROOF0045B 01/01/1993
Rates Fringes
ROOFER 18.70 3.38 ..............................................................
SFCA0669A 01/01/1994
Rates Fringes
SPRINKLER FITTER 27.00 6.73 --------------------------------------------------------------
SHEE0206A 09/01/1993 Rates Fringes
SHEET METAL WORKER:
Camp Pendleton 23.45 8.60
8.60 Remainder of County 21.45 ..............................................................
TEAM0036A 121 151 1993 Rates Fringes
TRUCK DRIVERS:
GROUP 1: 8.81 8.28
GROUP 1-A: 18.10 8.28
GROUP 2: 18.40 8.28
GROUP 3: 18.60 8.28
GROUP 4: 18.80 8.28
GROUP 5: 19.00 8.28 8.28 GROUP 6: 19.50 GROUP 7: 21.00 8.28
FOOTNOTE : Where hazmat certification of Level C and above is required,
the employee will receive $1.00 per hour above the rate of tb I classification.
TRUCK DRIVER CLASSIFICATIONS:
GROUP 1: Fuelperson (fueler without trucks), delivery by pic
GROUP 1-A: Traffic control - pickup
GROUP 2: Two axle dump; Two axle flatbed; Bunker: Concrete
1
[*I pumping; Industrial lift; Forklift, under 15,000 lbs.
CA940001 - 17 04/ 081 1994 1
GROUP 3: Three axle dump: Three axle flatbed; Two axle water
truck; Erosion Control nozzle; Dumpcrete, less than 6 1/2 yds.;
Forklift 15,000 lbs. and over: Prell; Pipeline working truck
driver; Road oil spreader; Cement distributor or slurry driver;
Boot: Ross Carrier
GROUP 4: Off-road dump, under 35 tons: Four axle but less than
seven axle; Lowbed and trailer: Transit mix, under 8 yds.: Three
axle water trucks; Erosion control; Grout mixer; Dumpcrete, 6 1/2
yds. and over: Dumpster: DW lo‘s, ~O’S, etc.; Fuel truck and dynamite; Truck greaser; Winch, two axle
Transit mix, 8 yds. and over: A-frame or Swedish crane; Tire
worker; Winch truck, three axle or more
GROUP 5: Off-road dump, 35 tons and over: Seven axles or more:
GROUP 6: Off-road special equipment (including but not limited
to water pull tankers, Athey wagons, DJB, B70 Euclids or like
equipment)
GROUP 7: Repair person ................................................................
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ____________________-------------------------------------------- ____________________--------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses.
(29 CFR 5.5(a) (1) (v)).
In the listing above, the llSU1l designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates.
indicate unions whose rates have been determined to be
prevailing.
_________________-________________I_____------------------------
Other designations
END OF GENERAL DECISION
CA940001 - 18 041081 1994
FORM APPROVE
BUDGET BUREAU NO 53 R11:
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY t
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 123 19-25). The implementin
rules and regulations provide that any bidder or prospective contractor, or any of their propose
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it hs
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if sc
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicabl
instructions, such bidder shall be required to submit a compliance report within seven calendar days aftc
bid opening. No contract shall be awarded unless such report is submitted.
1
CERTIFICATION BY BIDDER
Bidder's Name:
Address:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunit
Clause.
Yes No (rfanswer is yes, idennfy the most recent contract.)
Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No
Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes No None Required
If answer to item 3 is "No", please explain in detail on reverse side of this certification.
2.
(rf mer IS yes, idennfy the mosi recem contract.)
3.
4.
Certification - The information above is true and complete to the best of my knowledge and belief.
Name and Title of Signer (Please Type)
I. Signature Date
FORM APPROVED
BUDGET BUREAU NO. 63.R1138
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
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Name of Prime Contractor Project No.
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under
applicable instructions, such subcontractor shall be required to submit a compliance report before the
owner approves the subcontract or permits work to begin under the subcontract. I SUBCONTRACTOR’S CERTIFICATION
10 Address:
Subcontractor’s Name:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause. 1 Yes No
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2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No
Bidder has filed all compliance reports due under applicable instructions, including SF-100
Yes No None Required
If answer to item 3 is “No”, please explain in detail on reverse side of this certification.
3.
4.
Certification - The information above is true and complete to the best of my knowledge and belief
Name and Title of Signer (Please Type)
Signature Date
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INSTRUCTIONS FOR . ,LING MONTHLY EMPLOYMENT U I ILIZATION REPORT (CC.
The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and si
responsible official of the company. The reports are 13 be filed by the 5th day of each month during the te
contract, and they shall include the total bvork-hours for each employee classification in each trade in the CO\
for the monthly reporting period. The prime contractor shall submit a report for its aggregate work force.-a
and submit rcponr for each subcontractor's aggregate work force to the Federal compliance agency that has
Order 11246 responsibility. (Additional copier of this form may be obtained from the U.S. Department I
Employment Standards Administration. OFCCP's regional office for your area.)
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. compliance Agency ................................ .US. Government agency assigned responsibility for cqu
1.
merit opportunity. (Secure this information from the. c
officer.)
Fedtral Funding Agency ............................ .us. Government agency funding projecT (in whole or
more than one agency. list aIJ.
Contractor Anv contractor who has a construction contraa wlth thr .......................................
ernment or a contract funded in whole or in part WI' I funds.
M;noriry ...................................... .Includes Blacks, Hispanic., American Indians. Alaskan N,
Asian and Pacific Islanders-both men Jnd womcn.
1. Covered Area .Geqraphic area identified in Notie required under 41 Ci
2. Ernpl:>rrr's Identiffation Number ................... .Federal Social Security Number used on Emploier's Qurr
.................................
era1 Tax Return (U.S. Treasury Department F.orm 9411.
3. Current Coals (hlinority e4 Female) ................... .See conmct Notifiation.
4. R*:FOf:in3 ?erkd ............................... .Monthly, or as directed by the campliana agency, beg"
the effective date of the contraa.
5. Construction TrJdc ............................. .Only tho= construction crafts which Contractor trnplo
covered area.
6. Work.Hours of Employment (a.e) .................... .a. The total number of mala hours and the total number
hours worked by employees in each clawficatton.
b:e. The toral number of'rnale hours and the total n
fernJle hours worked by cJch specified group of mlnority t
in each cladwation.
.The level or accomplishment or st3rus of the worker in
(Journey Worker, Apprentice, Traitwe)
.The p~ebotw ol total rnimxity workhears of a11 w0rk.t
sum ot colurrmr 6b. 6c. 6d. and 6r dwdd by cnlumn 6s
fqura for each mnriruction trade).
Clauifscanon ................................
7. Minority Perctntagr - .. .............................
8. Female Percentage .............................. .For each wade ?he number rcponw in 61. F divdcd bv !
.me numbm r-0R.d in 6,. M and F
9. Total Numbiy of E.mp~ovees ....................... .Torr1 number of male and rata) number of Ierm*c emolort
inq m rsch drvrfiotion 01 cacn trae in tne cvniractw s
wor h lore durmg reponing prrix.
YO. Total Numoer ot Mtmoriry Employees ................ .Total number of male minori:r ernpb-s md forat n
fern.+ minority employees worktng in eac.. c+mittct~ai
tradr in xhc cmtractor's aggttgite wort lorce dlrrmg
1.
EXHIBIT 10 I
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EXHIBIT 13 (Continr I'
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(e) EXCEPTIONS
% LX?LU(ATIOY LXCffTtOW (CRAl?) I
L
’ nLmamas
NIWC A-WO TltLC 8t.YATUlL
7-c .I(LIUL *&LSlVICATlOy OC ANV OI TmE am01C STATLYEYTS Y1T aU8JECT 7L)& COwTZIACTOa On SU.COWtZI CIVIL om cmtvorr~ -aosccUTtO~
COOS
sac SLCTIOI 1001 oc TITL~ 10 AYO ~CCTIO* aag oc TITLE at 0. TrC uW*TCO 1
*...I mw 4WO8 CUICNUS TWlb WY O((ICCTLT V~OY TNC WPT. OI 00CWOlTS
;
Last Date You Workerd on Number of Hours Worked
Your Job Classification, Apprentice
I Yes
Paid at least Time and One-Half for All Hours
Worked in Excess of 40 in a Week’
(If overtime premium pey is not required, enter *inapplicable ‘I
Ever Threatend. Intimidated. or Coerced into Giving Up Any Part of Pay7
19
9
Yes
Conform to Classification: I Yes
Remarks (Continue on reverse if necessery ) I l3
NOTICE TO EMPLOYEES
Working on Federal or Federally Financed
Construction Projects
E
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1 MINIMUM WAGES
i of work you perform.
4 OVERTIME
8
8 APPRENTICES
I State apprenticeship programs.
ISROPER PAY
You must be paid not less than the wage ri
the schedule posted with this Notice for the
You must be paid not less than one and onc
times your basic rate of pay for all hours w(
over 8 hours a day or 40 hours a we
whichever is greater. There are some excepl
Apprentice rates apply only to apprer
properly registered under approved Feder
If you do not receive proper pay, contac
Contracting Officer as given below:
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Or you may get in touch with the nearest
of the Wage and Hour Division, U.S. Depar
of Labor. The Wage and Hour Divisioi
offices in several hundred commu
throughout the country. They are listed
U.S. Government Section of most tele
directories under Department of 1
Employment Standards Administration. I.
Revised:
NOTICIA A TODOS EMPLEADC
Trabajo en Projectos de Construcci6n Feder
o Financiados Federalmente
SALARIO MINIM0 Usten debe ser pagado no rnenos del salaril
en la programacidn acompafiando esta F
por el tipo de trabajo que usten hace.
Usted debe ser pagado no menos que ti
medio de su salario bssico por toda
trabjadas arriba de 40 en una semana. Hay
excepciones.
TIEMPO EXTRA (overtime)
APRENDIZES Salario de aprendiz se aplica solan
aprendizes apropiadamente registrac
programas de aprendizaje aprobados por
Estatales o Federales.
Si no recibe el sueldo apropiado comuniqr
el Agente de Contratos nombrado abajo.
espaiiol.
SUELDO APROPIADO
0 comuniquese con la oficina m6s cerci
Divisidn de Salario y Hora del Departar
Asuntos Laborales de 10s Estados Unidc
and Hour Division, U.S. Department of L;
Divisidn de Salario y Hora tiene oficinas c
de somunidades por todo el pals. Ell
listadas en la seccidn de gobierno de 10s
Unidos en la mayorla de directorios te
bajo:
U.S. Department of Labor
Employment Standards Division
Re vise
NOTICE TO EMPLOYEES
Working on Federal or Federally Financed
Construction Projects
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1 of work you perform.
I OVERTIME
I m APPRENTICES
1 State apprenticeship programs.
t@ROPER PAY
YOU must be paid not less than the wage ri
the schedule posted with this Notice for the
You must be paid not less than one and onc
times your basic rate of pay for all hours w(
over 8 hours a day or 40 hours a we
whichever is greater. There are some excepl
Apprentice rates apply only to apprer
properly registered under approved Feder
If you do not receive proper pay, contac
Contracting Officer as given below:
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Or you may get in touch with the nearest
of the Wage and Hour Division, US. Depar
of Labor. The Wage and Hour Divisioi
offices in several hundred commL
throughout the country. They are listed
US. Government Section of most tele
directories under Department of 1 I. Employment Standards Administration.
Re vised:
NOTICIA A TODOS EMPLEADO
Trabajo en Projectos de Construcci6n Feder
o Financiados Federalmente
SALARIO MINIM0 Usten debe ser pagado no menos del salaric
en la programaci6n acompafiando esta h
por el tipo de trabajo que usten hace.
Usted debe ser pagado no menos que ti
medio de su salario bssico por toda
trabjadas arriba de 40 en una semana. Hay
excepciones.
TIEMPO EXTRA (overtime)
APRENDIZES Salario de aprendiz se aplica solan
aprendizes apropiadamente registrad
programas de aprendizaje aprobados por i
Estatales o Federafes.
Si no recibe el sueldo apropiado comuniqi
el Agente de Contratos nombrado abajo. !
espaiiol.
SUELDO APROPIADO
0 comuniquese con la oficina m3s cerca
Divisidn de Salario y Hora del Departan
Asuntos Laborales de 10s Estados Unido
and Hour Division, U.S. Department of La
Divisidn de Salario y Hora tiene oficinas c
de somunidades por todo el pals. Ell
listadas en la seccidn de gobierno de lo:
Unidos en la mayorfa de directorios te
bajo:
U.S. Department of Labor
Employment Standards Division
Re vis c
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SPECIAL PROVISIONS
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1. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
1-1 TERMS
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To Section 1-1, add: I A. Reference to Drawings:
Where words "shown," 'indicated,' "detailed," "noted," "scheduled,' or words of similar import are
used, it shall be understood that reference is made to the plans accompanying these provisions,
unless stated otherwise. I B. Directions:
Where words "directed," "designated," "selected,' or words of similar import are used, it shall be
understood that the direction, designation or selection of the Community Services Director is
intended, unless stated othetwise. The word "required" and words of similar import shall be
understood to mean "as required to properly complete the work as required and as approved
by the Community Services Director," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar import are
used, it shall be understood such words are followed by the expression "in the opinion of the
Community Services Director," unless otherwise stated. Where the words 'approved," "approval,"
"acceptance," or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Community Services Director is intended. The City has
spent considerable time and effort on selection of equipment, including colors. Any "equal'
must be approved as to equipment and color 48 hours in advance of bid opening by the
Community Services Director.
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The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall
perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at
her/his expense, shall furnish and install the work, complete in place and ready to use, including
furnishing of necessary labor, materials, tools, equipment, and transportation. I
1-2 DEFINITIONS
Modtfy Section 1-2 as follows:
Agency -the City of Carlsbad, California
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Community Services Director -the Project Manager for the City of Carlsbad or his approved
representative
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' 2-4 CONTRACTBONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in the
latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in the amount
of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent
of the contract price. Both bonds shall extend in full force and effect and be retained by the city
during the course of this project until they are released according to the provisions of this
sect ion.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 35
days after recordation of the Notice of Completion and will remain in full force and effect for the
one year warranty period and until all warranty repairs are completed to the satisfaction of the
Community Services Director.
The payment bond shall be released six months plus 35 days after recordation of the Notice of
Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed their liabilities in an amount
equal to or in excess of the amount of the bond. The bonds are to contain the following
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1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws,
or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
If the bid is accepted, the City may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of
the execution of the bond. The financial statement shall be made by an officer's certificate as
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial
statement may be verified by the oath of the principal officer or manager residing within the
United States.
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2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
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The specifications for the work include the Standard SDecifications for Public Works
Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
The Construction Plans consist of 4 sheet(s) designated as City of Carlsbad Drawing No. u. The standard drawings utilized for this project are the latest edition of the San Dieao Area
Resional Standard Drawinqs, hereinafter designated SDRS, as issued by the San Diego County
Department of Public Works, together with the City of Carlsbad Supplemental Standard
Drawings. Copies of pertinent standard drawings are enclosed with these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's direction,
the Contractor shall obtain and distribute the necessary copies of such instruction, including two
(2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent
sepias, which shall be corrected daily and show every change from the original drawings and
specifications and the exact "as-built" locations, sizes and kinds of equipment, underground
piping, valves, and all other work not visible at surface grade. Prints for this purpose may be
obtained from the City at cost. This set of drawings shall be kept on the job and shall be used
only as a record set and shall be delivered to the Community Services Director upon completion
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1. of the work. ' 3-5 DISPUTED WORK
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing
with Section 20104) which is set forth below:
Article 1.5 Resolution of Construction Claims
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20104. (a)(l) This article applies to all public works claims of three hundred seventy-five
thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor
and a public agency when the public agency has elected to resolve any disputes pursuant to
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,
except that "public work" does not include any work or improvement contracted for by the state
or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (6) payment
of money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
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(c) The provisions of this article or a summary thereof shall be set forth in the plans or
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in wriiing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision
is intended to extend the time limit or supersede notice requirements otherwise provided by
contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond
in writing to any written claim within 45 days of receipt of the claim, or may request, in wriiing,
within 30 days of receipt of the claim, any additional documentation supporting the claim or
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency‘s written response to the claim, as further documented, shall be
submitted to the claimant within 15 days after receipt of the further documentation or within a
period of time no greater than that taken by the claimant in producing the additional information,
whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to
all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days
of receipt of the claim, any additional documentation supporting the claim or relating to defenses
to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the claimant in producing the additional information
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to
respond within the time prescribed, the claimant may so notify the local agency, in wriiting,.either
within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s
failure to respond within the time prescribed, respectively, and demand an informal conference
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency
shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute,
the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of .those provisions, the running of the period of time within which a claim
must be filed shall be tolled from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall
be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
201 04.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation
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specifications for any work which may give rise to a claim under this article.
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of both parties. The mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15-day period, any party may
petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of
Civil Procedure, notwithstanding Section 1 141.11 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 201 6) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought under the subdivision consistent with the rules
pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be
paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 11 41.1 0) Title 3 of Part 3 of the Code
of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo
but does not obtain a more favorable judgment shall, in addition to payment of costs and fees
under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the
mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate
on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
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To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Community Services Director or his appointed
representative. The Community Services Director shall have free access to any or all parts of
work at any time. Contractor shall furnish Community Services Director with such information
as may be necessary to keep her/him fully informed regarding progress and manner of work
and character of materials. Inspection of work shall not relieve Contractor from any obligation
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Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing materials
and/or workmanship where the results of such tests meet or exceed the requirements indicated
in the Standard Specifications and the Special Provisions. The cost of all other tests shall be
borne by the Contractors.
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At the option of the Community Services Director, the source of supply of each of the materials
shall be approved by him before the delivery is started. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after trial, it is found that
sources of supply which have been approved do not furnish a uniform product, or if the product
from any source proves unacceptable at any time, the Contractor shall furnish approved material
from other approved sources. After improper storage, handling or any other reason shall be
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All backfill and subgrade shall be compacted in accordance with the notes on the plans and the
SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceed
the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Community
Services Director. The costs of any retests made necessary by noncompliance with the
specifications shall be borne by the Contractor.
Add the following section: I 4-1.7 Nonconformina Work
The contractor shall remove and replace any work not conforming to the plans or specifications
upon written order by the Community Services Director. Any cost caused by reason of this
nonconforming work shall be borne by the Contractor.
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known records,
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the
work. However, the accuracy of completeness of the utilities indicated on the Plans is not
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5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service connection,
desired by the Contractor for his/her own convenience shall be the Contractor’s own
responsibility, and he/she shall make all arrangements regarding such work at no cost to the
City. If delays occur due to utilities relocations which were not shown on the Plans, it will be
solely the Crty’s option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with the construction, the Contractor, upon request to the City, may be
permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted
shall be constructed by the Contractor immediately following the relocation of the utility involved
unless othenvise directed by the City.
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6-1 CONSTRUCTION SCHEDULE
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Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
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1. The prime contractor is required to prepare in advance and submit at the time of the pr~ject preconstruction meeting a detailed critical path method (CPM)
project schedule. This schedule is subject to the review and approval of the City.
The schedule shall show a complete sequence of construction activities,
ident’tfying work for the complete project in addition to work requiring separate
stages, as well as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50% and 90% completion,
and any other major construction milestones, materials and equipment
manufacture and delivery, logic ties, float dates, and duration.
The prime contractor shall revise and resubmit for approval the schedule as
required by City when progress is not in compliance with the original schedule.
The prime contractor shall submit revised project schedules with each and every
application for monthly progress payment identtfying changes since the previous
version of the schedule.
The schedule shall indicate estimated percentage of completion for each item of
work at each and every submission.
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5. The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to withhold up
to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the aforementioned
provisions.
No changes shall be made to the construction schedule without the prior written approval of the
Community Services Director. Any progress payments made after the scheduled completion
date shall not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflicting utilities
shall be requirements prior to commencement of work by the Contractor.
6-5 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by
other public agencies, including but not limited to, enforcement of the Endangered Species Act
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6-5 TERMINATION OF CONTRACT
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Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by
other public agencies, including but not limited to, enforcement of the Endangered species Act
and other similar laws.
6-7 TIME OF COMPLETION
The Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed"
and shall diligently prosecute the work to completion within 30 consecutive days after the date
of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and
sunset, from Mondays through Fridays. The contractor shall obtain the approval of the
Community Services Director if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of the
Community Services Director. This written permission must be obtained at least 48 hours prior
to such work. The Contractor shall pay the inspection costs of such work. 8
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any
fautty work or materials discovered during the guarantee period shall be repaired or replaced
by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall
be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES I Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $100 per day for each day beyond the completion date as liquidated damages for the delay. Any progress
payments made after the specified completion date shall not constitute a waiver of this
paragraph or of any damages.
7-3 LIABILITY INSURANCE
Add the following:
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All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at
least A-:V and are admitted and authorized to conduct business in the state of California and
are listed in the official publication of the Department of Insurance of the State of California.
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7-4 WORKERS’ COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the official publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the requirement
for workers’ compensation insurance.
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Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and
building permits necessary to perform work for this contract on City property, in streets,
highways (except State highway right-of-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days at
the City’s request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in good
repair when in use on the project with special attention to City Noise Control Ordinance NO.
31 09, Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work and
shall comply with all applicable provisions of Federal, State and Municipal safety laws and
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building codes to prevent accidents or injury to persons on, about, or adjacent to the premises
where the work is being performed. He/she shall erect and properly maintain at all time, as
required by the conditions and progress of the work, all necessary safeguards for the protection
of workers and public, and shall use danger signs warning against hazards created by such
features of construction as protruding nails, hoists, well holes, and falling materials.
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7-13 LAWS TO BE OBSERVED
Add the following:
Municipat ordinances which affect this work include Chapter 11.06. Excavation and Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for
use in the proposed construction project which would be subject to Section 1601 or Section
1603 of the Fish and Game Code, such conditions or modifications established pursuant to
Section 1601 of the Fish and Game Code shall become conditions of the contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
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Moddy Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount of
retention. Io 10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil Community Services Director
to perform necessary surveying for this project. Requirements of the Contractor pertaining to
this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying
service within appropriate items of proposal. No separate payment will be made.
Survey stakes shall be set and stationed by the Contractor’s surveyor for curbs at 50’ intervals
(25’ intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, storm
drains, and structures (4 corners min.). Rough grade as required to satisfy cut of fill to finished
grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line base
grade of streets as required by Community Services Director.
Contractor shall protect in place or replace all obliterated survey monuments as per Section
8771 of the Business and Professional Code.
Contractor shall provide Community Services Director with 2 copies of survey cut sheets prior
to commencing construction of surveyed item.
5/1/95 I. @
43
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction under
this contract. The Contractor shall contact the appropriate water agency for requirements. The
contractor shall include the cost of water and meter rental within appropriate items of the
proposal. No separate payment will be made.
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II. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
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1 FOR CONSTRUCTION MATERIALS
(NOTE TO PROJECT MANAGER: These supplemental provisions for materials and work comprise the
technical or detail specifications and must be tailored to each project using the design Community
Services Director's experience and judgment. The Standard Special Provisions by the Regional
Standards Committee is a good reference,)
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200-2 UNTREATED BASE MATERIAL
Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag base (Section
200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-1 PORTLAND CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Mod* Section 201-1.2.1, Portland Cement, as follows:
First paragraph, first sentencz amend to read: "All cement to be used or furnished shall be low
alkali and shall be either Type i or Type I1 Portland Cement conforming to ASTM C 150, or Type
IP (MS) Portland Pozzolan Cement conforming to ASTM C 595, unless otherwise specified."
Modify Section 201 -1 2.3, Water, as follows:
Second paragraph replace "1,000 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of sulfates."
Third paragraph replace "800 ppm (mg/L) of sulfates' with "1,300 (mg/L) ppm of sulfates."
(b) Air-entraininq Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowed. The air
content of freshly mixed concrete will be determined California Test Method No. 504."
Modify Section 201 -1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:" Also
delete table.
Modrfy Section 201 -1.4.3, Transit Mixers, as follows:
Add after listing of information for weighmaster's certificate: "Transit mixed concrete may be
certified by mix design number, provided a copy of the mix proportions are kept on file at the
plant location for a period of 4 years after the use of the mix."
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201-2 STEEL REINFORCEMENT FOR CONCRETE
No changes.
5/1 /Q! I. @
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203-6 and 400-4 ASPHALT CONCRETE
Asphaft concrete shall be class C2-AR 4000, C3-AR 4000, or Type Ill C3-AR 4000.
Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete "and from the Community Services Director's field laboratory."
Last paragraph, add after D 2172: "method A or B."
Modify Section 203-6.8, Miscellaneous Requirements, as follows:
Add the following: "Open graded asphalt concrete stored in excess of 2 hours, and any other
asphalt concrete stored in excess of 18 hours, shall not be used in the work."
Modify Section 400-4.1, General, as follows:
Second paragraph, amend to read: "Unless otherwise specified, AR-4000 paving grade asphalt
shall be used for Type Ill asphaltic concrete, and AR-8000 paving grade asphalt shall be used
for asphalt concrete dikes."
Modify Section 400-4.2.4, Fine Aggregate, as follows:
Add: 'The total amount of material passing the No. 200 sieve shall be determined by washing
the material through the sieve with water. No less than 1/2 of the material passing the No. 200
sieve by washing shall pass the No. 200 sieve by dry sieving."
Add the following paragraph: "Fine aggregate shall be tested for soundness in accordance with
ASTM D-1073, and shall not exceed fifteen percent (1 5%) loss by weight.'
Modify Section 400-4.3, Combined Aggregates, as follows:
First paragraph, add: "ASTM D2419 Test Method may be alternated for Test Method No. Calif.
217."
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CLASS 82
SI EVE I NDlVl DUAL MOVING
SIZES TEST RESULT AVERAGE
100
90-1 00
80-90
60-75
40-55
27-40
12-22
3-6
1" (25 mm) 100
1 /2" (1 3 mm)
3/4" (1 9 mm) 87-1 00
75-95
3/8" (1 0 mm) 50-80
No. 4 30-60
No. 8 22-44
No. 30 8-26
No. 22 1 -8
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INDIVIDUAL MOVING
TEST RESULT AVERAGE
100 100
90-1 00 95-1 00
85-1 00 85-95
60-84 65-80
40-60 45-60
24-50 30-45
1 1-29 15-25
1 -9 3-7
4.6-6.0
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After the last paragraph, add the following:
The aggregated from each separate bin for asphatt concrete, Type Ill, except for the bin
containing the fine material shall have a Cleanness Value as noted in the added "Table of Sand
Equivalent and Cleanness Values" and as determined by Test Method No. Calif. 227, modified
as follows:
Tests will be performed on the material retained on the No. 8 sieve from each bind and will not
be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loading of the
entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch diameter, No. 8
sieve.
Where a coarse aggregate bind contains material which will pass the maximum size specified
and be retained on a 3/8 inch sieve, the test specimen weight and volume of wash water
specified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after discharge from
each bin of the batching plant or immediately prior to mixing with asphatt in the case of
continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately computed and
reported.
Modify Section 400-4.4, Storing, Drying and Screening Aggregates, as follows:
After fifth paragraph, add: "When the Contractor adds supplemental fine aggregate, each such
supplemental fine aggregate used shall be stored separately and kept thoroughly dry.
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I 204-1 LUMBER AND PLYWOOD
Header for bituminous pavement shall be construction grade Redwood, or treated construction B grade Douglas Fir.
204-2 TREATMENT WITH PRESERVATIVES
No change. 8
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207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required under Paragraph 3, 207-2.1, is waived.
210-1 PAINT
Paint for striping shall be white.
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111. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION FOR CONSTRUCTION METHODS
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301-2 UNTREATED BASE
No change.
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302-5 ASPHALT CONCRETE PAVEMENT
A prime coat is not required for this contract. A seal coat is required and shall conform the
Section 302-5.9 of these supplemental provisions.
Modify Section 302-5.1, General, as follows:
Paragraph 1, replace "Section 203-6" with "Section 400-4."
Last paragraph, add: "All testing of underground installations at any given point shall be
completed before the surfacing is placed at that point."
Modify Section 302-5.2, Prime Coat, as follows:
After "grade Sc-250" add "or MC 70."
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
Modify Section 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
'Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Community
Services Director.:
After last paragraph, add: "Unless directed by otherwise the Communrty Services Director, the
initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this
Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price bid for asphak
concrete.
Add the following:
302-5.9. Seal Coat
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All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The seal coat
shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asphaltic emulsion
shall be mixing type conforming to Section 203-3, "Emulsion Asphalt." Sand shall be clean and
dry.
Immediately before applying asphattic emulsion, the surface to be seal-coated shall be
thoroughly cleaned of all dirt and loose material. Asphaltic emulsion shall not be applied when
the street is overly wet or when the atmospheric temperature is below 50 degrees Fahrenheit.
The asphaltic emulsion shall be applied by use of a power spraying device that uniformly
applies the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard. The
distributor spray bar shall be equipped with asphaltic emulsion-type spray jets. Curbs, gutters,
and other adjoining improvements shall be carefully protected from the emulsion, and any such
improvements spattered or touched with emulsion shall be carefully cleaned.
Immediately after the application of asphaltic emulsion, a cover coat of sand shall be spread at
the rate of 6 to 12 pounds per square yard. After the sand has been spread, any piles, ridges,
or uneven distribution shall.be broomed to maintain an even layer over the surface. Five days
after the seal coat has been applied, the surface shall again be broomed and any excess sand
shall be picked up and removed from the job. The Community Services Director may authorize
the sand to be broomed, picked up and removed from the job after 2 or more days.
303-2 AIR-PLACE CONCRETE
No changes.
306-1 OPEN TRENCH OPERATIONS
18" RCP shall have a minimum cover of one (1) foot below finished grade. Bedding may be
aggregate base per these specifications.
Compaction shall be a minimum of 90% density and backfill shall be mechanically compacted. I
31 0-5 PAINTING VARIOUS SURFACES
Modlfy Section 31 0-5.6.10, Painting Traffic Striping, Pavement Markings and Curb Markings, as
follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid documents.
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IV. SUPPLEMENTAL PROVISIONS FOR
CONSTRUCTION MATERIALS I
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1 HOLIDAY PARK
Steelworks play apparatus to contain:
0 6 decks
0 PVC therapeutic transfer point
0 double slide
curved loop climber
0 PVC step
0 spiral climber
suspension bridge
climbing pole
0 ladder
0 wall for decks (3)
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tic tac toe panel, wall with wheel
1 * Note: Existing wave slides (2) and existing cyclone slide (1) to be reinstalled
The products supplied shall meet the following specifications:
STEELWORKS
Square Decks (61: 54-3/4" square decks shall have a total deck top surface area of
20.5 sq. ft. (2950 sq. in.) and shall be constructed of #9 x 3/4" rolled expanded sheet
metal decking with 3/16 x 2" x 3 angle frame. The decks shall have 3/16l x 1-1/2"
flat steel braces. All components shall be welded by a certified welder and primed.
This assembly shall have a Mira-therm finish (polyvinyl chloride coating). The deck
measures 54 3/4" x 54 3/4" after coating. The deck edges shall be pre-punched to
allow flush attachment of play components.
Steel Posts: shall be fabricated of 4" x 4" 13 ga., 1010 hot rolled, Flo-Coat
galvanized tube, manufactured from steel, cold formed and high frequency induction
welded continuously. This provides high yield and tensile strengths and conforms to
ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. This pipe
shall have triple coat corrosion protection. The first coating shall be a hot-dipped
uniform zinc galvanized coating. Second, a chromate conversion coating shall be
applied. Finally, the third coat shall consist of a clear high performance organic
polymer coating. The interior shall have 81% minimum zinc rich primer applied,
capable of providing excellent rust protection and fabrication characteristics. All
coatings shall be applied inside and out after welding for superior corrosion
protection throughout the synergism of these three coatings provides a corrosion
protection that out-performs galvanized schedule 40 pipe in salt spray tests
conducted in accordance with ASTM B-117. The minimum mechanical properties of P
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the 4 tubing shall be a yield strength of 50,000 p.s.i. and a tensile strength of 55,000
p.s.i. 4" square endcaps shall be mechanically fastened to the top end of the post in
the factory to resist vandalism.
Fasteners: Bolts, nuts, screws, washers and other hardware used in the assembly 01
Steelworks units shall be corrosion resistant 18-8 stainless steel or an ASTM A 153
mechanically galvanized fastener. All necessary hardware shall be provided. i
1 SLIDES:
I All fastener hardware for the slide components shall be corrosion resistant 18-8
stainless steel fastener or an ASTM-A153 mechanically galvanized fastener.
Cvclone Slide: shall be factory assembled with the slide bedway constructed of 3/1€
to 1/4# wall Rockite which shall be 30" wide with a 15" high sidewall. The center post
shall be 4l pipe. The slide ramp shall be constructed of 5/16" x 2" x 3" angle frame
with 3/16 x 1 1/2" flat braces and 3/4" x #9 expanded metal decking and measures
30" x 42". The step assembly shall be constructed ofq3/4" x #9 expanded metal with
1/4" x 2" flat top bracket and side channels of 11 ga. black steel. The step assembly
rise shall be 10" high and the width shall be 6 5/16". Handrail uprights, handrails and
handbolds shall be constructed of 1" pipe. Slide enclosures shall have no gap
greater than 3 1/2". The "T" front leg shall be constructed of a vertical 2 pipe and a
horizontal 1 1/4" pipe, solid welded. The platform canopy shall be Rockite, painted
alternating color with polyurethane paint. For models with Rockite barrels, the
platform shall be 35" overall diameter, shall have a molded in slide canopy and shall
be constructed of double wall Rockite. For models with steel barrels, the platform
shall be die-formed with all welded construction. The walls and floor shall be made 01
11 gauge A-60 galvanized sheet steel. The mounting sleeve shall be 5" tubing. The
handrails, uprights, and front legs shall have a Mira-Cote finish. The slide platform
shall have a Perma-Guard finish. The Rockite platform and canopy shall have color
molded in. The step assembly and ramp shall have a Mira-therm finish. The slide
bedway shall have alternating color sections.
Wave Slides: Reinstall existing which is constructed of Rockite with a wall thickness
of 3/16" to 1/4". The overall width shall be 26' and the sliding surface shall be 18
wide with 5" high side rails. The slide entry panel shall be constructed of Rockite.
The slide thru area shall be 30" wide x 27" high with a radius of 15 degrees. The "T"
front leg shall be constructed of a vertical 2.pipe and a horizontal 1 1/4" pipe, solid
welded. The "c' legs shall be constructed of 1 114" pipe. They shall be bent in a "c'
shape and shall have a plastic pipe plug inserted in the top end. The leg brackets
shall be cast out of aluminum alloy. The legs and leg brackets shall have a Mira-Cote
finish. The Rockite slide sections and entry panel shall have molded in color. The
bedway shall have alternating color sections.
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Side bv Side Slide: The slide shall be constructed of Rockite with "T" nuts incorporated internally for securing the legs and in the end connecting to the deck.
The dimensions are: each bedway width 17", outside overall 42, rail width 3", top of
bedway to top of rail 4 1/2", and bedway thickness shall be 3". The Model 700
bedway length shall be 5'5". The "T" front leg shall be constructed of a vertical 2"
pipe and a horizontal 1 1/4" pipe, solid welded. The handhold assembly shall be
constructed of 1 I' pipe. The Rockite slide shall have color molded in. The leg and
handhold assembly shall have a Mira-Cote finish.
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STAl RS:
All fastener hardware for the stair components shall be a corrosion resistant 18-8
stainless steel fastener or an ASTM-A153 mechanically galvanized fastener.
ATA Stairs (access-to-all): Pod Model 959 step assemblies shall be used a an entr
or exit between 3' and 5' decks. The step assembly shall consist of a top end plate
and gussets, girder plates, a mounting support angle and step anchor plates all
constructed of 7 ga. G-90 Galvanized steel. The entire assembly shall be solid
welded except (Pod Model) which shall have the Ball & Clamp handrail system. The
handrail assembly shall consist of a top and bottom constructed of 1" pipe, formed
with uprights constructed of 1" tube, formed. The in-line treads shall be constructed
of 3/16" wall Rockite and filled with Mira-Foam. All corners of the tread shall be
rounded. The step and handrail assemblies shall have a Mira-Cote finish. The
Rockite stair treads shall have molded in color.
PVC Therapeutic Transfer Point 7 PVC Steps: The model 965 therapeutic transfer
points allow for access to a 3' deck. This allows a person to transfer out of a
wheelchair onto "a deck system. The step assembly shall be constructed of 11 ga.
steel stringers with 3/4" x #9 expanded metal decking and shall be solid welded
measuring 26 1/2 wide x 14" deep with the rise 15" and all following 7" for model 96!
The handrail assembly shall be constructed of a 1" pipe with infill of 1" tube, drilled a
solid welded. The step assembly shall have a Mira-therm finish. The handrail 1 assemblies shall have a Mira-Cote finish.
1 CLlM BERS:
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ClimbinQ Pole & Spiral Climber: The climbing pole shall be constructed of 1" pipe
The spiral climber shall be entirely constructed of 1" pipe, formed, drilled and all solic
welded construction with plastic pipe plugs inserted in open ends. The enclosure
assembly consists of top supports, a bottom support, and an arched upright, which
shall be constructed of 1" pipe, drilled, formed, and mashed, and vertical runs which shall be constructed of 1" tube. The enclosure assembly shall be solid welded. The
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climbing pole and spiral climber and shall have Mira-Cote finish. All fastener
hardware shall be corrosion resistant 18-8 stainless steel.
Vertical Ladder: The ladder shall consist of side rails and rungs constructed of 1"
pipe, all solid welded. All fastener hardware shall be corrosion resistant 18-8 stainles:
steel. The ladder shall have a Mira-Cote finish.
Curved Loop Climber: The side rails shall be curved 1 1/2# pipe with blind fasteners
inside both ends with curved rungs constructed of 1" tubing, die formed and welded
to side rails. Dimensions shall be 22l wide and 8' long. The deck enclosure shall
consist of a top rung and uprights which shall be constructed of 1" pipe drilled
formed and mashed. The deck enclosure shall be solid welded. All fastener
hardware shall be corrosion resistant 18-8 stainless steel. Loop climber and
handhold shall have a Mira-Cote finish.
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BRIDGES
PVC Suspension Bridae: Bridge sections and fill blocks shall be of solid welded
construction. The steel bridge sections shall have 2 x 3 x 3/16 angle frames, 3/16 x 1
1/2" flat braces and 9 gauge expanded metal decking. Sections shall measure 10
1/2" x 40" x 3 1/4". Fill blocks shall be constructed of 1/4 x 3' steel flat and 11 ga. x
1/2" expanded metal. Blocks shall measure 3" x 5" x 40". Bridge sections and fill
blocks shall be finished in Mira-therm. The bridge enclosure assembly shall consist
of a top and bottom rail, and end uprights, all constructed of 1" pipe. The entire
enclosure assembly shall be solid welded. The bridge rails shall have a Mira-Cote
finish.
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ACTIVITY PANELS
Wall Enclosure/Wall with Wall: The wall enclosure rungs shall be constructed of 1"
pipe, the uprights shall be constructed of 1" tube and shall be solid welded. The
mounting bracket shall be 11 gauge A-60 Galvanized sheet steel, welded to the wall
enclosure. **The steering wheel shall be cast aluminum alloy. All fastener hardware
shall be corrosion resistant 18-8 stainless steel. The wall enclosure rungs, uprights,
steering wheel, and steering wheel mounting bracket shall have a Mira-Cote finish.
Tic Tac Toe Panel: The cylinders shall be blow molded polyethylene. The frame
shall be bolted together in the factory and fabricated of 1" pipe. Horizontal pipes
shall have threaded aluminum inserts staked at each end. Vertical pipes shall have
plastic pipe plugs installed. All fastener hardware shall be corrosion resistant 18-8
stainless steel. The frame shall have a Mira-Cote finish. Cylinders shall be
polyethylene with color molded in. "XI and "0' shall be hot-stamped in black.
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R STAGECOACH PARK
Kids' Choice play equipment which shall consist of the following pieces:
0 Transfer point single step
0 Side by side slide
0
0 Arch bridge
0 Horizontal inclined ladder
0 Spiral climber'
0 Tube slide
0 Cyclone slide
0 Loop climber
0 Bubble panel
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0 Spider climber
0 Climbing pole
0 Web climber
0 Wave slide
0 Thunderbolt slide
0 Tic-Tac-Toe panel
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3 ft. high deck with square roof (2)
Double rail with end climber
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A.T.A. (access to all) bridge stairs
5' high deck hexagon shape with roof
Stair bridge A.T.A. 3' to 6'6
6' 6" deck octagon shape
The above equipment shall meet the following specifications:
SUDpOt? Posts
The posts shall be 5" O.D. 11 GA, 1010 hot rolled, Flo-Coat, galvanized tubing
manufactured from steel, cold formed and high frequency induction welded
continuously. This shall provide high yield and tensile strength and conform to ASTM
A-135 and ASTM A-500 and shall be tested in accordance with ASTM E-8. The tubin!
shall have triple coat corrosion protection. The first coating shall be a hot-dipped
uniform zinc galvanized coating. The second coating shall be a chromate conversion
coating. Finally, the third coat shall consist of a clear high performance organic
polymer coating. The interior shall have 81% minimum zinc rich primer applied,
capable of providing excellent rust protection and fabrication characteristics. The
minimum mechanical properties of the 5" tubing shall be a yield strength of 50,000
p.s.i. and a tensile strength of 55,000 p.s.i.
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Deck Enclosures
Shall have no gap greater than 3-1/4',
End Caps
5" end caps shall be cast aluminum alloy.
Clamps
Each clamp shall consist of two "half ring" pieces which shall be designed to clamp
onto the 5" O.D. round posts by the use of a male/female interlock. Outside
dimension of the completed clamp (joined half rings) shall be 6-1/2". Rungs and
components shall be attached to the clamps by means of a socket receptor which
shall slide onto a clamp half before it is joined with its counterpart and shall be
secured to the clamp and component by set screws.
Decks
All decks shall be constructed with 2l x 3 x 3/16" steel angle perimeter frames with
1/2" x #11 expanded metal decking. The decking shall have 3/16, x 1-1/2" flat steel
braces. All decks shall be assembled by certified welders and primer coated. All
deck surfaces shall have a Mira-therm finish.
Fasteners
Bolts, nuts, screws, washers, and other hardware shall be stainless steel corrosion
resistant 18-8 stainless steel. All necessary hardware shall be provided.
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Plastic pipe plug shall be injection molded polypropylene which contains U.V. light
stabilizers. Plastic pipe plugs shall be inserted in all open ends of pipe.
COMPONENTS
Hex Roofs
Hex roof for the hex deck shall measure 103" in diameter x 29-1/4# tall with a 31"
diameter x 8" tall polycarbonate bubble at the center. The roof shall have molded in
color. The roof adapter shall have a Mira-cote finish.
Square Roofs
Square Rockite roofs shall measure 60" square by 32" high and shall be constructed
of double wall Rockite with a shingle pattern, The roof shall have molded in color.
The roof brackets shall have a Mira-cote finish.
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SLIDES
Cvclone Slide
Cyclone slides shall be factory assembled with the slide bedway constructed of 3/16"
to 1/4" wall Rockite which shall be 30" wide with a 15" high sidewall. Platform and
canopy shall be Rockite and the barrel shall have molded in view slots. The step
assembly shall be constructed of 1/2" x #11 expanded metal with 1/4" x 2l flat top
bracket and side channels of 7 ga. steel. The deck enclosures shall consist of
vertical supports, top and bottom support bars and uprights. The Cyclone shall
consist of 1-1/2 full turns with an overall height of 12'. The entire assembly shall be
solid welded. The Rockite barrel and canopy shall have color molded in. The step
assembly shall have a Mira-therm finish.
Thunderbolt Slide
The steps shall be constructed of 1/2" x 11 ga. expanded metal with stringers of 7 ga.
sheet. The tread, riser, and sides shall be one piece. The 90 degree elbows shall be
constructed of Rockite and have an inside diameter of 24l with a wall thickness of
approximately 1/4". Each end has a 1" wide flange. The centerline radius of the 90
degree elbow shall be 34". The 29 degree exit section shall be constructed of double
wall Rockite with a 34" centerline radius and dimensions similar to the tube above.
The leg bracket shall be cast aluminum alloy. The center pole shall be 4" pipe and
measure 18' long, formed. The Thunderbolt slide shall be fully enclosed and have
one full turn and an overall height of 10'. Step and platform enclosures and top and
bottom step plates, slide support legs, and front legs shall be finished in Mira-cote.
Rockite panel and slide assembly shall have color molded in.
Side bv Side Slide
The slide shall be constructed of Rockite with "T" nuts incorporated internally for
securing the legs and in the end connecting to the deck. The dimensions shall be:
each bedway width 17", outside overall 42", rail width 3", top of bedway to top of rail
4-1/2", and bedway thickness is 3".
Wave 81 Hurricane Slides
Rockite Wave & Hurricane slides shall have sections that are constructed of Rockite
with a wall thickness of 3/16" to 1/4". The overall width is 26" and the sliding surface
is 18" wide with 4" high side rails. The slide entry panel shall be constructed of
Rockite. The slide through area shall be 30" wide x 27" high with a radius of 15
degrees. The bottom bedway leg shall be constructed of 1-1/4" pipe. The legs shall
be bent in an "L" shape and shall have a plastic pipe plug inserted in the top end.
The leg brackets shall be cast out of aluminum alloy. All hardware shall be fastener
style A. The legs and leg brackets shall have a Mira-cote finish. The Rockite slide
sections and entry panel shall have molded in color.
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Tube Slides
The panels shall be Rockite and measure 38" x 26" x 2-1/2 with a molded in 30
degree extension. The panel rungs shall be constructed of 1" pipe and measure 44"
long. The straight tube section shall be Rockite and measure 46" long with an inside
diameter of 24". Each end shall have a 1" wide flange. The elbow shall be Rockite.
The male flange shall be 1" deep, the female flange shall be 1-112" deep, 24" in
diameter. The 29 degree exit section shall be Rockite. The exit section shall have a
34" centerline radius and dimensions similar to the tube above. The leg bracket shall
be constructed of aluminum alloy. The front legs shall be constructed of 1-1/2"
tubing. "L" legs shall be constructed of 1-1/4" pipe. Rockite panel and slide shall
have molded in color. Legs and leg brackets shall have a Mira-cote finish.
Steo Assemblies
PVC steps shall be constructed of 7 ga. steel stringers. The step enclosures,
enclosure, and deck enclosure supports are all solid welded with 1" pipe and 1" tube.
PVC Transfer Point
The step assembly shall be constructed of 11 ga. steel stringer with 1/2l 11 ga.
expanded metal decking and shall be solid welded measuring 26-1/2" deep with the
rise of 6" in steps. The handrail assembly and deck enclosure shall be constructed of
a 1" pipe with infill of 1" tube and are solid welded. The step assembly shall have a
Mira-therm finish. The deck enclosures and handrail assemblies shall have a Mira-
cote finish.
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CLlM BERS
Climbinq Pole
Climbing pole shall be constructed of 1" pipe. The deck enclosures shall consist of 1
pipe. The uprights shall be constructed of 1" tube. The entire assembly shall be
solid welded and have a Mira-cote finish. Opening space to go from the deck to the
climber shall be less than 14".
SPider Climber
The pole and "U" shaped rungs shall be die-formed 1" pipe and shall be solid welded.
The deck enclosures shall consist of 1" pipe the uprights shall be constructed of 1"
tube. The entire assembly shall be solid welded and have a Mira-cote finish.
Opening space to go from the deck to the climber shall be less than 14".
Spiral Climber
The spiral climber shall be entirely constructed of 1" pipe, formed, drilled and all solrd
welded construction. The deck enclosures shall consist of 1" pipe. The uprights shall
be constructed of 1" tube. The entire assembly shall be solid welded and have a
Mira-cote finish. Opening space to go from the deck to the climber shall be less than
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Horizontal Ladder
The horizontal ladder shall be available in multiple configurations and shall be able to incline. The incline ladder shall have a 1' incline. The ladder rails shall be
constructed of 1" pipe. Ladder rungs shall be constructed of 1" pipe and shall be
solid welded construction. The posts shall be constructed of the same material as the
deck posts. The end climber assembly shall be constructed of 1" pipe, formed
measuring 63" x 48". The assembly shall be solid welded. The posts and ladder
assemblies shall have a Mira-cote finish.
Sinqle & Double Rails
These are available in multiple configurations. The ladder rails shall be constructed 0'
1" pipe. Ladder rungs shall be constructed of 1" pipe and shall be solid welded
construction. The posts shall be constructed of the same material as the deck posts.
The end climber assembly shall be constructed of 1" pipe, formed measuring 63l x 48". The assembly shall be solid welded. The posts and ladder assemblies shall
have a Mira-cote finish. Opening space to go from deck to climber shall be less than
14".
Web Climbers
Web climber panel shall be constructed of Rockite and measure 37" high x 2-1/2"
deep. All corners of the panel shall be rounded. The cable shall be constructed of
1/4" diameter woven wire rope with 1/8" thick vinyl coating. The cross rings shall be
low density injections molded polyethylene measuring 3" diameter. The cable clamps
shall be two piece slum block clamps, covered with cross ring covers. The hanger
ring shall be constructed of 26-13/16" O.D. x 24-1/2' I.D. 7 ga. galvanized steel circle.
Rockite panel and cross rings shall have molded in color. The enclosures and
clamps shall have a Mira-cote finish. Cable shall be color impregnable.
Curved LOOP Climber
The side rails shall be curved 1-1/2" pipe with blind fasteners inside top end with
curved rungs constructed of 1" tubing, die-formed and welded to side rails. The deck
enclosures shall consist of 1" pipe. The uprights shall be constructed of 1" tube. The
entire assembly shall be solid welded and shall have a Mira-cote finish. Opening
space to go from the deck to the climber shall be less than 14".
Arch Bridqe
The arch bridge shall be of a solid welded construction. Frames shall be 1" pipe,
braces 1/4# x 2-1/2" flat and decking 11 ga. expanded metal. The enclosures shall be
of a solid welded consecution consisting of a top and bottom rail uprights and stubs
used for attaching clamps. Enclosure shall measure 36-1/2' x 96. The ramp shall
have a Mira-therm finish. The enclosures shall have a Mira-cote finish.
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PANELS
Bubble Panel
The bubble panel shall be constructed of Rockite and measure 38" long and 36" with
all corners rounded. The panel shall be 2-1/2 thick. The spherical bubble shall
measure 24" in diameter. Rockite panels have color molded in.
Wall panel
The wall enclosure shall consist of a welded assembly handrail system with a top and
bottom rail constructed of 1" pipe. The entire assembly shall be solid welded and
have a Mira-cote finish.
Tic Tac Toe Panel
The Tic Tac Toe panel shall be factory assembled. The cylinders shall be blow
molded polyethylene. The frame has a Mira-cote finish. Cylinders have color molded
in. "X" and "0" are hot stamped in black. 1
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I CALAVERA PARK
New Steelworks equipment to attached to existing equipment shall contain:
1. 3 ft. high deck
2. Ski slide
3. PVC therapeutic transfer point
4. Spider climber 1 5. PVC step to 5 ft. high deck
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The above equipment shall meet the following specifications:
Clamps: Inside dimensions shall be 3-15/16" and shall be designed to clamp onto
the 4" square tubing posts. Outside dimensions shall be 6-3/4" x 6-3/4". Recesses o two sides shall be 1-318" 0.d. and 2-3/4" deep. These secure the various component
rungs and shall be secured by set screws.
Square Decks: 54-3/4" square decks shall have a total deck top surface area of 20.C
sq. ft. (2950 sq. in.) and shall be constructed of #9 x 3/4" rolled expanded sheet
metal decking with 3/16" x 2 x 3" angle frame. The decks shall have 3/16" x 1-1/2
flat steel braces. All components shall be welded by a certified welder and primed.
This assembly shall have a Mira-therm finish (polyvinyl chloride coating). The deck
measures 54 3/4" x 54 3/4" after coating. The deck edges shall be pre-punched to
allow flush attachment of play components.
Steel Posts: shall be fabricated of 4" x 4" 13 ga., 1010 hot rolled, Flo-Coat
galvanized tube, manufactured from steel, cold formed and high frequency induction
welded continuously. This provides high yield and tensile strengths and conforms to
ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. This pipe
shall have triple coat corrosion protection. The first coating shall be a hot-dipped
uniform zinc galvanized coating. Second, a chromate conversion coating shall be
applied. Finally, the third coat shall consist of a clear high performance organic
polymer coating. The interior shall have 81% minimum zinc rich primer applied,
capable of providing excellent rust protection and fabrication characteristics. All
coatings shall be applied inside and out after welding for superior corrosion
protection throughout. The synergism of these three coatings provides a corrosion
protection that out-performs galvanized schedule 40 pipe in salt spray tests
conducted in accordance with ASTM 8-1 17. The minimum mechanical properties of
the 4" tubing shall be a yield strength of 50,000 p.s.i. and a tensile strength of 55,000
p.s.i. 4" square endcaps shall be mechanically fastened to the top end of the post in
the factory to resist vandalism.
Fasteners: Bolts, nuts, screws, washers and other hardware used in the assembly oi
Steelworks units shall be corrosion resistant 18-8 stainless steel or an ASTM A-1 53
mechanically galvanized fastener. All necessary hardware shall be provided.
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SLIDES
All fastener hardware for the slide components shall be a corrosion resistant 18-8 stainless steel fastener or an ASTM-A153 mechanically galvanized fastener.
Ski Slide: The slide shall be constructed of Rockite with aluminum bolting plates
incorporated internally for securing the legs and in the end connecting to the deck.
The dimensions are: bedway width 31-3/4", outside overall 38", rail width 3-1/8", top
of bedway to top of rail 4-1/2", and bedway thickness shall be 2". The 'TI front leg
shall be constructed of a vertical 2" pipe and a horizontal 1-1/4" pipe, solid welded.
The handhold assembly shall be constructed of 1" pipe that measures 29" long cente
to center. The Rockite slide shall have color molded in. The legs and handhold
assembly shall have a Mira-Cote finish.
STAIRS
All fastener hardware for the stair components shall be a corrosion resistant 18-8
stainless steel fastener or an ASTM-A153 mechanically galvanized fastener.
ATA Stairs (access-to-all): Pod Model 959 step assemblies shall be used as an
entry or exit between 3' and 5' decks. The step assembly shall consist of a top end
plate and gussets, girder plates, a mounting support angle and step anchor plates ai
constructed of 7 ga. G-90 Galvanized steel. The entire assembly shall be solid
welded except pod Models which shall have the Ball & Clamp handrail system. The
handrail assembly shall consist of a top and bottom constructed of 1" pipe, formed
with uprights constructed of 1" tube, formed. The in-line treads shall be constructed
of 3/16'' wall Rockite and filled with Mira-Foam. All comers of the tread shall be
rounded. The step and handrail assemblies shall have a Mira-Cote finish. The
Rockite stair treads shall have molded in color.
PVC Therapeutic Transfer Point & PVC Steps: (3' to 5' decks) The model 959 pv
step assembly shall be used to go between a 3' and 5' deck. The models 965
therapeutic transfer points allow for access to a 3' deck. This allows a person to
transfer out of a wheelchair onto a deck system. The step assembly shall be
constructed of 11 ga. steel stringers with 3/4" x #9 expanded metal decking and sha
be solid welded measuring 26 1/2 wide x 14" deep with the rise 15" and all followins
7" constructed of a 1" pipe with infill of 1" tube, drilled and solid welded. The step
assembly shall have a Mira-therm finish. The handrail assemblies shall have a Mira-
Cote finish.
CLIMBER
The spider climber pole and "U" shaped rungs shall be die-formed 1" pipe. The
climber shall be a welded assembly, The spider climber shall have a Mira-Cote finis1
All fastener hardware shall be corrosion resistant 18-8 stainless steel.
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LAGUNA RlVlERA PARK
Totville equipment to consist of:
1. PVC therapeutic transfer point
2. 3 ft. high deck with roof
3. Twister slide
4. Looper climber
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The Totville play equipment shall meet the following specifications:
TONILLE
Decks (2): 36" square decks shall have a total deck top surface area of 8.75 sq. ft.
(1260 sq. in.) and shall be constructed of #9 x 3/4" rolled expanded sheet metal
decking with 3/16l x 2" x 3" angle frame. The decks shall have 3/16" x 1 1/2 flat steel
braces. All components shall be welded by a certified welder and primed. This
assembly shall have a Mira-therm finish (polyvinyl chloride coating). The deck
measures 36 x 36" after coating. The deck edges shall be pre-punched to allow
flush attachment of play components.
Steel Posts: shall be fabricated of 3" x 3" 13 ga., 1010 hot rolled, Flo-Coat
galvanized tube, manufactured from steel, cold formed and high frequency induction
welded continuously. This provides high yield and tensile strengths and conforms to
ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. This pipe
shall have triple coat corrosion protection. The first coating shall be a hot dipped
uniform zinc galvanized coating. Second, a chromate conversion coating shall be
applied. Finally, the third coat shall consist of a clear high performance organic
polymer coating. The interior shall have 81% minimum zinc rich primer applied,
capable of providing excellent rust protection and fabrication characteristics. All
coatings shall be applied inside and out after welding for superior corrosion
protection throughout. The synergism of these three coatings provides a corrosion
protection that out performs galvanized schedule 40 pipe in salt spray tests
conducted in accordance with ASTM B-117. The minimum mechanical properties of
the 3" tubing shall be a yield strength of 50,000 p.s.i. and a tensile strength of 55,000
p.s.i. 3" square endcaps shall be mechanically fastened to the top end of the post in
the factory to resist vandalism.
Roof: shall be constructed of Rockite and measures 50" square. The roof attaches
to the posts with (4) roof brackets. The roof brackets shall be constructed of sheet, 7
ga. G-90 Galvanized. The roof shall have molded in color. The roof brackets shall
have a Mira-Cote finish.
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SLIDE:
All fastener hardware for the slide components shall be a corrosion resistant 18-8
stainless steel fastener or an ASTM-A153 mechanically galvanized fastener.
Twister Slide: The slide shall be constructed of Rockite. The 28 wide slide curves
left 80 degrees on a 34" centerline radius. The "T" front leg shall be constructed of a
vertical 2" pipe and a horizontal 1 1/4" pipe, solid welded. The handhold assembly
shall be constructed of 1" pipe. The Rockite slide shall have color molded in. The
legs and handhold assembly shall have a Mira-Cote finish.
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I STAl RS:
I All fastener hardware for the stair components shall be a corrosion'resistant 18-8
stainless steel fastener or an ASTM-A153 mechanically galvanized fastener.
PVC Therapeutic Transfer Point: The model 965 therapeutic transfer points allow
for access to a 3' deck. This allows a person to transfer out of a wheelchair onto a
deck system. The step assembly shall be constructed of 11 ga. steel stringers with
3/4" x #9 expanded metal decking and shall be solid welded measuring 26 l/Z wide
x 14 deep with the rise 15" and all following 7". The handrail assembly shall be
constructed of a 1" pipe with infill of 1" tube, drilled and solid welded. The step
assembly shall have a Mira-therm finish. The handrail assemblies shall have a Mira-
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I CLIMBERS
Vertical Ladder: The ladder shall consist of side rails and rungs constructed of 1"
pipe, all solid welded. All fastener hardware shall be corrosion resistant 18-8 stainless
steel. The ladder shall have a Mira-Cote finish.
Curved Loor, Climber: The side rails shall be curved 1 l/2" pipe with blind fasteners
inside both ends with curved rungs constructed of 1" tubing, die formed and welded
to side rails. Dimensions shall be 22" wide and 8' long. The deck enclosure shalt
consist of a top rung and uprights which shall be constructed of 1" pipe drilled
formed and mashed. The deck enclosure shall be solid welded. All fastener
hardware shall be corrosion resistant 18-8 stainless steel. Loop climber and
handholds shall have a Mira-Cote finish.
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1 ACTIVITY PANELS
Ball (Number Ball: The panels shall be constructed of Rockite and shall be
completely assembled at the factory. The number ball panel shall consist of a 9-hole
panel with 3" diameter polyurethane balls with numbers silk-screened on them. The
rungs shall have a Mira-Cote finish. The panels shall have molded in color.
Tic Tac Toe Panel: The cylinders shall be blow molded polyethylene. The frame
shall be bolted together in the factory and fabricated of 1" pipe. Horizontal pipes
shall have threaded aluminum inserts staked at each end. Vertical pipes shall have
plastic pipe plugs installed. All fastener hardware shall be corrosion resistant 18-8
stainless steel. The frame shall have a Mira-Cote finish. Cylinders shall be
polyethylene with color molded in. "X and "0" shall be hot-stamped in black.
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PLAYGROUND EQUIPMENT
COLOR CHART
Staaecoach Park
Decks and stairs - Red PVC
Posts - Dark Blue Powder Coat
Accents (climbers, railings) - White Powdercoat
Rockite (slides) - Dark Blue
Cyclone Platform - White
Cyclone Canopy - Red/Dark Blue
Cyclone, Thunderbolt, Wave, and Tube Slide shall have alternating color
Sections - Red, Dark Blue
Holidav Park
Decks and stairs - Brown PVC
Posts - Forest Green Powdercoat
Accents - Beige Powdercoat
Slides - Brown 1. Calavera Park
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Roofs - Red
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To match existing structure
Laquna Riviera I To match existing structure
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SPECIFICATIONS FOR HANDICAP ACCESSIBLE
PROTECTIVE PLAYGROUND SURFACING
"PLAYSAFE (Poured-in-Place Safety Surface)
General
Shall be a poured-in-place safety surface and shall be used as a resilient, shock
absorbing cushion under playground equipment. It shall be porous throughout,
entirely seamless and shall create a tight seal around the equipment. It shall be a
two (2) layer surface consisting of a soft cushion layer covered by a durable, weather
resistant wearing layer. It shall have the capability of installation and use over hard
surfaces such as asphalt, concrete or tile and loose aggregate surfaces such as dirt,
sand, gravel etc. All installations shall meet or exceed the Consumer Product Safety
Commission's guidelines for materials used under play apparatus. Once installed, the
surface cannot be relocated. Installation shall be by factory personnel with a
minimum of (5) years experience in rubber safety surfacing installations.
Cushion Course
Shall consist of a fifty/fifty combination by weight of strand and cuboidal SRB rubber
particles bonded by a 100% MDI based polyurethane binder applied to 100% of the
particles. The cushion course is a precise mixture of these three component parts
with an installed thickness of 1-1/2' to 3-1/4 inches as specified.
Wearincl Course
Shall be of EPDM Rubber granules, 1 mm - 4mm chipped, bonded by a 100%
polyurethane binder applied to 100% of the granules. The wearing course is a
precise mixture of these two parts with an installed thickness of 3/8 inch.
PolvproPvlene Fabric
Shall be used as a weed control blanket and shall pertain to installations over loose
aggregates only.
All Component Parts
Shall be pre-measured and sealed in individual containers for consistent quality
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Finish
The wearing course shall be hand troweled to produce an even, uniform surface.
Transition edges shall be beveled or flush.
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Overall Thickness
Shall be as specified using the minimum guidelines below. Thickness shall be showr on plans. @
Fall Heiaht Mat Thickness
4 ft. 1-314 in.
5 ft. 2 in.
6 ft. 2-1/4 in.
7 ft. 2-112 in.
8 ft. 2-3/4 in.
9 ft. 3-118 in.
10 ft. 3-112 in.
Color to be tan,
Test Specifications: ASTM 1292-91 ; ASTM F 355-86
Class A Flame Spread; ASTM E 108
All installations will meet or exceed the U.S. Consumer Product Safety Commission’s
Guidelines for Safety Surfaces as tested by the ASTM’s designation 1292-91,
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SPECIFICATIONS FOR SPORTFLOOR "TOTLER PIP"
PLAYGROUND SAFETY SURFACING
1. General Requirements I.
A. Safety Standards: The Totler PIP product shall be used as a safety
surface for play areas. The product shall meet or exceed the Consumer
Product Safety Commission guidelines for playground surfaces.
Specifically, the surface shall contain impact attenuation characteristics
that "yield both a peak deceleration of no more than 200 G's (G-max)
and a HIC (Head Injury Criteria) of no more than 1000, as tested
B. Accessibility Standards: The Totler PIP surface shall meet accessibility
requirements as stipulated in the Americans with Disabilities Act of 1991
(ADA). This means that the surface shall be firm enough to support
wheelchairs, crutches, and walkers.
Installation: The contractor shall properly install each layer of Totler PIP
to guarantee the impact attenuation characteristics outlined above, as
well as remain within accessibility guidelines. All the labor, materials,
and equipment shall be provided by the contractor to successfully
complete the installation process.
Warranty: The Totler PIP top layer, Sportfloor "Comfort" Turf, shall be
guaranteed by the manufacturer for 5 years. The PIP materials shall be
guaranteed by a 5-year manufacturer's warranty. Installation
workmanship is guaranteed for a 1 year period.
I according ASTM 1292.
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D.
B II. Surfacina Specifications
A. Surface Design: Totler PIP shall consist of two layers, synthetic sand-
filled turf over a poured-in-place (PIP) base. It shall feature a loose-lay
construction, with the turf layer weighted down by tons of sand over the
base layer. Turf seams and border edges shall be adhered and
secured. The PIP layer shall be installed over any level, 95% compacted
substrate, including concrete, asphalt, crushed stone, and sand.
B. Top Layer:
1) The top layer of Totler PIP shall consist of Sportfloor "Comfort" Turf,
an artificial, sand filled grass. "Comfort" Turf shall be a durable, all-
weather, water permeable surface consisting of "Thiolon LSR" fibers.
The fiber material shall be composed of 90% Polyethylene and 10%
Polypropylene (an olefin co-polymer) at 80 microns and 8800 DTEC. I.
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The fibers shall be fibrillated and UV-stabilized. Pile depth of the turf
shall be 20 mm with a total weight of 6.95 oz./ft2. The primary backing
shall be polypropylene woven strands with a latex backing.
2) Sand used to fill the turf shall be naturally rounded, silica sand with a grain size between 0.005 - 0.031 inches (0.125 - 0.8 mm).
3) The adhesive used to glue seams and edges shall be nontoxic and weather resistant. It shall be composed of Methylene Diphenyl
Diisocyanate (MDI)-based urethane prepolymer with a methyl ethyl
ketone solvent. No Toulene Diisocyanate (TDI)-based adhesive shall be
used.
C. Base Layer:
1.
1) The poured in place base layer shall consist of stranded passenger and truck tire tread rubber mixed with a polyurethane binder. The
rubber material shall consist of 3/8 buffings having a nominal specific
gravity of 1.16 free of fabric and foreign material.
2) A proper proportion of binder to total weight of rubber shall be used in the PIP mixture. The percentage of binder shall be no more than 16-
percent not less than 14-percent of the total rubber weight. Enough
binder shall be used to coat all rubber particles, ensuring consistency
and adhesion. The materials shall be accurately mixed and installed to
fully comply with safety standards.
3) The PIP base shall be installed at a minimum thickness of 2-1/4'. Base layer thicknesses can meet fall height requirements from 6 feet.
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Gledson/Cashman Construction
91 55 Archibald Avenue Suite 302
Rancho Cucamonga CA 91 730
RE: AMERICANS WITH DISABILITIES ACT PLAYGROUND IMPROVEMENTS,
CONTRACT NO. CSD 020
On October 3, 1995 the City Council adopted Resolution No. 95-285 awarding you the
subject contract in the amount of $1 39,921 .OO. Enclosed are the contract documents
which should be executed by you. Please return the completed contract documents
including bond forms and Certificates of Insurance within twenty (20) days to the City.
Each signature page should have the proper "All-Purpose Notarial Acknowledgement"
attached. If the Contractor is a corporation, an "All-Purpose Notarial Acknowledgement"
must be executed by all signatories of the corporation and the Corporate Seal affixed.
Bond forms (labor and material, and performance) should be filled out properly and
executed by you and your surety. All insurance coverage must be placed with companies
having a rating in Best's Key Rating Guide of at least A-:V, be authorized to conduct
business in the State of California, and be listed in the official publication of the
Department of Insurance of the State of California. Each insurance company's
COMPLETE name must be listed on the Certificate of Insurance.
You must submit evidence of comprehensive general and automobile liability insurance.
Auto policies must cover an\^ vehicle used in the performance of the contract and cannot
be limited in any manner. This should include coverage for completed operations. The
certificates covering general and automobile liability insurance must be issued directly by
the insurer or its authorized agent, and include the following:
1. On both the comprehensive general liability and automobile liability
insurance, the City of Carlsbad is to be named as an additional
insured. An "Additional lnsured Endorsement" stating that the City is
insured for covered losses caused by contractors' negligence must
accompany the Certificate of Insurance for each company listed on
the certificate.
The limits of coverage should not be less than $1,000,000 Combined
Single Limit.
Automobile and general liability policies shall be endorsed as follows:
2.
3.
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 * (61 9) 434-2803 FAX (61 9) 434-1 987
"It is hereby understood and agreed that the policy to which this
Certificate refers may not be canceled, materially changed, nor the
amount of coverage thereof reduced until thirty (30) days after receipt of written notice of cancellation or reduction in coverage by the City
Clerk of the City of Carlsbad. Coverage under this policy shall be
primary and noncontributing with any other insurance available to the
City of Carlsbad."
If your Certificate of Insurance contains a printed cancellation clause, the wording must
read as follows:
"Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 davs written notice
by certified mail to the certificate holder named as additional insured."
In addition to the evidence of liability insurance, the City requires a certificate showing
current coverage for Workers' Compensation, and a City of Carlsbad business license.
Please DO NOT date the contract when you sign it. This will be done when the contract
is signed by the City.
After the Contract has been fully executed, a Purchase Order will be issued to you for the
amount of the Contract. To help expedite your payment, please indicate the number of this
Purchase Order on all invoices sent to the City.
The original invoice and one copy are all that you need to send to Doug Duncanson, Parks
Department, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. It is not necessary for you
to enclose a self-addressed envelope with them. The City uses standard window
envelopes to facilitate the mailing of all checks.
Should you have any questions, please feel free to call me at (61 9) 434-2806.
Sincerely,
RUTH FLETCHER
Purchasing Officer
RF:jk
Enclosure
c: Doug Duncanson
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
NOTICE OF COMPLETION
Notice is hereby given that:
I. The undersigned is owner of the interest or estate stated below in the property hereinaf described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 920 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on
March 28,1996.
6. The name of the contractor, if any, for such work of improvement is GledsonlCashm
Construction, Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbb
County of San Diego, State of California, and is described as follows:
Americans with Disabilities Act Handicap Accessibility Installations/Modifications
Holiday, Laguna Riviera, Calavera and Stagecoach Parks
The street address of said properties are 3255 Eureka, 4898 Park, 2997 Glasgow 3420 Camir
De Las Coches, Carlsbad, California 92008 & 92009. CSD 020
8.
., - David Bradstreet
Community Service Director
VERIFICATION OF CITY CLERK
1, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008; tt
City Council of said City on August 6, 1996, accepted the above described work as complett
and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 7 , 1996 at Carlsbad, California.
CITY OF CAR