HomeMy WebLinkAboutH.L. Foster Construction Company; 1977-11-23; 1040CITY OF CARLSBAD
SAN DIEGO COUNTY
California
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR
CONSTRUCTION OF CONCRETE SIDEWALK
AT VARIOUS LOCATIONS
Contract No. 1040
.-* A
TABLE OF CONTENTS
Page
1 NOTICE INVITING SEALED PROPOSALS
3 PROPOSAL
6 BID BOND
7 DESIGNATION OF SUBCONTRACTORS
8 STATEMENT OF FINANCES
' 9 AGREEMENT AND CONTRACT
11 BOND FOR LABOR AND MATERIALS
13 BOND FOR FAITHFUL PERFORMANCE
14A LOW INCOME RESIDENT TRAINING/EMPLOYMENT
15 FEDERAL LABOR STANDARDS PROVISIONS
28 MINIMUM WAGES
35 MINORITY EMPLOYMENT PLAN
52 SPECIAL PROVISIONS
Li
A' ,-fe Al CITY OF CARLSBAD, CALIFORNIAM"'1 \JMMr\L NOTICE INVITING BIDS
Sealed bids will be received at the Office of the City Clerk, City
Hall, 1200 Elm Avenue, Carlsbad, California, until 3:00 p.m. on the 2nd
day of November, 1977, at which time they will be opened and read for per-
forming the work as follows:
Construction of Concrete Sidewalks at Various Locations
Contract No. 1040
Said work shall be performed in strict conformity with the specifica-
tions therefor as approved by the'City Council of the City of Carlsbad on
file in the Engineering Department. Reference is hereby made to said spe-
cifications for full particulars and description of said work.
No bid will be received unless it is made on a proposal form fur-
nished by the Engineering Department. Each bid must be accompanied by
cash, certified check or bidder's bond made payable to the City of Carls-
bad for an amount equal to at least ten percent of the amount of bid;
such guaranty to be forfeited should the bidder to whom the contract is
awarded fail to furnish the required bonds and to enter into a contract
with the City within the period of time provided by the bid requirements.
Jhe documents included within the sealed bids which require comple-
tion and execution are the following:
1. Proposal - Page 3
2. Designation of Subcontractors - Page 7
3. Bidder's Bond - Page 6
4. Contractor's Financial Status - Page 8
5. Bidder's Certificate - Page 44
Said documents shall be affixed with the appropriate notarial signa-
tures and titles of the persons signing on behalf of the bidder. For cor-
porations, the signatures of the President or Vice-President and Secretary
or Assistant Secretary are required, and the corporate seal shall be af-
fixed to all documents requiring signatures. In the case of a partnership,
the signature of at least one general partner is required.
All bids are to be compared on the basis of the Engineer's estimate.
The estimated quantities are approximate only, being given solely as a
basis for the comparison of bids. The estimated cost of the work is
$12. 200.
No bid will be accepted from a contractor who has not been licensed
in accordance with the provisions of Chapter 9, Division 3 of the Business
and Professions Code. The contractor shall state his license number and
classification in the proposal.
Plans, special provisions and contract documents may be obtained at
the Engineering Department, City Hall, Carlsbad, Ca\~rfornia, at no cost to
licensed contractors. It is requested that the plans and specifications be
returned within two weeks after the bid opening.
-2-
• . . ' • "OF
The work to be performed under this contract is being'financed through
a program providing Federal financial assistance from the Department of
Housing and Urban Development and will be subject to Federal Labor Stan-
dards outlined in HUD Handbook 6500.3, a copy of which is on file in the
Office of the City Engineer.
Each craft or type of workman needed to perform work under this con-
tract shall be paid not less than the minimum wage established by the U. S.
Department of Labor, the latest copy of which is included in the bid docu-
ments.
Prior to using any apprentices or trainees for this contract, the con-
tractor will be required to furnish written evidence of approval of his
apprenticeship program by the U. S. Department of Labor.
The contractor shall be required to show that he has adopted an ap-
proved affirmative action plan or has made a good faith effort in carrying
out steps to increase minority manpower utilization.
The contractor is required, to the greatest extent feasible, to pro-
vide.opportunities for training and employment of lower income residents
of the project area.
• • - . -£•
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 amount of the bond to be given for the faithful performance of
the contract for the said work shall be one hundred percent of the contract
price therefor, and an additional bond in the amount equal to fifty percent
of the contract price for said work shall be given to secure the payment
of the claims for any material or supplies furnished for the performance of
the work contracted to be done by the contractor for any work or labor of
any kind done thereon. v
Approved by the City Council of the City of Carlsbad, California, by
Resoltuon No. > 5212 adopted on October 4. , 1977.
DATED :2/f//
/ T T f WMGARHT E. ADAMS, City Cler
Page 3
City of Carlsbad
CONSTRUCTION OF CONCRETE SIDEWALK
AT VARIOUS LOCATIONS
CONTRACT No. 1040
/
PROPOSAL
To the City Council
City of Carlsbad f s|
1200 Elm Avenue " ' r^f ' J
Carlsbad, California 92008
Gentlemen:
The undersigned declares that he has carefully examined the location of
the work, read the Notice Inviting Bids, examined the plans and specifi-
cations, and hereby proposes to furnish all labor, materials, equipment,
transportation, and services required to do. all the work to complete
Contract No. 1040 in accordance v/ith the plans, the specifications of
the City of Carlsbad, and the special provisions, and that he will take
in full payment therefor the following unit prices for each item complete,
to wit:
tern Approximate Article with Unit Price or . Unit
No. Quantity & Unit Lump Sum Written in Words Price TOTAL
1. Lump Sum Clearing and grubbing, minor exca-
vation and orading Three
LUMP SUM 3,823.20
Hnnrlrp'rl
TBree ************** Dollars
and Twenty ********** cents
per Lump Sum
2. 790 sq. ft. Removal of existing concrete side- .50£ Sq. Ft. 395.00
walk and driveway
Dollars
and FIFTY ********* cents
per square foot
Page 3a
tern Approximate
Npi Quantity & Unit
Article with Unit Price or
Lump Sum Written in Words
Unit
Price TOTAL
3, 4131 sq. ft.P.C.C. sidewalk and driveway 4" in
thickness including preparation of
subgrade at
1.26 SQ.FT 5,205.06
One ****************
and Twenty Six
_Dollars
cents
per square foot
224 sq. ft. Asphaltic concrete driveway 2" in
thickness including preparation of
subgrade at
2.73 SQ.FT 611.52
Lump Sum
Two **************
and Seventy Three
_Dollars
cents
per square foot
The construction of concrete steps
and approximately ten lineal feet
of 2.5' - in height concrete block
wall (see Sheet 3) at Two -
Thousand Four Hundred Twenty
Three**************** Dollars
and sixty cents
per lump sum
LUMP SUM 2,423.60
Total Amount written in words:
Twelve Thousand Four Hundred
Fifty Eight Dollars and
Thirty Eight Cents
Total in Figures$i2, 458.38
Page 4
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 c^ise of a discrepancy between v
words and figures, the words shall prevail. In case of an error in
the extension of a unit price, the corrected extension shall be
calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
The estimated quantities of work indicated in this proposal are
approximate only, being given solely as a basis for comparison of
bids. '
The undersigned has checked carefully all of the above figures and
understands that the City will not be responsible for any errors or
omissions on the part of the undersigned in making up this bid.
The undersigned agrees that in case of default in executing the
required contract with necessary bonds and insurance policies within
twenty (20) days from the date of award of contract by the City Council
of the City of Carlsbad, the proceeds of check or bond accompanying
this bid shall become the property of the City of Carlsbad.
Licensed in accordance with the Statutes of the State of California
providing for the registration of contractors, License Mo,' ^nbss? A
Identification95_2926471 •
The undersigned bidder hereby represents as follows; (a) That no
Counciln.^.n, officer, agent or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this contract, or
the compensation to be paid hereunder; that no representation( oral
or in writing, of the City Council, its officers, agents or employees,
has induced him 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 (b) 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.
Accompanying this proposal is Bond
(cash, certified check, cashier's check
or bond)
in an amount not less than 10 per cent of the total bid price>
The undersigned is aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against
liability for workmen's compensation or to undertake self-insurcince
in accordance with the provisions of that code, cind agrees to comply
with such provisions before commencing the performance of the work
of this contract.
,-r^ ""-v
a ,O f'
Page 5
(714) 264-3922
Phone Number
November 2, 1977
P.O. BOX 14310- San Diego, Ca
Bidder's Address
H.L. FOSTER CONSTRUCTION CO .
~~ Bidder ' s Name
(SEAL)
- /—A _
' "" Alftfiof Izd'd Signature
HENRY/U. FOSTER, SR. OWNER
' AuthibrlzeB Sigl
V *
INDIVIDUAL
Type of Organization
(Individual, Corporation, Co-
Partnership)
List below names of President, Secretary, Treasurer and Manager if a
corporation, and names of all co-partners if a co-partnership:
..,..' Page 6
BIDDER'S BOND TO ACCOMPANY PROPOSAL
: . KNOW ALL MEN BY THESE PRESENTS,
That we, H. L. FOSTER CONSTRUCTION CD. , as Principal,
and FIDELITY & DEPOSIT COMPANY OF PIARYLANp as Surety, are held and firmly
bound unto the City of Carlsbad, California, in the sum of TEN PERCENT (1
OF AHOUNT OF ACCOMPANYING BID Dollars ($ 10* of Bid ?f lawfui money of •
the United States for the payment of which sum well and truly to be
made, we bind ourselves, jointly and severally, firmly by these presents
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounden principal for:
Construction of Concrete Sidewalk at Various Locations - Contract No. 1040
in the City of Carlsbad, is accepted by the City Council of said City,
and if the above—bounden 'Principal shall duly enter into and execute
a contract including required bonds and insurance policies within (20)
twenty days from the date of award of contract by the City Council
of the City of Carlsbad, being duly notified of said award, then this
* obligation shall become null ana void; otherwise it shall be cmd
**" remain in full force and effect, and the amount specified herein
shall be forfeited to the said City.
In the event that any Principal above named executed this bond
as an individual, it is. agreed that the death of any such Principal
shall not exonerate the surety from its obligations under this bond.
c
day of
IN WITNESS WHEREOF, we hereunto set our hands and seals this 2nd
November 19 77 .
Corporate Seal (if corporation)
(Attach Acknowledgement of
Attorney in Fact)
H. L. FOSTER CONSTRUCTION CO. •
' r /.
FIDELITY^ DEPOSIT COMPANY vfJF'i^'ARYl AND
Sttrtetv . A\v? -rr' ",/TT
Angie \
Title Attorn^
Maurici
in Fact
.,(Notarial acknowledgement of execution by all PRINCIPALS and SURETY
must be attached.)
STATE OF CALIFORNIA
COUNTY OF San____Di_eg_o_
ss:
On .N.Q.V.ern.b.er...2.^_..1.977 t before me, the undersigned, a Notary Public of said county
and state, personally appeared __ AlU3ia..AL.....Mau.E.iniQ- ,
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.
.?
fX
OFFICIAL SEAL
BETTIE L. GARCIA
NOTARY PUSUC -CAUI-ORNIA g
PRINCIPAL OFFICE IN Sj
SAN 01 ECO COUNTY C?j
3an Dier;o
* Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY ov MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PEGOT, JR. , Vice-President, and C. W. ROBBUJS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Angle V. Mauricio, of San Diego, California
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and -undertakings.
Snathe execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Angie V. Mauricio, dated
June 1, 1965.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
9th day of U.o.v.ember. , A.D. 19.7.6
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
C
.... By..
Assistant Secretary \ Vice-President
STATE OF MARYLAND \
CITY OF BALTIMORE /
j On this 9th day of November , A.D. 19 76 , before the subscriber, a Notary Public of the State of
, """"^Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
:ary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described1 who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
"severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
"Jo the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
"-.., Jf IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
* -—first above written. „.««""««„.•> >\OA r. /f'f.A>? ty"-./.£.-'N OTA Ry-.£},\
°'* Notary Public Commission Expires July...!.,...1978
CERTIFICATE
I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in lull force and effect on the date of this certificate; and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
2nd day of. ^.O.y.?..1?.!?..?..?. , 19..Z.?-..-
LM19—Ctf. 203432
Page 7
DESIGNATION OF SUBCONTRACTOR
The undersigned certifies that he has used the subbids of the
following listed contractors in making up his bid and that the
subcontractors listed will be used for the work for which they
bid, subject to the approval of the City Engineer, and in
accordance with the applicable provisions of the specifications.
No change may be made in these subcontractors except upon the
prior approval of the City Council of the City of Carlsbad.
ITEM. OF WORK SUBCONTRACTOR ADDRESS
1 • 5 G. Spkies and _D. Me Donald 2812 Commercial St
2 . \ '
3 . ; ; '
4 . ' • . '
"5 . |
6.
0
H.L. FOSTER CONSTRUCTION CO.
Bidder's Name ''
, .. -rAuthoried Signature
r ~ r- ~ - r -'
F j ,
INDIVIDUAL
HENRY L: FOSTER, SR. OWNER
, ,, 3 - J Type of Organization
i ti v,:tl df IL- (Individual, Co-Partnership or
Corporation)
P.O. BOX 14310_ San Diego,
Address
Page 8••% «. »
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AMD EXPERIENCE
(' .
(The Bidder is required to state what work of a similar character to
that included in the proposed contract he has successfully performed
and give reference which will enable the City Council to judge his
responsibility, experience, skill and business standing.)
The undersigned submits herewith a statement of his financial respon-
sibility.
The undersigned submits below a statement of the work of similar
character to that included in the proposed contract which he has
successfully performed.
City of San Diego, Clear , Grub, Remove and Replace Sidewalks, Butters
U.C.S.D. CLEAR, GRUB, REMOVE AND REPLACE CAMPUS ROAD REPAIRS
SAN DIEGO, STATE UNIVERSITY ARCHITECTURAL BARRIER REMOVAL
CITY OF CORONADO- Architectural Barrier Removal
Department of Transportation, Clear, Grub, Remove and Replace, Grubs etc
PLEASE NOTE: WE HAVE NUMEROUS JOBS FROM THE CITY AND STATE OF CALIFORNIA
v •' ' ' •'••••THAT WORK IS SIMILAR TO THE WORK IN"THIS CONTRACT.
Signed \T ^
Henry L. Foster, Sr» OWNER
I
>»«
Page 9
CONTRACT
» *""*" 1 " L , "*""* "*"* "™" ""'J ~
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the City of Carlsbad,
California, hereinafter designated as the City, party of the first
part, and H. L. Foster Construction Co. , hereinafter designated
as the Contractor, party of the second part.
WITNESSETH: that the parties hereto do mutually agree as follows:
; 1. For and in consideration of the payments and agreements
• -hereinafter mentioned to be made and performed by the City, the Con™
f ""tractor agrees with the City to furnish all materials and labor for:
L, —•*
(' C£lf Construction of Concrete Sidewalk at Various Locations - Contract
O No. 1040
and to perform and complete in a good and workmanlike manner all the
' work pertaining thereto shown on the plains and specifications therefor;
to furnish at his own proper cost and expense all tools, equipment,
labor and materials necessary therefor, (except such materials, if any,
as in the said specifications are stipulated to be furnished by the
City) , and to do everything required by this agreement and the .said
plans and specifications.
2. For furnishing all said materials and labor, tools and equip-
ment, and doing all the work contemplated and embraced in this agreement
also for all loss and damage arising out of the nature of the work
aforesaid, or from the action of the elements, or from any unforeseen
difficulties which may arise or be encountered in the prosecution of
the work until its acceptance by the City, and for all risks of
every description connected with the work; also, for all expenses
incurred by or in consequence of the suspension or discontinuance of
work, except such as in said specifications are expressly stipulated
to be borne by the City; and for well and faithfully completing the
work and the whole thereof, in the manner shown and described in the
said plans and specifications, the City will pay and the Contractor
shall receive in full compensation therefor the lump sum price, or
if the bid is on the unit price basis, the total price for the several
items furnished pursuant to the specifications, named in the bidding
sheet of the proposal, as the case may be.
3. The City hereby promises and agrees with the said Contractor
to employ, and does hereby employ the said Contractor to provide the
materials and to do the work according to the terms and conditions
herein contained and referred to for the price aforesaid and ho.re.by
conditions set forth in the specifications; and the Sc\id parties for
themselves, their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants
herein contained.
\
""" 4. The Notice to Bidders, Instructions to Bidders, Contractor's
Proposal, and the plans and specifications, and all amendments thereof
Page 10
when approved by the parties hereto, or when, required by the City in
accordance with the provisions of the plans and specifications, are
hereby incorporated in and made part of this agreement.
5. Pursuant to the Labor Code of the State of California, the
City Council has ascertained the general prevailing rates of per diem
wages for each craft or type of workman needed to execute the contract
and a schedule containing such information is included in the Notice
Inviting Bids and is incorporated by reference herein.
6. The Contractor shall assume the defense of and indemnify
and save harmless the City, the City Engineer, and their officers
and employees, from all claims, loss, damage, injury and liability
of every kind, nature and description, directly or indirectly arising
from the performance of the contract or work, regardless of responsi-
bility for negligence; and from any and all claims, loss, damage,
injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by the
contract, regardless of responsibility for negligence.
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be executed the day and year first above written.
H. L. Foster Construction Co.
'Contractor (seal)
Title
by
,. .. -A |1 *<> •> iL Title
ARLSBAD, CALIFORNIA
Mayor
ATTEST:
(Notarial acknowledgement of execution by all PRINCIPALS must be
attached.)
TO 447 C
(Individual)
1
STATE OF CALIFORNIA
COUNTY OF S a n Diego
November 23, 1977
ss.
On
State, personally appeared
before me, the undersigned, a Notary Public in and for said
L. FOStef,
au
LI_i
k to be the person whose name subscribed
, Vnnwn tn TTIP
to the within instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
Signature-. /.
A. L. Rautenkranz
Name (Typed or Printed)
OFFICIAL SEAL
A.L. RAUIEIMRANZ ,
NOTARY PUBLIC . CALIFJ
PRINCIPAL OFFICE IN |
, -** _ SAN DIEGO COUNTY I
5 My Commission Expires Oct. 23, 1981 j
(This area for official notarial seal)
0 LABOR AND MATERIAL BOND
Page 11
BOND # 9140266
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Res. No, 5251 adopted November 15, 1977
has awarded to H. L. Foster Construction Co.
hereinafter designated as the "Principal", a contract for:
Construction of Concrete Sidewalk at Various Locations
Contract No. 1040
in the City of Carlsbad, in strict conformity with the drawings and
specifications and other contract documents on file in the Office of
the City Clerk.
WHEREAS, said Principal has executed or is about to execute said
contract and the terms thereof require the furnishing of a bond with
said contract, providing that if said Principal or any of his or its
subcontractors shall fail to pay for any" materials, provisions, pro-
vender or other supplies -or teams used in, upon, for or about the
performance of the work agreed to be done, or for any work or labor
done thereon of any kind, the Surety on this bond will pay the same
to the extent hereinafter set forth:
NOW, THEREFORE, WE H. L. Foster Construction Co.
as Principal, hereinafter designated as
Contractor and FIDELITY & DEPOSIT COMPANY OF MARYLAND
as Surety, are held firmly bound unto
the City of Carlsbad, in the sum of Six Thousand Two Hundred Twenty Dollars
Nine and 19/100
($ ^ 229.,,1.9 ) ' said sum being 50 per cent of the estimated amount
payable by the City of Carlsbad, under the terms of the contract,- for
which payment well and truly to be made we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or
his subcontractors fail to pay for any materials, provisions, provender
or other supplies, or teams used in, upon, for or about the performance
of the work contracted to bo done, or for any other work or labor thereon
of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, that the Surety or Sureties will
pay for the same, in an amount not exceeding the sum specified in the
bond, and also, in case suit is brought upon the bond, a reasonable
attorney's fee, to be fixed by the court, as required by the provisions
of Section 4204 of the Government Code of the State of California.
Page
This bond shall inure to the benefit of any and all persons, companies
and corporations entitled to file claims under Section 1192.1 of the
Code of Civil Procedure so as to give a right of action to them or
their assigns in any suit brought upon this bond, as required by the
provisions of Section 4205 of the Government Code of the State of
California.
And the said Surety, for value received, hereby stipulates and agreer;
that no change, extension of time, alterations or additions to the
terms of "the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any wise affect
its obligations on tnis bond, and it does hereby waive notice of
any such change, extension of time, alterations or additions to the
terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 21at day of November
. , 19?7 . '
H. L. FOTER CONSTRUCTION COMPANY (Seal)
(Seal)
Contractor
& DEPOSIT COMPANY OP MARYLA^eal)
Angle/
(/,(Seal)
I/. Flauricioi Attorney in Fact
400 Cfa/dar St.. San DJBQQ. CA 92112Seal)
Surety
STATE OF CALIFORNIA
COUNTY OF 5.811...Qle.Q.0.
On ........... oy_?N!_?_£.__.A.».__._.?._ ............. , before me, the undersigned, a Notary Public of said county
and state, personally appeared .................... Afigifl— V.*-Haur.icJ.fl .................................................................... ,
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,.
OFFICIAL SEAL
BETTIE L. GARCIA
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires February 8, 1981
B
BR(12)15
San Diego 203902
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. ¥. ROBBMS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
. does hereby nominate, constitute and appoint Angle V. Mauricio, of San Diego, Californi
its trite and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
~>> surety, and as its act and deed: any and all bonds and undertakings.
the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Angle V. Mauricio, dated
June 1, 1965.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
2.th day of Uavejaher , A.D. 19.7.6
•'""-'**• FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
By..Assistant Secretary Vice-President
STATE OF MARYLAND \
CITY OF BALTIMORE /
On this 9th day of November , A.D. 1976 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and AssistantSecretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personttliyknown to be the individuals and officers describedin and who executed the preceding instrument, and they each acknowledged tin* execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as suchofficers were duly affixed and subscribed to the said instrument by the authority arid direction of the said Corporation,
IN TESTIMONY WHESBOF, I have hereunto set my hand fittd affixed my Otfttial Seal, Jit the Lity of Baltimore, the day and year
first above written.f~"~
/
Notary Public Commission Expires July...l.f~. 1978
CERTIFICATE
I, the undersigned, Assistant Secretary of the FHiELrry AN& DEPOSIT COMPANY OK MARVI.AND, do hereby certify (iutt the originalPower of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate j ami 1
dp further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-t'renldciits spe-
cially authorized by the Board of Director* to appoint any Attorney-in-Fact a* provided in Article VI, Section 31 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of theFIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whethermade heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
2..1s..t day of NjD.u.fijnh.e.r. , 19.Z.7....
L1419—Ctf. 203432
Page 13
BOND # 9140266
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Res. No. 5251 adopted . November 15, 1977 _ .
has awarded to __ H. L. Foster Construction Co. ___
hereinafter designated as the "Principal", a contract for:
Construction of Concrete Sidewalk at Various Locations
Contract No. 1040
in the City of Carlsbad, in strict conformity with the drawings and
specifications and other contract documents now on file in the Office
of the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute said
contract and the terms thereof require the furnishing of a bond for
the Faithful Performance of said contract;
NOW, THEREFORE, WE, ' H' L' Foster Construction Co. .
as Principal, hereinafter designated as
%. the "Contractor", and FIDELITY & DEPOSIT COMPANY OF MARYLAND
as Surety, are held and firmly bound
unto the City of Carlsbad, in the sum of Twelve Thousand Four Hundred Fifty Eight
and 38/100
Dollars ($ 12,458.38 ) , said sum being equal to 100 per cent of
the estimated amount of the contract, to be paid to the said 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
Principal, his or its 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 said
contract and any alteration thereof made as therein provided on his
or 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 indemnify and save harmless the City of Carlsbad,
its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise it shall remain in full force
and virtue.
And said Surety, for value received, hereby stipulates and agrees thcit
no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifi-
Page 14
cations accompanying the same shall in any wise affect its obligations
on this bond, and it does hereby v/aive notice of any change, extension
of time, alterations or addition to the terms of the contract or to the
work or to the specifications.
In the event that any Principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 21 at day of
November , 19 77 .
H. L. FOSTER CONSTRUCTION CO. (Seal)
" (Sea 1)
(Seal)
f '
Contractor
& DEPOSIT COMPANY OF
By/ Ky^+*s l/}7Kllfrrfcjie /T. Plaurlclo, itwfgie400 Cedaf/St., San Diego, CA
(Seal)
torhey In Fact
Surety
STATE OF CALIFORNIA
COUNTY OF San.ss:
On N.?y.?B!?.?r...2J__,_J__977 , before me, the undersigned, a Notary Public of said county
and state, personally appeared AnglB....V.J....J)laJLirlC.io. ,
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.
OFFICIAL SEAL D
BETTIE L. GARCIA Bj
NOTARY PUBLIC-CALIFORNIA [Cj
PRINCIPAL OFFICE IN Rj
SAN DIEGO COUNTY &!
My Commission Expires February 8, 1981 [}
BR(12)15
San Diego 203902
-'?rr A Iniv. 5 ..• >L ORIGINAL
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICEt BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AM, DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. ¥. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business uf the Company may require, and to affix the seal of the Company thereto."
kit
/•'
^I
.-'does hereby nominate, constitute and appoint Angle V. Mauricio, of San Diego, Calii'orn
trite and lawful agent and Attorney-in-Fact, to makt', execute, seal and deliver, for, and on its behalf as
-^surety, and as its act and deed: any and all bonds and undertakings,
i execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Comp.nty at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Angle V. Mauricio, dated
June 1,
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-president and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tin's
S.tto day of ...„..« JNoyembe*.... A.D. 19.7.6
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
[(SEAL)"
•iJjKKjSX' .Sr.,.h±rf....LV..St^3Sl^±^ By .T^.r.yiTrT./..
*"** Assistant Secretary Vice-PresidentSTATE OF MARYLAND 1
CITY OF BALTIMORE /
On this 9th day of November , A.D. 1976 _, before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixedto the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as suchofficers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
• IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and yearfirst above written. w,i«
/|fe%
Notary Public Commission Expires July.. 1.,... 1-978
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPLY OF M ARYCAND, do hereby certify that iho original
Power of Attornny of which the foregoing is a full, true and eorffet copy, is in full lorco and effect on the date of ihi» «fHifi«itir, and Ido further certify that the Vice-Presid«nt who executed the said fewer of Attorney was pile of the additional Viee'f'residontK spe-cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article Vi, Section I of (he Uy*i..nwti of
the FIDELITY AND DBPCWT COMPANY or MARYLAND,
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of thu
FIDELITY AND DEPOSIT COMPANY or MARYLAND at a meeting duly called and held on the 16th day rf July, !#$».
RKSOLVED: "That the facsimile or mechanically reproduced signature of arty Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by ths? Company, shall be
valid and binding upon the Company with the «ame force and effect as though manually affixed,"
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
Zla.t day of N.o.v.fimb.e.r. 19.Z.7.
L1419—Ctf. 203432
Page 14A
LOW INCOME RESIDENT TRAINING/EMPLOYMENT
SECTION 3 CLAUSE Uf'u t ; j .:..• I
A. The work to be performed under this contract is on a project assisted under
a program providing direct federal financial assistance from the Department
of Housing 5 Urban Development and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701U.
Section 3 requires that, to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the project area
and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons resid-
ing in the area of the project.
B. The parties to this contract will comply with the provisions of said Section
3 and the regulations issued pursuant thereto by the Secretary of Housing §
Urban Development set forth in 24 CFR, 135, and all applicable rules and
orders of the Department of Housing § Urban Development issued thereunder
prior to the execution of this contract. The parties to this contract certify
and agree that they are under no contractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of
workers with whom he/she has a collective bargaining agreement or other contract
„, or understanding, if any, a notice advising the said labor organisation or
worker's representative of his/her commitments under this Section 3 clause and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment and training.
D. The contractor will include this Section 3 Clause in every subcontract for
work in connection with the project and will, at the direction of the applicant
for or recipient of federal financial assistance, take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing $ Urban Development,
24 CFR, 135. The contractor will' not subcontract with any subcontractor where
he/she has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR, Part 135 and will not let any subcontract unless the
subcontractor has first provided it with a preliminary statement of ability
to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR, 135, and all applicable rules, and orders of the Department of Housing FT
Urban Development issued thereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance, its
successors and assigns. Failure to fulfill these requirements shall subject'
the applicant or recipient, its contractors and subcontractors, its successors
and assigns to those sanctions specified by the grant or loan agreement or
, contract through which federal assistance is provided and to such sanctions
as are specified by 24 CFR, 135.
Huo-4010 Paqe 15
(2-76)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered by this Contract
pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assist-
ance.
/ 2. KTNIMDM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti-Kickback Act hereinafter identified), the
full amount due at time of -payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such'
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by £he
Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5>.5(a)(l)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contribu-
tions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
3. OVERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford-
ed it under this Contract shall withhold from the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
Page 1 of 13 Pages ».
Page 16
Agency or Public Body may consider'necessary to pay such laborers or
mechanics the full amount of wages required by this'Contract. The
amount so withheld may be disbursed by the Local Public Agency or
Public Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
whom the same is due or on their behalf to plans, funds, or programs
for any type of fringe benefit prescribed in the applicable wage
determination.
U. ANTICIPATED COSTS OP FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
.'
£. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 Stat. 357-360: Title 1$ U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 1|0 hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of Ifi houra
in such work week, as the case may be.
(b) Violation; liability for unpaid wages liquidated damages.
In the event of any violation of the clause set forth in paragraph (a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
Page 2 of 13 Pages
HUD-4010 (2-76)
Page 17
in excess of 8 hours or in excess of the standard workweek of i|0 hours
without payment of the overtime wages required by the clause set forth
in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for liqui-
dated damages as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
/ 6. 'EMPLOYMENT OF APPRENTICES/TEAINEES
a.' Apprentices will be permitted to work at less than the prede-
termined rate for the work they performed when they are em-
ployed and individually registered in a bona fide apprentice-"
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State' Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
Page 3 of 13 Pages
V .
HUD-4010 (2-76)
Page 18
furnish to the contracting officer or a representative of the
Wage-Hour Division of the U. S. Department of Labor written
evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates), for the area of
construction prior to using any apprentices on the contract
work. The wage rate paid apprentices shall be not less than
the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.'"
*"• Trainees. Except as provided in 29 CFR 5«lf> trainees will not
be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage-Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined '
rate for the work performed until an acceptable program is
approved.
c. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 1121+6, as amended, and 29 CFR Part 30.
Page 4 of 13 Pages
HUD-4010 (2-76)
Page 19
7. EMPLOYMENT OP CERTAIN PERSONS PROHIBITEDVI-
NO person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or correctional institution shall
"be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a
copy of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pursuant to
the'so-called "Anti-Kickback Act" of June 13, 1931; (U8 Stat. 9^8: 62
Stat. 862; Title U.S.C., Section 87!+: and Title 1*0 U.S.C., Section 2760),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
9. EMPLOYJyENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
s
Any class of laborers or mechanics which is not listed in the wage
•' determination and which is to be employed under the Contract will be •'•
***** classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot.agree on the proper.classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY VAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the-Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established.
In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination.
( Page 5 of 13 Pages
***' HUD-4010 (2-76)
Page 20
11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics .employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
*•" C. or in any other manner discriminated against by the Contractor or any
~~* subcontractor because such employee lias filed any complaint or instituted
— or caused to be instituted any proceeding or has testified or is about to
J testify in any proceeding under or relating to the labor standards appli-
~ ca,ble under this Contract to his employer.
,L>,
" CD 13. CLAIMS-AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the Local .
Public Agency or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto.
Ik. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti-Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (e) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
Page 6 of 13 Pages . HUD.4cno (2-76)
: Page 21
f'\ ' 1 * K . ^ I i; '«I
furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each"
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
l(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5«5(a)(l)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the
Davis-Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the. laborers or mechanics
affec/ted, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work cfovered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the United
States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during
working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without Limit ing the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
Page 7 of 13 Pages
HUD-4010 (2-76)
Page 22
without the Local Public Agency's or Public Body's prior written approval j
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at
the time ineligible under the provisions of any applicable regulations (
issued by the Secretary of Labor, United States Department of Labor or I
the Secretary of Housing and Urban Development, to receive an award of
such subcontract.
I
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS •
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this Contract, provi- (
sions which are consistent with these Federal Labor Standards Provisions (
and also a clause requiring the subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with
a clause requiring such insertion in any further subcontracts that may
in turn be made.
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions. ;-
A breach of these Federal Labor Standards Provisions, may also be grounds
for debarment as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
Page 8 of 13 Pages
HUD-4010 (2-76)
Page 23
HUD-4010.1
(2-76)
.ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatso-
ever induces any person employed in the construction, prosecution, completion or repair of any public building, public work,
or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the com-
pensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108,72 Stat. 967,40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall
apply to such statements.
---XXX---
Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promul-
gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations,
Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said reg-
ulations are as follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13,1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards
and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works
financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the
minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted construction that
contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14
Page 9 of 13 Pages,**-•
Page 24
I\J » U s . ' v! '
(e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power-
lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnish-
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are
manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering,remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, com-
pletion', or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United Slates" includes build-
ing or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made
directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work
for which Federal assistance is limited solely to loan guarantees oir insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub-
contractor; a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
Page 10 of 13 Pages
HUD-4010.1 (2-76)
Page 25
(b) L'ach contraclor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
building or pulilic work, or building or work financed in whole or in part by loans or grants from tlie I'nitcd Stales, sliall
furnish cacli week a statement with respect to the wages paid cacli of it.-, employees engaged on work covered by 2') CFK
Parts 3 and 5 during the preceding weekly payroll period. This statement sliall be executed by the contractor or subcon- -.
tractor or by an authori/cd officer or employee of the contractor or subcontractor who supervises the payment of wage.-, and
shall be on form Wll 3 If), "Statement of Compliance", or on an identical form on the back of \VI1 3 17, "Payroll (For ("on-
trac.tors Optional Use)" or on any form with identical wording. Sample copies of Wll 347 and Wll 3-11! may be obtained from
the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing
Office.
(e.) The requirements of this section shall not apply to any contract of 32,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of this section subject to such conditions a.s the Secretary of
Labor may specify.
[20F.ll. 95, Jan. 4. 1964, as amended at 33 F.R. IOIH6, July 17, 1968]
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under § 3.3 shall be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a representative of a Federal or Stale agenej in charge at the
site of the building or work, or, if there is no representative of a Federal or Slate agency at the site of the building or work,
the statement shall he mailed by the contractor or subcontractor, w ithin such time, to a Federal or Stale agency contracting
for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof,
shall be kepi available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures
prescribed by the United Stales Deparlment of Labor.
(b) Kach contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of
complelion of the contract. The payroll records shall set oul accuralcly and completely the name and address of each laborer
ami mechanic, his correct classification, rate of pay, daily and w cekly number of hours w orkctl, dcduc.lions made, and aclual
wages paid. Such payroll records shall be made available al all times for inspection by the contracting officer or his authorized
representative, and by authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the rcqm'remenls of Federal. State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepay ment
is made without discount or interest. A "boua fide prepayment of wages" is considered to have been made only when cash or
its equivalent has been advanced to the person employed in such manner as to give IHIII complete freedom of disposition of the
advanced funds.
(c) An) deduction of amounts required by court process to be paid to another, unless thededuction is in favor of the
contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
Page 11 of 13 Pages
HUD-4010.1 (2-76)
Page 26
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or both, for the prupose of providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or
disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards
are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests,
United Givers Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments:
Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost" of board, lodging, or otSer facilities meeting the require-
ments of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction
is made the additional records required under § 516.27 (a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not per-
mitted under § 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from
the deduction cither in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is cither (I) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction -serves the convenience and interest of the employee.
QRIG^AL
Page 12 of 13 Pages
HUD-4010.1 (2-76)
Page 27
c.
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under § 3.6 shall comply with the requirements procrihrd in tin
following paragraphs of this section:
(a) The application shall he in writing ar.J shall he addressed to the Secretary of Labor.
(h) The application shall identify the contract, or contract? under which the work in question is to he performed. .Per-
mission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional cimim-Um<-t>.
(c) The application shall state affirmatively that there is compliance with the standards so], forth in the pnni.^ions of
§ 3.6. The affirmation shall he accompanied hy a full statement of the facts indicating such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to he served therein . and tin-
classes of laborers or mechanics from whose wages the proposed deduction would he made.
(e) The application shall stale the name and business of any third per>on to whom any funds obtained from tlf pro-
posed deductions are to he transmitted and the affiliation of such person, if any, with tin- applicant.
Section 3.8 Action by the Secretary of Labor upon applications. v
The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of § 3.6;
and shall notify the applicant in writing of lu's decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible under § 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or (he additional forms of rompensa*
lion for which deductions arc permissible under this part. No other methods of payment shall be recognized on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public
work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in
this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may he ap-
plicable. In this regard, see § 5.5 (a) of this subtitle.
Page 13 of 13 Pages
•ft U.S. GOVERNMENT PRINTING OFFICE: 1976-210-966/204
HUD-4010.1 (2-76)
SECTION 4
Page 28
SECTION 4-2. FEDERAL..MINIMUM WAGES
Attention is directed to Decision No. CA76-5043 of the Secretary
of Labor, included herein.
SUFEP.S
STATE: California
DECISION rir.tn?: CA77-5C43
Suporsc-ic* ;vcj!.:on So. CA76-5116
tvr; ^S ~f w;V_<: Eui l^lr-7 ~r
ani *;,iccVi; t/p-.- J,v*r:-i:rt?
.!/ corjtruction a.iJ J:c-'^t.-
EA3 DrCI
COCVTY: San Di«"5o
DATE : Dat< ct Publica
djted Doc*«tcr JO, 19?6. In 4'. FV. 54115.
.-,tcact ion t.lC'CS rot ir.ct'-'-e iin-jlc f.::»'ly
up to ana incl-Jin"; 4 SCOE :es, . nrav/ and
ILSEESTOS VCr-SOtS
BOlLrr-x-jtraS
BalCKlAYCT-:.:"; Stcnc^asons
BRICK, SyXS and STlrZXASOSS •
TESTERS
CARPENTISS:
Carpenters
Pilcir jveraicn
Hillvrl<3!\ts: Fre'-r-stlc Kailerl
Eard.-ooJ FlocTlayers
Ce^er.t Kascr.s
Color Vcrfc; Csripo-Sitica.
KiStlc cr ro:.x.-; FlniElli.-i?
Kachir.e; Curs W'c.lir.e
DRyv.NL:. ISSrA^UT.S
ELECTRICIANS:
Electricla-.s
Cable Splicers
EUVATCS C^-ST^VITOSS
ELEVA7CS CC-ToTSVCTC-S' KJl?'n2S
ELEVATOR CCSSTTU'CTCRS ' K£L?3S
(PR03.)
JRO^VC?*E3Ss
Relntorcir.jOr ni.- *.-.tftl ; Structural
IR=(;GA:IC:; A.-.d LAW* S?R:;;KLLSS
LATriZ-SS:
Kortr.ern portion of Sa- Die^o
Cour.ty ftca cencer cf City of
I>el Kar
Feaciinder of County
1'croJ^r'"IC!''
Mntr?»n
Cable Splicers
KAJvfiLS Sc77t>S
KAP.SLE jrrr^-s1 HELPERS
PA1N7DIS:
S«ir>g St 3 •:;•?; BtJjh; Spra/i
lron« steel ard brlri^e
pointer I'jro-nd vorij
Paperhan^cr ; ;*pr ^y, swing
itecl *rw3 tri-^f, swing sta;e;
Icon, steel a".J t>c i<^qc , ?^>c <:y
(ground) : Pxgqcrs. cli=?ir.g
Kt«el ; Sn-sh, clitbin^ c l eel
6nd b:id;c
• ti5e; S-ra/, clir=3ii9 st»i;l
•and cr!i;c
SteepJe;«;K
'^ilT? ^^ V3~* V'J/C' n;c---Ay
Traffic delireatlnq device
*??licjtcr
tCieel s:jp ir'.t.i'.:rr ; Traffic
surface ra^Dl a ;t*r ; SM i7^r
Eelp*r iTiaJ'ir sjrla.-o
Inittllct : Strict:)
B.... !
S 13.10
13.175
10.57
».0»1
10.76
10.89
11.01
8.70
9.00
12.60
12.33
12.63
12.95
7CUR
50»JR
10.90
in A 1JLU . * A
11.30
11.30
9.40
10.90
11.66
$ 9.51
12.35
12.65
11.12
8.39
10.99
11.24
11.49
11.74
12. }*
6.67
9.48
6.83
H I "
.EC
.775'
.63
„
.60
.56
.56
.56 •
.63
.S3
.56
.70
.70
.5<5
.$45
.67
1 . 1. l*
1.14
1.14
101
.55
.60
.70
.70
..70
.70
.55
.99
.99
.59
.99
.99
.JO
.50
.50
f,,,,, Rr,t!
5 1.17
l.CO
1.06
1.75
1.05
1.05
1.05
1.46;
1.46
1.05
11*1.33
H*1.33
.35
.35
.90
1.86
1.66
1.86
161
.SO
.70
11*1.33
11*1,33
1\«1. JJ
1.17
.(5
1.16
1.18
1.1S
1.18
1.18
.35
.35
.15
.50
.50
.70
.70
.70
1.26.
1.J6
.70
3t*a
3««a
1.20
1.50
1.20
13i
.50
.70
.75
.7$
.75
.75
.75
b
b
b
*
Ajpr. Tc '
.06
.02
.06
.07
.07
.07
.07j.
.07
.07
.02
.02
.02
.02
.04
.04
.04
3/41
.05
.02
.02
.02
.02
.04
.07
.07
.07
.07
.07
$
I
oz
o>
C~~""S •-->.Jr~ 1
'ELI. |ti
MW-1
S.D
RECEIVE!
SEP 1 4 1977
CITY OF CARLSBAD
Engineering Department
Page 29
DECISION NO. CA77-J043 SECTION
Or
zo
VM
TO
O>•
SLURS* SEAL CPESAT:O;::
Mixer Cpcratoc
S^jecgee Kan
Applicator Operate.
Snuttle=jn
To? Han
PiASTCKEOS
piASTEsrss1 71NDJ3S
tiKXHXS; Ste-=if .tters
HOOF ETS
SHEET KE7AL WOXKErS
SOFT FLOCR LAVE;
SPRINKLER flTTS'S
TERRAZZO KCRKEF5
TILE SETTO>S
TEJWAIZO A.-id TiLE HELPERS
RIGCEKS; VTtL3cl?5 - Peceive rate
prescribed for craft perfornlnq
operating to w.-.ich ricgir.g or
welding Is incidental.
a. Employer c^r.tr ir-jr e3 4% of tji.
It of t^sic >.o-:!y rate for b
Pay Credit. 6 Paid Holidays:
b. Employer ce.-.tr liotcs S.T2 per
to Vacation F-nd '.ct the f:rst
5 years 5.33 per hsur to Vjca:
S.43 per hear to Vacation Fund
Fund.
PAID KOL10YA-":
A'Ni;^ Kcat's Day: E-y.;Torial Day;
D- Labor Day; E-Thanisglvir.g Day;
63,.(
Koyfl,
$ 3.43
7.43
(.83
£.55
5.8J
10.96
10.53
11.66
9.99
11.96
9.55
15.07
11.12
11.12
3.39
H &. V
.50
.50
.50
.iS
.50"
.6?
.65
lot
.50
1.C4
.6C
.65
.70
.70
.55
c .-c-rly rate for
or-.t .-,.-. to 15 years'
A t.>::c-j4 F.
.c-r to HJliiay ~j
•
.35
.35
.35
.35
.25
1.53
i.75
l«t
.75
2.24
1.05
.95
1.17
1.17
.65
b
. b
b
b
b; .00
.50
131
l.CO
3/4\
.07
.08
.04
.04
5 years' Service tr.l
service ap Vacat'.cfi
i pljs S. 13 per h.cLr
year cf arployr.er.t , i year t'Jt less than'
o^ F.i-.d.;5 years 3jt iesi tf.an 10 ycfirs
over 1-j years s.
C-!r.dcp<;ide-ct Da
-Christr-s Diy.
3, per .V>
.
:: to Vacation
.
•LABORERS
LABORERS, General Construction;
Cas and oil Pipeline; Jet.-jr;
Tt>cl Shed Checker; Using dry
pack; Tlagnan
CUTTIW -iOscM opr;jA7:^
(decolit ioni ; Sealer
GUINEA CV.ASIK
TINT GRAJjr?. O" HIGHWAYS.
STREETS AKD AfHr-'i.ri i AVISO
(sever and dra;r.;j.- lines);
Landscap".- Gatd'ncr and
Kurccry Han
LABORER (pacitir,? loA steel
and pans); Tar.k 9ZaJcr and
. Cleaner .
DRILLES'S HELPCR (Caisson)
including Cellovers; Boring
Kachine Helper
VIKDCW CL£\NnK: C?.uc< Tend-r
(except t'-nnol^l; 5rpt:c
t«r.« dicier ar.d sr.ctaller
CESSPOOL DlCGEa *.'O tNSTALLER
CONCRETE CVP-d: Itr^svl0^*
Kentta-.'-; R.prjp .*.t .repjvei:
Grouting.
Joint;; Pointiij »r..1 any and
all ether icivtcti
Ho»'lr
EC'..
$ 7.21
7.26
7.29
7.31
7.335
7.34
7.36
7.J*
$ 7.49
H & V
.70
.70
.70
.70
.70
.70
.70
.70
.70
P*«IICAI
S 1.83
1.83
1.63
1.83
1.53
1.63
1.83
1.83
J 1.3J
Veceliet
.50
.50
.50
.50
.50
.50
.50
.50
.SO
[4ur«t<ofl
c»4 °>
A«r. Tt.
.13
.13
.13
.IJ
.13
.13
.13
.13
.13
^3.7*1 u
KW-2r T>
Page 30
OEC1SJO.I CA?:-SC4l SECTION
?S (Colt'd)
XS?aALT KA5ER, IRO'.LS, SPRTADDJ;
gujj/soMIt cjn; OTtnt
'Aarptc (on 1 yard or larger
ctxers Aid handily tul'«
c<*-?nt/: Ccr.'jrete fij-rf sun
(excluding tractor typ«) i
^r; Ccr^rr^te core cutter
«r.d for« blower; C<as and oil
pipeline vrappcr-pot '.cr.Jors
• nd fotn cin; Operators ajiJ
ttndert cf pr.caTitic and
tltctric tcois, ccr.cretc pj.-?,
vibrating uchint-3 and si.~,iiir
•echanlcal rcols not £(??.;: j:?iy
classified hcrtir.; Tree c;)-S<rr
ROQC Stl.-CER; Scalec (using
t»s'n c.-.air or safety fcclt
ot povcr tools)
DRILLERS, ell oilier* l>^«Ie
drill [.'.9 la for use of
explosives
PIFELAYE3. UTTALLIC OR .')ON-
KCTALLIC (including vattr
eewajcf solid, gas, air);
Weld.ng in connection witn
laborer *c WvrK
CW A?O OIL PIP£LIN
(6" pip« and over)
CSIEEL-l. CTCPJ3, LAGGING,
s»u:rT;:/s AXD TKE;;CH E:-<AC:
Rand-guided Ia53ing harvaer
STEEL KSA^S?BO/J>0 KAN
DRILLES3 - (all pcver drills,
In-ljdin9 jac^Mar.-wr , vhetr.er
core, dia.-ror.d, vagon, tracn.
rultiple unit, and an/ and
all types of ncchanical
drills; Sar.d^laster
(nozile.-an)
KJWDES-AN, BLASTERS
KOCX StIKGDl
FENCE I7ECTORS:
Class 1
CUss 2
Clasi 3
(Tunnel and Shaft KorKJ
^3LL Gv*3| Concrete Crev
(includes rcxJtVrs ard
*?reai-:s); Dirptr^n:
Crout Crew; Ku-Kcrs.
(latoters) in sr.crt dry
(branri- ar-.J
to t-jr.r.e; voi«
TiJCCs: CsBle T«"v*rr:
'ntppcr: S'»»: r.:r- "jir.-i
And Setters' Holpvri Vitrjtor-
toolt
CfKXT
tp; driller)
0« tic
ft i
7.42
7.47
5 7.50
7.52
7.55
7.57
7.635
7.66
7.695
7.73
7.71
7.46
7.21
7. JOS
$ 7.50
. 7.60
7.70
H 5, ^
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.73
Fr..,. E...I.
1
1.83
1.83
*
1.83
1.83
1.83
1.83
• 1.83
1.83
1.63
1.83
1.83
1.83
1.S3
1.83
$ 1.63
1 «3
1.1}
.P.,.,,,.
.50
.50
.50
.50
.50
.50
I "V
.50
.50
.50
.50
.50
.50
.50
.50
.10
.50
*«r I..
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
.13
o
Oz
o
KW-3
S.D
Page 31
ao
O
«w
O
DECISION (O. CA77-5I43
LABOURS tConfdl
BLASTt?.n:5: Oriller«: Cherry
PicVeinen; Jtcrrper ar.d ot^*r
pnejiutlc concrete placer
oocretorei Miners, in snort
dry tunnelc ur.cer itreeta,
bighwayc anj similar places)
Kinerc, tunr.-l lhand ot
cachine) ; Pokier rxjn; ?rir>er-
nousei Ti*t>erraen: Rctis.berrr5e
(wood or ttcel): Sttel For"
Raisers and Setter*
SHAFT AK3 RAISE KISIS
«S2iITE tKKF.c3.S-.
Kotzle^en ar.d Rod-en
Cunacn
SECTION
FCWER E201PKIXT OrURXTOSS
Croup 1
Croup 2
Croup 3
Croup 4
Croup S
Croup &
Croup 7
Croup S
Croup 9
Fn*«» Br*rl.f» Pa,..««i
M...t,
S.i.t
7.15
8.00
7.94
7.62
7.205
t 9.75
10.03
10.32
10.46
10.63
10.79
10.91
11. OS
11.21
.70
.70
.70
.70
.70
.95
.95
.55
.95
.95
.95
.95
.95
.95
P ^
1.81
1.83
1.63
1.83
1.13
J 2.00
2.CO
2.CO
J.CO
2.CO
2.CO
2.CO
2.CO
2.00
.50
.50
.50
.50
.SO
.50
.50
.50
.50
.50
.50
.50
.50
.50
0?D>ATO;iS
.13
.13
.13
.13
.13
.04
.04
.34
.04
.04
.C4
.04
.04
.04
Croup 1: Brate«^n; Compressor (less than 630 C.P.M.I; E.uj:n«cc Oiler i
Generator; Heavy Outy Kcpaicun Helper; Pi=p: Sisaalxan: Svitcrj«an
Group 2: Cocpcessor 1600 C.F.H. or lars-r); Coocrete K:«cr, s«lp
type; Conveyor: Fitesjn; E/irostitsc Ft-p: Oiler Crus.-e: lasp~-.alt
ot concrete plar.t): Plait Operator, ocncu-.or, F^-rp o.- compressor:
Rotary Drill Helper ioiliicli:: SticlcaJer - *.ieei type ->? to 3/4
yd. v/o attac^-e-lts; Soils Field Tecnnician; Tir Tot Firecian;
Temporary Hejtitvj Plant; Tier.c.^.ir.'j Kjcr.ir.e Oiler; Truc«. Crane Oiler
«
Cto\jp 3: A-PrAM or wir.ch Truck. : Elevator Curator (ii5l<!<?): B;ulp"rnt
Crea:er (r»c») i Fork fciquior-. !v:ch dractypc jttacI-.-e.i-.t) : Helicopter
Radl&un (^rour.i) ; Po>--cz Conc:e;e C^.-inq hac.-iine: r-xr?: <_c.-.crete iaw;
Pover Driven JII.-DO Pora Sottcr; i-oss Carrier (job site); Stationary
Pipe K:»pp:ng arvd Cleamncj Kic!iin«; Chain.'^an
Crocp 4: Ajp.-.alt Plant Fircrjn; Potin? K^c.Mr.c; rcxr-jn o: Kiiertun
(iSp.'.aU oc cir.cretcl; CMiv Z?tt*£:ra Xi-;-ir>-; Co-r:«t- ?^rjp> Is.ojll
portable): Brid;c typ-.- Vr.lc IJ.T and t jr r.-. j.->;e ; D.n'ty !<>:jcotive or
Koto:cjn (u? to anj incluoin-7 10 tens); Eqjllx.^lit Cr-lse: 'crcjser
trurt); Eelicopter Hoi.it: i:i<:i:i.-.» Caalcua/ Sj?:i.i:Mr.: !:y.-iii-hjMrer-
acroStorepo:: Power Sir-:prr : r— -Her ,c-.;pactlr.-;; ; Scr-cd (asphalt or
concrete); Trer.chinj Hjcnine (u? to 6 It.); Fodtan
Croup 5: Mphalt Plar.t Er.qilter; Eackhoe (up to and includir.i} 3/4
ya.Ji Batch Plar.t; Die Sn.,rr?r.-r : Co-crete Joint Mi.-hir» :cinjl
and, tint Iji type1; Cor.crett I-Js-.T: ;<-< Frqinf: Crrr:c»rjt (oll-
ticld type); Crsllirii; rj:.i;-.c' C-:x>r3t:: lin'.lviJir^ WJ-.T wi-lls);
foixllft (crier l-t:i cjr.iri:-,-: Hy :::>7:i;tf..c S^.-J': -;r-:-« (stra-.
pulp or teeJ) ; :-str ..-rer.-.-ji; .VJJMr.e T-jc-1 Op-.-:\tor; r.^l-.nis Internal
Full Sl»s Visruv;r; r.ac\j..ical >:s. CJ:T cr Cjt-.er -cc-nrre'.* cr ati.nalt):
Kecna-.ical Finirr.e: (cor.^:e--.-C»J.-y. Jo-r.-.o. a I'-'-. --11 1: sia-.larl; Favc^.er.t
B:el<er ltr'jc< -«';r.-.oJj; :.-.:.'. ~.-ll M:sir-i .--i-M--: Fol-tt 'jsf.ilt cr fir.if":);
Rul^-:-t;r«i EA::S r.;.-.r.T -i-. «-.»r.i i.-.ile »-^T.?, -r •••» Jr'1 lr;cli:1iM J5
yards «Utc«.: .- relf-rrcre::ei TJ.- ?:rr:.-:rq M.ic^.-.ne: 31. p :>r« r^^ (po^tf -
tfrtven »yjrsj;-.c :•.!•.-.-.- <>.•;?* for c :r..--. vie J't-J'1: i«:?loujr :cra-le: «nd
vfceel typ.; ov<: 3/4 yard *r-J jr- -.a J-- :--l;-:irq IS jirJJli il'.ritcf Cr.ine
(Adi-. In-Vtj-.etn -., !.:.iljr t,-.-.; tr •. :t : - -Ml !.!-;rr . tnr^r scraper Uincle
j«rv7(-.e, «p to l.)« ft. p., tlj-----:. ar.= i.nlar types. JV '.o i".J incluJir.j !>5
• nj sicila: typ.-Mi TLCJ*r 'fujt '. ^r_i; Tjnnel Locoo>t»ve lover 10 *nd u? to
incluwin^ 10 tons*; Viel^cr- jo-r.era*
S.D
Page 32
SECTION 4
DECISION NO. CA77-SOO
POWER EC-OIWES7 OPERATORS (Cont'd) -
Group 6: Asphalt or Concrete Spreading (tapping or finishing); Asphalt
Paving Kjchine (Bonix.-*, Greene oc si.Tuljr ty;**; : 2r ic^e Crane Operator;
C*st-in-place Pipe Laying r*jcrur.c; ConSination tti<er and Compressor
• (gunite wor*); Ccr-p^ctcr , seif-prorx-iled; Concrete H;xer - pavirxj;
Cor-crete ?-j=rp (true* evented}-; Crane O^rator (^p to a;jd including
25 ton capacityj(Lor^-rooa pay applicable); Crushing ?lant; Drill
Doctor; Elevating Crjier; Fotnlifc '.over 5 tons.; Cradle Cneciteri
Cc«<Je-al); Grouting Kicrure; iicading ^hielJi Heavy Duty R^p<iiriun;
Eolst Operator {CMca^i So*« ar.J SIR:^JC type): tol=jri S<lt Loa<i^c
aj>4 siuilar tyj*e; LeTcucncjj 2ic5i Co-p^ctcr ct sixiiar type; Lift
KoMle; Lift Slat- KJcnine iVa^toc: J jnd a;.*1 liar t^"pes} ; Loader
(Athey, E-jclid, Sierra and siriiar typ*J j Material Hois*; hu-c*ing
Kachir.c U yard, t-;tber tirei. rail or trac« typ*;); Fr.eurat;c Cor.crete
Placing Hactiir.c |Hac<iey-?cessweii or similar '.ypcj; Hoterial Hoist;
Kuckir.g Kirr.irc* ;\ y^rd, r^c-^er trrei, rail or irac< type); F^-.ousjtic
Cor.cret.* Placing yjrhir.e ;HJC«. ley-Tr esswell cr s in lar type ) ; r^.e^^at ic
Eea^ir-9 Shield U-r.r.elJ, ?u=rc:«tc G^r.; Rotary 3::11 (exclucir.^ caisson
type) ; ?u!>^cr-tir eJ E-ir Lh Kovi.-.g Sq jjpocnt {ai.-.9lc er.qin»-<tt.ecpiller,
Euclid, Xthey Wj^cn, ar.J Ei_r:ijr ty;vs wuh ar.y i-.d aii'attacr-^ents
over 25 yards ar.-i up to jr.d ;-.:lud:r.q SO cj. yds. 6trjc«l; R^tr-rr-
tired Scraper lself-lo.•^J;^.•;-p^^JdIe wr.ee 1 type - _Tc-fc_i Z*ece( 1040
• nd ciailar eingie unit); S< iploa'.'er (crawler t.id «^e«l type - over
1H yards, cp to e.-.d ir.cludlr.5 t-j yaci^); S-cfaCT? Heater* end Plar.erj
Trenching K-schir-e (ever 6 feet depth capacity;; 7->.e: Ciar.e; Tractor
Cccpcessor D;ill Ccr;bi.-.ation; Tractor Jar.y ty;-e larger t.^an D-5-100
flyvhecl b.p. ar.d ever. "cr sinilar) Bulldozer, T£.ip*r, Scrap«r ar.d
Push Tractcr s;n3i.*? c^-3 ir.ej ; Ti art or itocr\ ax.iicr-~er.iij; Traveling
Pipe Wrapping, Cleaning and Ser.di.-.g .**jchir.<f Tur.^«i Locoootive (o^tr
30 tons)? Shovel Back.K.oe, wcaglir.e, Ciar.s^ell (ever 3/4 yard ar.d -jp
to 5 cu. yds. n.r.c.JlLong toca pay applicaDiej; Self-propcil<d Curb
end Gutter Kachine
5-
<Q
oz.
Croup 7: Crar.«, over 25 ton up to and including iOO tons n.r.c. (Zx>r.g
booa pay applic-Mel; I>t?rric* ?-arce i Icrg bocrr; poy app-1 icablej : Dual
Drira Kixer; >;ea-.->' Duty P.cpairyjr.-vel Jer Ccr-.ti-.at ior.; Hoist, Stiff-
le^s, Guy Derrick or similar type, op to ar.d :r.clji;r,g 100 tens (long
boon pay applicable); Monorail Zococotivc (diest-1, gas or electric);
Kotot P*^rol-blade Operator (sir.^ls trxjine); hjitiple ^igine Tractor
(Euclid er.d sir-ilar typo, except Q'Jad 9 CatM ?.,rc^r-tir«d H^rth
Jtovlrvj E^uipocr.t (single engine, over SO yards, struct) ; Ruri£«r- '
tired Earth Having nqjipocnt {multiple engine, Euclid, Caterpiller
and cir-ilAr) (over 25 yatds and u? to 50 cj. yes. struct): Shcvcl,
Back ho*. Dragline, Clar-srcll {o\-er 5 cu. yds. r.r.c.) (L-cr.g toon
pay applicable); 7*3vcr Crane Pepalrnan; Kixer ar.d similar pugmill
equipment; Party Chief
Croup 5: Auto Grader; Autorjtic Slip Form; Cra-.e-ov«r 100 tens (Lon<j
booa pay oppl icatle) i Hois^ - Stiff Legs, Cir/ [yrric^a oc siailac
type* (capobl* oi hcisting 103 tons ot nocei (Lcr.j toc-nt pay applicaMe •
Kass Excavator - less than 7SO cj. yds.; y.'cnatical Finishing ."jschir.-;
Kobile Fora Travelrr; Hot.ir ?atrcl (ay It i-cn; IT-- j ; Pipe resile Ka^nine;
Rubber-tired Earth hovir/j Er,jipoent (uHipl* er.^in^, £jcl:d, Caterpil
tnd stellar tyj.x; over 50 cu. yds. ctrucici i Rurr«?r-tire.l self-loading
Ccreper (padJle *rt",rel - auger typ* celf-lojdnq - 2 or »aor« units);
Rabber-tired Scraper - pus^i•:q or.e er.other w/o p-jsh cat. P-jsh-poll
(50C per hour adJitional to cuse rate); Tandem Di-j;pn>ent (2 units
only); Tar.deta Tractor (C-Jad 9 or sinllar type); Tunnel KD!* Boring
o
Group 9: Cansl Liner: Canal Trir.ncn Helicopter Pilot; KigSline Cablewayr
Reuote controlled L^rtn Moving r^uipront iSl.CD per r<ouc addirlcnal
to base rate}] fc^ccl Excavator (over 750 cu. yds.)
MV/-5
S.D
CrXTlSIOM HO. CA77>-SOO
SECTION 4
Page 33
ao
M
3
O
zo
o
>-<
WCXDC DRIVERS
PICKUPS (3/4 ton «n4 unrt^r),
Swappers end heip-rrai Traffic
control pilot car (excluding
loving heavy e<;utpoent)
TRUCK REPAIR-AS OR
CELPES
KAKEHO'JSEMIOI
INDUSTRIAL UFT
DCKP (less trian 8 yds.); D-jr.p'
or flatbed !2 atlei; Concrete
pur.plng; Fc.rk.lift (ur.der
15.000 Ibs.)
DCX7 (8 yds. and under 12) j
Di^r.p or flatbed (3 ajtles) r
LIFT (15,OCO Its and
o-*cc) : Rosa Carrier
K.'M? (12 yds. and unicr 16) |
D'J-T.p or flatbed (3 axles ,
wiUi teal)
T3UCXS (2 axles): Erosion
control noz:ler»en; ripclln*
drivsrs (including wi.ic.i a-.d
*?.! tizes); Roai oil spreader,
cecent dis tr :^jt.or or sljrry:
Ro«<3 oil c/r flirty ^oot»kan;
Prell truck
DO>O>CRE7E (lets U.an £H yards)
EROSION COSVBOU call's?: vatet
truc^ (3 ajtlcs)
OR aTS ASD EXPU5SIVES
DUK? (16 ysrdi and under 25) |
Durp or flatbed « utle or
core); Lowt<-d ar.d trailer;
Trair.3it itix (unci^r 8 yards) j
Cfcxji Mixer; S-.-j-crete t6S
yarA? and ovetj; D-jsipster
KMP (25 yards ar.d under 35)
CM 10'» or t« 20's or Euclid
typo e^v.-ipr-er.t ; LcTourneau
Pulls, Ttrrra Cobras or sioilar
type of eqji^riont regardiets
of typ« of attacr.-i.-r.tj vhen
performing woclt :n the
tensten* juritiiction or
P8 or similar type cC dursp
' truck, vith laaiir.i; jttacr^cr.t I
TROCX
OK we air. cocsrriEo:
or cca'-ir. »t Ion o:
»e.">iclej v^en ^r.dor perolt
load
t.i.r
5 7.87
8.07
8.12
8.20
8.23
8.28
8.35
8.35
8.38
5 8.44
8. SO
8.53
8.58
8.63
8.65
8.66
• .70S
H t W
.90
*
.so
.90
.90
.50
.90
.90
.90
.90
.90
.90
.90
.90
.90
.90
.90
.90
Fr,.,, Cfr.f
.85
.85
.85
.85
.85
.85
.85
.85
.85
.85
.85
.85
.8$
.85
.85
.85
.85
i, ?.,~~.i
s i.oo
1.00.
1.00
1.00
1.00
1.00
1.00
1.00
1.00
5 l.CO
l.CO
1.00
1.00
1.00
1.00
1.00
1.00
Aw. T,
.10
.- .10
.10
.10
.10
.10
.10
-10
.10
.10
.10
.10
.10
.1C
.10
.10
.10
/*"'
MV7-6
S.D
Page 34
SECTION
wo. CA77-504J
WOCX DRIVERS (Cont'd)
TOAXSI7-K1X (8 yards and
ovcc)
DCM? (3S yards <nd
under SO)
WATE* PULL TJ-VtnS; Keld-rj
A-rr»>e or Swedish Crane
DCH? (SO yards and
und«r (5)
{KX? (6S yaris and
over)
KWEH EJ'JIPH^.T OPERATORS
DRE3GIR:
/(Hydraulic Sjction Dredges)
LEVKOlAH
WATCH EfCINEZS; Welder
(Stern winch or dredge)
BAJ^ID'AS; Bcckhs.id;
Ollerj Leveehar.d
ar^hell Dredges)
IEVEI-MAN
VATCH ENS11-TEH
DECK KA.7E
EAJSCE KH7T
BAJtCEXW; Deckhand; Firer^n;
Oiler
t«ll<
H*wtrRet* t,
t e.72
8.76
8.7*
8.SS
8. S3
9.08
511, tO
11.02
10. 54
10.47
9.93
11.60
11.02
10. 5<
10.47
9.93
H 1. *
.90
.90
.90
.90
.SO
.90
.95
.95
.95
.95
.95
.95
.95
.95
.95
.95
i
.85
. .35
.85
.85
.85
.85
S 2.00
2.00
2.00
2.00
2.00
2iOO
2.00
2.00
2.00
2.00
* 1.00
1.00
l.CO
_,1.00
1.03
1.00
.50
.50
.50
.50
.50
.50
.50
.50
.50
.50
E 4xc«li»a
Axil. Tl.
.10
.10
.10
.10
.10
.10
.0«
.04
.04
.04
.04
.04.
.04
.04
.04
.04
<Q
O
•2.
O>
MW-7
S.D
Page 35
MINORITY EMPLOYMENT PLAN
BID CONDITIONS
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
For all construction contracts to be
awarded by the County of San Diego.
Part I: The provisions of this Part I apply to bidders,
contractors and subcontractors with respect to those construction
trades for which they are parties to collective bargaining agree-
ments with a labor organization or organizations and who together
with such labor organizations have agreed to the San Diego County
Minority Employment Plan for the Construction Industry (but only as
to those trades as to which there are commitments by labor organiza-
tions to specific goals of minority manpower utilization) between
the San Diego Building and Construction Trades Council and those of
its affiliated local unions, the Associated General Contractors, the
Building Contractors Associations of San Diego, and representatives
of the minority community included in the Unified Coalition, together
with all implementing agreements that have been and may hereafter be
developed pursuant thereto, all of which documents are incorporated
herein by reference and are hereinafter cumulatively referred to as
the San Diego Plan.
Page 36
Any bidder, contractor or subcontractor using one or more
trades of construction employees must comply with either Part I or
Part II of the Bid Conditions as to each such trade. Thus, a bidder,
contractor or subcontractor may be in compliance with these condi-
tions by its inclusion, with its union, in the San Diego Plan as to
trade "A", provided there is set forth in the San Diego Plan a spe-
cific commitment by that union to a goal of minority manpower
utilization for such trade "A", thereby meeting the provisions of
this Part I, and by its commitment to Part II in regard to trade
"B" in the instance in which it is not included in the San Diego Plan
and, therefore, cannot meet the provisions of this Part I.
To be eligible for award of a contract under Part I of this
invitation, a bidder or subcontractor must execute the certification
required by Part III hereof.
Part II: A. Coverage. The provisions of this Part II shall
be applicable to those bidders, contractors and subcontractors, who,
in regard to those construction trades to be employed by them on the
project to which these bid conditions pertain:
1. Are not or hereafter cease to be signatories to the San
Diego Plan referred to in Part I hereof;
2. Are signatories to the San Diego Plan but are not parties
to collective bargaining agreements;
3. Are signatories to the San Diego Plan but are parties to
collective bargaining agreements with labor organizations who are not
or hereafter cease to be signatories to the San Diego Plan;
Page 37
4. Are signatories to the San Diego Plan but as to which no
specific commitment to goals of minority manpower utilization by
labor organization have been executed pursuant to the San Diego Plan;
or
5. Are no longer participating in an affirmative action plan
acceptable to the Director, OFCC, including the San Diego Plan.
B. Requirement -- An Affirmative Action Plan.
The bidders, contractors and subcontractors described in paragraphs
1 through 5 above will not be eligible for award of a contract under
this Invitation for Bids, unless it certifies as prescribed in para-
graph 2b of the certification specified in Part III hereof that it
adopts the minimum goals and timetables of minority manpower utili-
!/zation, and specific affirmative action steps set forth in Section
B. 1 and 2 of this Part II directed at increasing minority manpower
utilization by means of applying good faith efforts to carrying out
such steps; or is deemed to have adopted such a program pursuant to
Section B. 3 of this Part II.
1. Goals and Timetables. The goals of minority manpower
utilization required of the bidder and subcontractors are applicable
to each trade not otherwise bound by the provisions of Part I hereof
which will be used on the project in San Diego County (hereinafter
referred to as the San Diego area):
Goals of Minority Manpower
Utilization Expressed in
Percentage Terms
Until 12-31-73 8% to 12%
From 1-1-74 to 12-31-74 12% to 16%
From 1-1-75 to 12-31-75 16% to 20%
From 1-1-76 to 12-31-76 20% to 24%
From 1-1-77 to 12-31-77 24% to 30%
I/ ."Minority" is defined as including and limited to Blacks, Mexican-
Americans, Filipino/Asian/Orientals and American Indians, and in-
cludes both men and women.
Page 38
In the event that under a contract which is subject to these
Bid Conditions any work is performed in a year later than the latest
year for which acceptable goals of minority manpower utilization
have been determined herein, the goals for 1977 shall be applicable
to such work.
The percentage goals of minority manpower utilization above
are expressed in terms of manhours of training and employment as a
proportion of the total manhours to be worked by the bidder's, con-
tractor's and subcontractor's entire work force in that trade on
all projects (both County and non-County) in the San Diego area during
the performance of its contract or subcontract. The manhours for
minority work and training must be substantially uniform throughout
the length of the contract, on all projects and for each of the trades.
Further, the transfer of minority employees or trainees from employer-
.to-employer or from project-to-project for the sole purpose of meet-
ing the contractor's or subcontractor's goal shall be a violation of
these conditions. In reaching the goals of minority manpower utili-
zation required of bidders, contractors and subcontractors pursuant
to this Part II, every effort shall be made to find and employ
qualified journeymen. Provided, however, apprentices or trainees
shall be employed on all projects subject to the requirements of
these Bid Conditions and, where feasible, 25 percent of apprentices
or trainees employed on each project shall be in their first year of
apprenticeship or training.
In order that the nonworking training hours of trainees may be
counted in meeting the goal, such trainees must be employed by the
contractor during the training period, the contractor must have made
a commitment to employ the trainees at the completion of their train-
ing subject to the availability of employment opportunities and the
Page 39
trainees must be trained pursuant to established training programs
which must be the equivalent of the training programs now or here-
after provided for in the San Diego Plan with respect to the nature,
extent and duration of training offered.
A contractor or subcontractor shall be deemed to be in compliance
with the terms and requirements of this Part II by the employment and
training of minorities in the appropriate percentage of his aggregate
work force in the San Diego area for each trade for which it is com-
mitted to a goal under this Part II.
However, no contractor or subcontractor shall be found to be in
noncompliance solely on account of its failure to meet its goals within
its timetables, but such contractor shall be given the opportunity to
demonstrate that it has instituted all of the specific affirmative
action steps specified in this Part II and has made every good fa^th
effort to make these steps work toward the attainment of its goals
within its timetables, all to the purpose of expanding minority man-
power utilization on all of its projects in the San Diego area.
In all cases, the compliance of a bidder, contractor or subcon-
tractor will be determined in accordance with its respective obliga-
tions under the terms of these Bid Conditions. Therefore, contractors
or subcontractors who are governed by the provisions of this Part II
shall be subject to the requirements of that Part regardless of the
obligations of its prime contractor or lower tier subcontractors.
All bidders and all contractors and subcontractors performing
or to perform work on projects subject to these Bid Conditions hereby
agree to inform their subcontractors of their respective obligations
under the terms and requirements of these Bid Conditions, including
the provisions relating to goals of minority employment and training.
Page 40
!• -,
2. Specific Affirmative Action Steps. Bidders, contractors and
subcontractors subject to this Part II must engage in affirmative action
directed at increasing minority manpower utilization, which is at
least as extensive and as specific as the following steps:
a. The contractor shall notify community organizations that
the contractor has employment opportunities available and shall main-
tain records of the organizations' response.
b. The contractor shall maintain a file of the names and ad-
dresses of each minority worker referred to him and what action was
taken with respect to each such referred worker, and if the worker was
not employed by the contractor, the reasons therefor. If such worker
was not sent to the union hiring hall for referral or if such worker
was not employed by the contractor, the contractor's file shall document
this and the reasons therefor.
c. The contractor shall promptly notify the County Contract
Compliance Office when the union or unions with whom the contractor has
a collective bargaining agreement has not referred to the contractor a
minority worker sent by the contractor or the contractor has other in-
formation that the union referral process has impeded him in his efforts
to meet his goal.
d. The contractor shall participate in training programs in
the area, especially those funded by the Department of Labor.
e. The contractor shall disseminate his EEO policy within his
own organization by including it in any policy manual; by publicizing
it in company newspapers, annual reports, etc., by conducting staff,
employee and union representatives' meetings to explain and discuss
the policy; by posting of the policy; and by specific review of the
policy with minority employees.
f. The contractor shall disseminate his EEO policy externally
Page 41
v. " i '•••'-'• • '"7
by informing and discussing it with all recruitment sources; by ad-
vertising in news media, specifically including minority news media;
and by notifying and discussing it with all subcontractors and suppliers.
g. The contractor shall make specific and constant personal
(both written and oral) recruitment efforts directed at all minority
organizations, schools with minority students, minority recruitment
organizations and minority training organizations, within the contrac-
tor's recruitment area.
h. The contractor shall make specific efforts to encourage
present minority employees to recruit their friends and relatives.
i. The contractor shall validate all man specifications,
selection requirements, tests, etc.
j. The contractor shall make every effort to promote after-
school, summer and vacation employment to minority youth.
k. The contractor shall develop on-the-job training oppor-
tunities and participate and assist in any association or employer-
group training programs relevant to the contractor's employee needs
consistent with its obligations under this Part II.
1. The contractor shall continually inventory and evaluate
all minority personnel for promotion opportunities and encourage minority
employees to seek such opportunities.
m. The contractor shall make sure that seniority practices,
job classifications, etc., do not have a discriminatory effect.
n. The contractor shall make certain that all facilities
and company activities are non-segregated.
o. The contractor shall continually monitor all personnel
activities to ensure that his EEO policy is being carried out.
Page 42
p. The contractor shall solicit bids for subcontracts from
available minority subcontractors engaged in the trades covered by these
Bid Conditions, including circulation of minority contractor associa-
tions.
3. Contractors and Subcontractors Deemed to be Bound by Part II.
In the event a contractor or subcontractor, who is at the time of bidding
eligible under Part I of these Bid Conditions, is no longer participa-
ting in an affirmative action plan acceptable to the County's Contract
Compliance Office, including the San Diego Plan, he shall be deemed to
be committed to Part II of these Bid Conditions. Further, whenever a
contractor or subcontractor, who at the time of bidding is eligible
under Part II of these Bid Conditions, uses trades not contemplated
at the time he submits his bid, he shall be committed to Part II for
those trades. Whenever a contractor or subcontractor is deemed to be
committed to Part II of these Bid Conditions, he shall be considered to
be committed to a manpower utilization goal of the minimum percentage
range for that trade for the appropriate year.
4. Subsequent Signatory to the San Diego Plan. Any contractor
or subcontractor subject to the requirements of this Part II for any
trade at the time of the submission of his bid who together with the
labor organization with whom it has a collective bargaining agreement
subsequently becomes a signatory to San Diego Plan, either individually
or through an association, may meet its requirements under these Bid
Conditions for such trade, if such contractor or subcontractor executes
and submits a new certification committing himself to Part I of these
Bid Conditions. No contractor or subcontractor shall be deemed to be
subject to the requirements of Part I until such certification is exe-
cuted and submitted.
Page 43
5. Non-discrimination. In no event may a contractor or sub-
contractor utilize the goals, timetables or affirmative action steps
required by this Part II in such a manner as to cause or result in
discrimination against any person on account of race, color, religion,
sex or national origin.
Part III: Certifications.
A. Bidders' Certifications. A bidder will not be eligible
for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its Bid the following certification,
which will be deemed a part of the resulting contract:
Page 44
f-
CERTIFICATION '
"3
BIDDERS' CERTIFICATION
certifies that:
(Bidder)
1. It intends to employ the following listed construction trades in
its work under the contract
ana
(a) as to those trades set forth in the preceding paragraph one
hereof for which it is eligible under Part I of these Bid Conditions
for participation in the San Diego Plan, it will comply with the
San Diego Plan on this and all future construction work (both County
and non-County) in the San Diego area within the scope of coverage
of that Plan, those trades being:
and/or
(b) as to those trades for which it is required by these Bid Condi-
tions to comply with Part II of these Bid Conditions, it adopts the
minimum minority manpower utilization goals and the specific affir-
mative action steps contained in said Part II,on this and all fu-
ture construction work (both County and non-County) in the San Diego
area subject to these Bid Conditions, those trades being:
find
it will obtain from each of its subcontractors and submit to the
County Contract Compliance Office prior to the award of any sub-
contract under this contract the subcontractor certification re-
quired by these Bid Conditions.
(Signature of authorized representative of bidder)
Page 45
B. Suboontractors' Certifications. Prior to the award
of any subcontract under this Invitation for Bids, regardless of
tier, the prospective subcontractor must execute and submit to the
Prime Contractor the following certification, which will be deemed
a part of the resulting subcontract.
Page 46
SUBCONTRACTORS'
SUBCONTRACTORS' CERTIFICATION
certifies that:
(Subcontractor)
1. It intends to employ the following listed construction trades
in its work under the subcontract
(a) as to those trades set forth in the preceding paragraph one
hereof for which it is eligible under Part I of these Bid Condi-
tions for participation in the San Diego Plan, it will comply
with the San Diego Plan on this and all future construction work
(both County and non-County) in the San Diego area subject to
these Bid Conditions, those trades being
, and/or
(b) as to those trades for which it is required by these Bid
Conditions to comply with Part II of these Bid Conditions, it
adopts the minimum minority manpower utilization goals and the
specific affirmative action steps contained in said Part II on
this and all future construction work (both County and non-
County) in the San Diego area subject to these Bid Conditions,
those trades being:
and
3. it will obtain from each of its subcontractors prior to the
award of any subcontract under this subcontract the subcontractor
certification required by these Bid Conditions.
(Signature of authorized representative of bidder)
Page 47
fc
In order to ensure that the said subcontractors' certification
becomes a part of all subcontracts under the prime .contract, no sub-
contract shall be executed until an authorized representative of the
County of San Diego had determined, in writing, that the said certi-
fication has been incorporated in such subcontract, regardless of
tier. Any subcontract executed without such written approval shall
be void.
C. Materiality and Responsiveness. The certifications
required to be made by the bidder pursuant to these Bid Conditions
is material, and will govern the bidders' performance on the pro-
ject and will be made a part of his bid. Failure to submit the cer-
tification will render the bid nonresponsive.
Part IV: Compliance and Enforcement. Contractors are respon-
sible for informing their subcontractor (regardless of tier) as to
their respective obligations under Parts I and II hereof (as applic-
able). Bidders, contractors and subcontractors hereby agree to
refrain from entering into any contract or contract modification
with a contractor debarred from, or who is determined not to be a
"responsible" bidder for, County construction contracts. The bidder,
contractor or subcontractor shall carry out such sanctions and penal-
ties for violation of the equal opportunity clause including suspen-
sion, termination and cancellation of existing subcontracts as may be
imposed or ordered by the County of San Diego. Any bidder, or con-
tractor or subcontractor who shall fail to carry out such sanctions
and penalties shall be deemed to be in noncompliance with these Bid
Conditions.
Page 48
Nothing herein is intended to relieve any contractor or sub-
contractor during the term of its contract on this project from com-
pliance with Executive Order 11246, as amended, and the Equal Oppor-
tunity Clause of its contract, with respect to matters not covered in
the San Diego Plan or in Part II of these Bid Conditions.
Violation of any substantial requirement in the San Diego Plan
by a contractor or subcontractor covered by Part I of these Bid
Conditions including the failure of such contractor or subcontractor
to make a good faith effort to meet its fair share of the trade's
goals of minority manpower utilization, or of the requirements of
Part II hereof by a contractor or subcontractor who is covered by
Part II shall be deemed to be in noncompliance by such contractor or
subcontractor with the Equal Opportunity Clause of the contract, and
shall be grounds for imposition of the sanctions and penalties pro-
vided in these Bid Conditions.
The County shall review contractors' and subcontractors' employ-
ment practices during the performance of the contract. If the County
determines that the San Diego Plan no longer represents effective
affirmative action, it shall so notify the Office of Federal Contract
Compliance which shall be solely responsible for any final determina-
tion of that question and the consequences thereof.
In regard to Part II of these conditions if the contractor or
i
subcontractor meets its goals or if the contractor or subcontractor
can demonstrate that it has made every good faith effort to meet those
goals, the contractor or subcontractor shall be presumed to..be in com-
pliance with these Bid Conditions and no formal sanctions or proceedings
leading toward sanctions shall be instituted unless the County other-
wise determines that the contractor or subcontractor is not providing
Page 49
equal employment opportunities. In judging whether a contractor
or subcontractor has met its goals, the County will consider each
contractor's or subcontractor's minority manpower utilization and
will not take into consideration the minority manpower utilization
of its subcontractors. Where the County finds that the contractor
or subcontractor has failed to comply with the requirements of the
implementing regulations and its obligations under these Bid Condi-
tions, the County may impose one or more of the following sanctions:
(a) Find that the contractor is not a responsible bidder for
any future contracts until he has demonstrated to the satisfaction of
the County that he has made a good-faith effort to improve minority
employment, and will comply with the Bid Conditions in effect at the
time of any future bids; in no event shall he be a responsible bidder
on contracts advertised within one year from such finding, unless
earlier approved by the Board of Supervisors.
(b) Terminate the entire contract effective at a time specified
by the County.
(c) Terminate any portion of the contract or work thereunder.
(d) Direct the prime contractor to terminate all or part of the
contract with any subcontractor determined to be in violation of the
Bid Conditions.
(e) Find that any subcontractor in violation of this
Program is not a responsible party to a County contract and refuse to
accept bids from prime contractors who intend to use such subcontractors
in performing County contracts, "'until the subcontractor has demonstrated
. • •
to the satisfaction of the County that he has made a good-faith effort
to improve minority employment and will comply with the Affirmative
Page 50
Action Program in effect at the time of any future bids; in no event
shall he be a responsible party to any County contract advertised
within one year from such finding unless earlier approved by the Board
of Supervisors.
(f) Since it is one purpose of this Affirmative Action Program
to improve employment of racial and ethnic minorities which made up a
substantial portion of the welfare cost to the County, and since it is
estimated that greater minority employment will reduce such cost in an
amount not capable of accurate measurement there may be assessed the
sum of 1/4 of 1% of the contract price as liquidated damages for each
day under the contract for which the contractor has failed to comply
with these Bid Conditions. Such liquidated damages shall be a minimum
of $25.00 per day and a maximum of $100.00 per day.
When the County proceeds with such formal action it has the burden
of proving that the contractor has not met the requirements of these
Bid Conditions, but the contractor's failure to meet his goals shall
shift to him the requirement to come forward with evidence to show that
he has met the "good faith" requirements of these Bid Conditions by
instituting at least the Specific Affirmative Action Steps listed above
and by making every good faith effort to make those steps work toward
the attainment of its goals within its timetables. The pendency of
such formal proceedings shall be taken into consideration by the County
in determining whether such contractor or subcontractor can comply with
the requirements of these Bid Conditions, and is therefor a "respon-
sible prospective contractor" within the meaning of County regulations.
It shall be no excuse that the union with which the contractor has
a collective bargaining agreement providing for exclusive referral
failed to refer minority employees.
.Page 51
For the information of bidders, a copy of the San Diego Plan may
be obtained from the County Contract Compliance Office.
Part V: Records and Reports. Contractors and subcontractors
shall maintain and permit access to updated employment records which
will indicate the distribution of minority and "other" groups by
craft or trade classification and respective man-hours worked each month.
The "Monthly Manpower Utilization Report" (Form 66) will be submitted
in time to reach the County Contract Compliance Office by the 5th of
each month. This will require a cut-off date of the 25th of each month,
or earlier as desired, for reporting purposes. Subcontractor reports
will be obtained by the prime contractor and submitted with his own
report.
Page 52
City of Carlsbad
Engineering Department
CONTRACT NO. .1040
SPECIAL PROVISIONS
I. General Requirements
A. Scope of Work
The work covered by these specifications consists of
furnishing all labor, equipment, materials, and per-
forming all operations for the construction of concrete
sidewalk and other appurtenant work at various locations
in the City of Carlsbad.
B. Work Schedule
The Contractor shall furnish the Engineer with a tenta-
tive work schedule at the preconstruction conference,
which will be held in the Office of the City Engineer
prior to starting construction.
The Contractor shall begin work within (15) days after
being duly notified by an issuance of a "Notice to
Proceed" and shall diligently prosecute the work to
completion within (45) consecutive calendar days from
the date of commencement of said work.
C. Plans and Specifications
All work shall be done in accordance with "Standard
Specifications for Public Works Construction" 1976
edition. In case of conflict, the Special Provisions
shal 1 control .
The construction plans consist of four sheets designated
as City of Carlsbad Drawing No. 187-5. The standard
drawings utilized for this project are Regional Standard
Drawings of the San Diego Area. Copies of pertinent
standard drawings are enclosed with these documents.
It shall be the responsibility of the Contractor to
carefully examine the site of the work contemplated, the
plans and specifications, and the proposal and contract
forms thereof. The submission of a bid shall be con-
clusive evidence that the bidder has investigated and is
Page 53
" ' " '**-'< t * ysatisfied as to the conditions to De encountered, as to the
character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements
of the proposal, plans and specifications and the contract.
D. Water for Construction
The Contractor shall obtain a construction meter and pay
all fees and deposits for water utilized during construc-
tion of this contract. The Contractor shall contact the
City Water Department for requirements.
Compensation for water fees shall be included in the vari-
ous contract unit prices and lump sum prices of the construe'
tion work and no additional payment shall be made.
E. Pedestrian and Vehicular Traffic Control
Traffic shall be maintained in accordance with Section 7-10
of the Standard Specifications. Proper barricading shall
be maintained at all times.
F. Utilities
The Contractor shall locate and protect existing utilities
during the performance of his work pursuant to Section 5 of
the Standard Specifications modified as follows:
The Contractor shall contact the following agencies at least
48 hours prior to construction for location of underground
utilities:
San Diego Gas & Electric Co. 714-235-6323
Pacific Telephone Co. 714-298-0595
City of Carlsbad, water, sewer, storm 714-729-1181
.drain and street light circuits Ex. 45
G. Measurement and Payment
Measurement and payment shall conform to applicable sections
of the Standard Specifications.
Partial payments will be made at end of each calendar month
in amount of 90% of the value of work completed. The 10%
retention will be paid thirty-five (35) days after the
Notice of Completion is recorded.
11. Sidewalk Removal
Removal of sidewalk, including required saw cut, shall conform
to Section 300-1.3 of the Standard Specifications.
Page 54
Payment for removal of sidewalk shall be made on a square foot
basis per the unit price as shown in the bid proposal including
required saw cutting.
III. Concrete Sidewalk
The construction of concrete sidewalk shall conform to Section
303-5 of the Standard Specifications.
IV. Asphaltic Driveways
Asphalt concrete for driveways shall conform to Section 302-5
and Section 400 of the Standard Specifications and shall be
Type III D. Asphalt shall be AR-4000 grade.
D. a n Q
vanns Width as shown on plan
NON-CONTIGUOUS
Width as shown on plan
CONTIGUOUS
'
NOTES
1. Concrete shall be 517 - C - 2500.
2. See Standard Drawing G-10 for joint details.LEGEWD ON PLANS
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
SIDEWALK - TYPICAL SECTIONS
m'COMMF.'Mltll OY THE SAN Cifnn
BtCIUNAI STA>iOAHUS COMMHTti
_ _CD9idiiut«r RVl'VJSOl Uilt
DRAWING
NUMBER
Page 56
Mid Point of Curb Return
P.C.R.
5' Typ.
c
NOTES
1. Expansion Joints at curb returns, and adjacent to structures.
(See Standard prawing G-10).
2. Weakened Plane Joints at mid point of curb return, when required,
and at 15' intervals from P.C.R.'s (See Standard Drawing G-10).
3. 1/4" grooves with 1/4" radius edges at 5' intervals.
4. See Standard Drawing G-8 for installation of sidewalk ramps.
- Rpvision
.C,
By Approved Dati;SAN DIEGO REGIONAL STANDARD DRAWING
SIDEWALK JOINT LOCATIONS
HtCOMMtNUcD BY THt SAM OIHilJ
HfTilONAL SMNIIAHOS CDVWITTFE
Cm»il>rutoi RCE. \
DRAWING p Q
NUMBER U-y
Page 57
Expansion Joint filler material
-1/4" R
J>
** .'*.".
I1 -.?l
•
X
*' .'<
• 1/2"
1/4" R
• # 4 x 22" Bar x 30" C.C.
EXPANSION JOINT CONTACT JOINT
• Preformed Joint filler
1/4"
1/4" R
WEAKENED PLANE JOINT
PAVEMENT
WEAKENED PLANE JOINT
SIDEWALK
-1/4" R
j> T-
.••v;*;v'..s'"'. '
-^
-1 o1
— * —
d1
J
CM '
*~
-1 5/8'
^•!S
(,-*•• -.-^
.
KEYED JOINT
ftK/IMMENOEO BY THE SAN DIEGO
'NAL STANOAHOS COMMITTEE_
-foe, /ra
R c.c. isaor
DRAWING
NUMBER G-10
SAN DIEGO REGIONAL STANDARD DRAWING
CONCRETE JOINT DETAILS
Revision By Date
Existing Score Mark-
Existing Score Mark
Area to be removed
Extend to existing
score mark or joint
SIDEWALK PLAN
Area to be removed
Extend to existing
score mark or joint
Page 58
'—Existing Joint
SIDEWALK SECTION
Existing-Joint
Area to be removed
30" min from existing
joint or edge of curb
CURB PLAN
PAVEMENT SECTION
' 3
6
-Existing Joint or Edge
1
o
;;••=•r"
Area to be removed "
'•*•'•'*• ' , .*
or edge of pavement.
:*;.. ''^
, ^~X
"
Existing Joint or Edge
Remaining edge to be smooth
and true with no shatter.
•.L.Portland cement concrete
to be removed «-
NOTE
When distance from, "Area to be removed", to existing joint, edge
or score mark is less than minimum shown, "Area to be removed",
shall be extended to that joint, edge or score mark.
- SECTION
Showing Cut
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
PORTLAND CEMENT CONCRETE CURB,
GUTTER, SIDEWALK AND PAVEMENT
REMOVAL AND REPLACEMENT
RFCOMMtNtltU BY THt SAN nil-fid
REGIONAL STANDARDS COMMUTEE
HCt
DRAWING
NUMBER
Page 59
Property Line
Non-contiguous Sidewalk
Contiguous Sidewalk
I
1 Weakened Plane Joint
PLAN
Driveway Curb Opening
Driveway width shown on plans
- Depressed Curb
Bottom of Curb U" R (typ.]
ELEVATION
Edge of Sidewalk -
• Normal Rise 1/4" per foot
I
4" Residential
6" Commercial
J
SECTION 2" R--1" above Gutter
NOTES
1. No concrete shall be placed until forms and subgrade are inspected by the
Agency.
2. Concrete shall be 517-C-2500.
3. Weakened plane joints reciuired on driveway £ for driveways 12 ft. to 24 ft.
wide, driveways wider than 24 ft. to 30 ft. wide shall have two weakened
plane joints evenly spaced.
4. See standard drawings G-15 and G-16 fur width and location requirements.
LEGEND ON PLANS
4-of . Residenti.il
(Commercial)
Driveway
HMi-NDFD 8Y THF SAN (1IEGO
.AL STANDARDS COMMMTEE
Cooiilinjliw R C E. I 'ISO/ Om '
DRAWING
NUMBER
SAN DIEGO REGIONAL STANDARD DRAWING
CONCRETE DRIVEWAYS
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