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HomeMy WebLinkAboutLindo Engingeering; 1985-11-15; 3704CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for DEPOT PARKING LOT CONTRACT NO. 3704 JULY 1985 ENGINEERING DEPARTMENT 438-5529 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1-2 PROPOSAL 3-5 BIDDER'S BOND TO ACCOMPANY PROPOSAL 6 DESIGNATION OF SUBCONTRACTORS 7-8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERTISE 10 CONTRACT 11-15 LABOR AND MATERIALS BOND 16-17 PERFORMANCE BOND 18-19 GENERAL PROVISIONS 20-25 CERTIFICATION OF COMPLIANCE 26 HUD REQUIREMENTS 27 SPECIAL PROVISIONS 62 CITY OF CARLSBAD, CALIFORNIA NOTICE. INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the % Tfi~ day of AUG"U*>T" 1985" at which time they will be opened and read for performing the work as follows: DEPOT PARKING LOT CONTRACT NO. 3704 The work shall be performed in strict conformity with the specifications therefore as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's estimate. The estimate quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate is $2o,OOO No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. Page 2 One set of plans, special provisions, and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $ IQ per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. A prebid meeting and tour of project site vi 1-1/will not be held on ^21 a*- ' at . Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) of the contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ffp && , adopted on the_ \% day of Dfte/Aletha L. Rautenkranz, City ClerK /*- Page 3 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 CITY OF CARLSBAD CONTRACT NO. J|ROPOSAL The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3704 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item Article w/Unit Price or No. Lump Sum Written in Words DEMOLITION 1 . Sidewalk 2. Wooden Fence 3. Concrete Block Wall 4. Chain Link Fence EARTHWORK 5. Cut 6 . Export CONSTRUCTION 7 . Redwood Headers 8. Concrete Curb & Gutter 9. Concrete Curb 10. Concrete Cross Gutter 11. AC Paving with Aggregate Base 12. AC Overlay 13. Pavement Striping 14. 4' Concrete Wheel Stops Approximate Quantity & Unit 9 SY LS 375 CF 49 LF 144 CY 144 CY 134 LF 94 LF 160 LF 126 SF 6450 SF 230 SF 1100 LF 24 EA TOTAL The foregoing work shall include furnishing all materials, abor, and equipment necessary to complete site work, surfacing, concrete work, painting and testing all in accordance with the contract documents . Page 4 Total amount of bid in words UbulTux^ .a/-^/ * Total amount of bid in numbers: $ _ " V ' Addendum (a) No(s) _ has /have been received and is/are included in this proposal. All bids are to be computed on the basis of the given estimated quantities or work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License NbQ/)9<3^H\ Identification The undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, -firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. O Page 5 Accompanying this proposal is ^ELvck vOflAaA (Cash, Certified Check, Bond or Cashier's Check) in the amount of not less than ten percent (10%) of the total bid price. I 1 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. Phone 'Number Date Authorized Signature Bidder's Address Type of Organization (Individual, Corporation, Partnership) List below names of President; Secretary; Treasurer; and Manager, if a corporation; and names of all partners, if a partnership: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) aaagaaggag^^^gg^ggpppppifragK^^ State of County of SAN DIEGO ss. OFFICIAL SEAl MARGARET E. MeCOBB NOTARY PUBLIC CALIFORNIA C PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commfulon Expire* Dec. 26, 1987 GENERAL ACKNOWLEDGMENT FORM 71IOOS2 On this the 8TH day of AUGUST 19 85 before me, 4-MARGARET E. the undersigned Notary Public, personally appeared T. STANFORD GOODMAN $t personally known to me D proved to me on the basis of satisfactory evidence to be the personf^) whose name(JQ within Instrument, and acknowledged that WITNESS my hand and official seal. .subscribed to the executed it. Notary's Sigfylture NATIONAL NOTARY ASSOCIATION • 230)2 Venlur. Blvd. • WoodUnd Hill.. CA 91364 FL.-A.NE3T HEAD OFFICE. MADISON, WISCONSIN POWER OF ATTORNEY "Sfcfe-;-. KNOW XlL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY. • corporation duly organized under the laws of the State of Wisconsin, does hereby make, constitute and appoint » MARGARET E. McCOBB of SAN DIEGO, CALIFORNIA its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney ^ Kin-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981. which provisions are now in full fore* and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity .other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to ' -iopies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982. at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this 19th day of October 19 R"3 PLANET INSURANCE COMPANY ,"> /J> J^. r Vice President / ^ STATE OF Washington COUNTY OF King On this 19th day of October .19 83 . personally appeared C. Brian Schmalz to m« known to be the Vice-President of the PLANET INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1,2, and 3 of the By-Laws of said Company, and the Resolution. ut forth therein, are still in full force. My Commission Expires: July 20 >19 86 'v$$~£? NotarV^ublic in and for State of Washington •f"' • Residing at Milton W I. James E. Heath . Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY, which is still in full force »nd effect. IN WITNESS WHEREOF, I have hereunto s«t my hand and affixed the teal of said Company this &TH day of AUGU/STJ / 19 85 Assistant Secretary Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL ————— KNOW ALL PERSONS BY THESE PRESENTS: That we, UNDO ENGINEERING^ , as Principal, and PLANET INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum QfTEN PERCENT (10%) OF AMOUNT BID Dollars ($ ), lawful 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: the construction of Depot Parking Lot in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. in witness whereof, we hereunto set our hands and seals this 8TH day of AUGUST » 19 85 • Corporate Seal (If Corporation) LINDO ENGINEERING PLANET INSURANCE COMPANY . McCOBB, Attorney-ln-Fact Title (/ (Notarial acknowledgement of execution by all PRINCIPALS (Attach acknowledgement of and SURETY must be attached.) Attorney in Fact) TO 447 CA (4-73) (Individual) STATE OF CALIFORNIA C6UNTY HP tJ>9/*/ & \ u 1 i SS. TITLE INSURANCE AND TRUST A T1COW COMPANY State, personally appeared before me, the undersigned, a Notary Public in and for said 2^, , known to me * to be the person whose name • to the within instrument and acknowledged that, executed the same. WITNESS my h£nd ancUrfCiaf seal. subscribed SAN DIEGO COUNTY My CSn^issian Exp Sept. 27. 1985 Signature. Name (Typed or Printed) (Thli wn hr ««tlil notarial >Ml) 88888888888! SS. SAN D1EOO OFFICIAL SEAl MARGARET E. McCOBB NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commlufon ExplnM Dae 26, 1987 On this the_ZItJday of MARG> AUGUST 1985 , before me. the undersigned Notary Public, personally appeared •, T. STANFORD GOODMAN p & |ersonally known to me CJ; proved to me on the basis of satisfactory evidence to be the person($.whose name(S) subscribed to the within Instrument, and acknowledged that executed it. \MTNESS my hand and official seal. ^y\^a^^^se^M^~ GENERAL ACKNOWteOOMENTFOHM 7IIOOM NATIONAL NOTARY ASSOCIATION • 23012 Venluri Blvd. • Woodland Hills. CA 91364 Page 7 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her 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 applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Items of Work /)/?. Full Company Name Complete Address w/Zip Code Phone No. w/Area Code C San Diego Unified Port District (Myron Jose) #291-3900 Dike Breaching in National City ' completed 1982 * 45,000 County of San ^iego Public Works (Ed Maaanzan) ^65-5125 Montgomery Walkways—street t realign-- completed 1982 $120,392 *&-'c>1\\ g. S. Navy Camp Pendleton (Bob flyman) #725-3136 Repair Drainage and Erosion Control ' completed 1982 $106,735 U. S. Navy Naval Ocean System Center (Leon) Streets and Parking repairs, erosion control, landscaping, —completed 19^2 $126,886 U. S. Navy 32nd Street-#235-3772 (Jim Paulish—btreet and Road.Repairs completed 1983 $ 140,000 U. S. Navy Public Works #235-3772 Puleta Creek Erosion Control completed 1983 $120,000 State of Calif. (Roy Hesgo) # 237-6408 Hwy 94 Campo Realign river Completed 1983 $00,908 ,U. 5. Navy Camp Pendleton #725-3136 Erosion control completed I9d3 $150,000 City of El Cajou Public Works #440-1776 Improvements of Greenfield Drive. Gradiiig, paving curbs, gutters completed 1984 $65,000 City of Santee Public Worku Jim Paige (#258-0206 Annual concrete repairs completed 1984 $ 32,000 Dept of Navy #725-3136 Repair Drainage area 22, Camp Pendlaton, excavate for drain channel pipe and backfill (subcontractor to Brinegar & Fuller, J-ric.) 1984 $440,790 State of Cal. Dave Scheidnes (#698-9177) Realign a portion of #94 complete 1984 $158,400 of Santee #258-0206 Santee Raised Medians Completed 1985 -« Mr. Hector Ezquerro $ 151,009 On this the _ZLb day of 1985 , before me, MARGARET E. McCQBBCounty of SAN DIEQQ the undersigned Notary Public, personally appeared T. STANFORD GOODMAN personally known to me proved to me on the basis of satisfactory evidenceOFFICIAL SEAl MARGARET E. McCOBB NOTARY PUBLIC CALIFORNIA PRINCIPA1 OFFICE IN SAN DIEGO COUNTY My Commluton Expirts Doc. 26, 1987 to be the personOlwhose name(>0 subscribed to the executed it.within instrument, and acknowledged that ITNESS my hand and official seal. GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION • 23012 Veotufi Blvd. • Woodland Hills. CA 91364 Page 8 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pageis can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid (? or %) *Licenses are renewable annually by January 1st. If no valid license indicated "NONE". Valid license must be obtained prior to submission of signed contracts. UNDO ENGINEERING (Notarize of Corporate Seal) Bidder meLa »V.3ca, Cat 92041 # 44S-S731 Lie. # 2CGQ2-4 Bidder's Complete Address -,7 // \ Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSI BILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. * . i /n tcUO i i 3J 1 fl .( I \ f t£ (Notarize of Corporate Seal) Signature A B C E (F) .(SP***.o RECEIVED oT. STANFORD GOODMAN dba. UNDO ENGINEERING STATEMENT OP ASSETS AND LIABILITIES CITY 0? CARLSBAD 31 DECEMBER 1984 ENGINEERING D£?AJ!!ft ASSETS SCHEDULES Cash in Banks & on Hand Accounts Receivable Retentions Earned Loans Receivable Residence Furniture-Fixtures Income Property Investment First Trust Deed Equipment-autos-trucks LIABILITIES 50,068 117,95356,210 2,500 73,00017,000 210,000 90,000 180,000 $ 796,731 SCHEDULES Accounts Payable Trade Other Accounts Payable (H) Notes Payable Rental Deposit Accured Payroll Tax (E) Mortgage Payable Long Term (G) Equipment Mortgage Long Term 58,538 2,244 36,855 200 1,995116,182 15,708 231,722 T. STANFORD GOODMAN dba UNDO ENGINEERING 31 DECEMBER 1984 SCHEDULE (A) Cash in Banks i Grossmont Great American Great American Grossmont #022206-01 #0300075269-5 #0300071630-2 #02-412683-06 SCHEDULE (B) Accounts Receivable! Bringgar & Fuller Inc. State of California City of Santee S. D. Unified School District CHD Development $ 32,806 4,307 6,692 6,263 57,490 31,298 1,792 17,850 7,748 Payments -0- 44,091 6,801 5,318 2,500 Worth 73,000 Oweing -0- SCHEDULE (C) Retentions Earned* Brinegar & Fuller Inc. State of California City of Santee SCHEDULE (D) Loans Receivable* C. A. Redden (secured by auto) SCHEDULE (E) Residence* 9643 Mast Blvd. Income Property* 9611 Mast -t*lvd. Santee 13227 SaddleRidge Lakeside 738 St. George El Cajon SCHEDULE (F) Trust Deeds $90,000 Interest due monthly <d $ 825 all due and payable November 6, 1985 Kathel Corporation SCHEDULE (G) « Equipment-Vehicles * Cat 977 track loader, Cat 966C wheel loader, Cat 12 Motor Grader VR-54 Viabrator compactor, Dodge 5 ton dump truck, auto & trucks, Water truck 1800 gal. cap. (977 loader financed by San Diego National Bank $927 mo. Balance remaining $ 15,708) 384 mo. 334 mo. 602 mo. 73,500 74,500 62,000 36,171 30,524 49,487 Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. Date . Name and Phone No. Contract Name and Address of Person Amount of Completed of the Employer to Contact Type of Work Contract (Notarize or Corporate Seal) Sign I state of California V On this the _ZHL day of AUGUST before me. County of SAN DIEGO IRISH DOMINIQUE the undersigned Notary Public, personally appeared * MARGARET EMcCOBB _ ; __ 09 personally known to me D proved to me on the basis o( salislactory evidence to be the person(s) who executed the within instrument as ATTORNEY IN FACT or on behalf of the corporation therein OFFICIAL SEAL IRISH DOMINIQUE NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 11,1989 named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature NATIONAL NOTA3Y ASSOCIATION • J30II Vjntu'i BM.' Woodland HillJ. CA 91364SCGM5.Nr FQflM n» QS2 MARGARET E. McCOBB the undersigned Notary Public, personally appeared T. STANFORD GOODMAN OFFICIAl SEAl MARGARET E. McCOSB NOTARY PUBLIC. CALIFORNIA PRINCIPAL Of-FICE IN -j SAN DIEGO COUNTY g My CommlMion Expires Dee. 26, 1987 /^T^^^^ tegapgs^aaagaaagggaaggg^^ Notary's Siortature subscribed to the executed it. .0 personally known tome D proved to me on the basis of satisfactory evidence to be the personOfl whose nameOQ within instrument, and acknowledged that WITNESS my hand and official seal. Z. GENERAL ACKNOWLEOCMENT FORM 7110062 NATIONAL NOTARY ASSOCIATION • 23012 Venluii Blvd. • Woodland Hills. CA 91364 LA San Diego Unified Port District (Myron Jose) #291-3900 Dike Breaching in National City completed 1932 8 45,000 County of San -^iego Public Works (Ed. Jlamanzan) #565-5125 Montgomery Walkways — street — comltd 182 1202 fr^* a TJ, -, ' r^'^fc* ^<T,t "«c **< *. e*lrealign— completed 1982 8120,592 .U. S. Navy Camp Pendleton (Bob Ryman) #725-3156 Repair Drainage and Erosion Control completed 1932 5106,735 U. S. Navy Naval Ocean System Center (Leon) Streets and Parking repairs, erosion control, landscaping, --completed 19^2 $126,686 U. S. Navy 32nd Street-#235-3772 (Jim Paulish--Street and Road -Repairs completed 1983 $ 140,000 U. S. Navy Public Works #235-3772 Puleta Creek Erosion Control completed 1933 $120,000 ^State of Calif. (Roy Hesgo) # 237-6408 Hwy 94 Campo Kealign river Completed 1903 $00,903 U. 5. Navy Camp Pendleton #725-3136 Erosion control completed 19«3 $150,000 City of El Cajoii. Public Worses #440-1776 Improvements of Greenfield Drive. Gradii.^, paving curbs, gutters completed 1964 $65,000 M I, L, C-&LL P,?<Cit~ 3 ,.M - G.<>*.>.J.. / felM'ci.'^ .?t I''1' >"-->- '. ^'-I'l't-f City of Santee Public Worku Jim Paige (#258-0206 Annual concrete repairs completed 19^4 $ J2.000' Dept of Navy #725-3136 Repair Drainage area 22, Camp Pendleton, excavate for drain channel pipe and backfill (subcontractor to Brinegar & Puller, J-nc.) 19^4 $440,790 State of Cal. Dave Scheidnes (#698-9177) Realign a portion of #94 complete 1984 $158,400 y City of Santee #258-0206 Santee Raised Medians Completed 1985 --- Mr. Hector Ezquerro3 151,009 1985, by and between the City of Carlsbad. California, - 11 - CONTRACT - PUBLIC WORKS This agreement is made this >, by and between the City municipal corporation, (hereinafter called "City"), and Lindo Engineering, a General Contractor whose principal place of business is 9643 Mast Blvd., Santee, CA 9271 (hereinaftercalled "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified intheContract documents for: Construction of Depot Parking Lot Contract No. 3704 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment. As full compensation for Contractor's performance of work under this Contract, City shall make payment to Contractor per Section 9-3.2 of Standard Specifications for Public Works Construction, 1982 Edition. The closure date for each monthly invoice will be the 30th of each month. Page 12 Payment of undisputed contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work 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. Contractor shall also be responsible for expenses incured in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to Page 13 agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the City Engineer. However/ no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. 8* Prevailing Wac[£. 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 worker needed to execute the contract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility 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. The expenses of defense include all costs and expenses, including attorneys fees, for litigation, arbitration or other dispute resolution methods. Nothing in this paragraph shall require Contractor to indemnify City for losses caused by the active negligence of City. 10. Insurance. Contractor shall maintain insurance covering tEe ITability stated in Paragraph 9 in the amount acceptable to the City Council and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this contract regardless of responsibility for negligence. Page 14 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City* be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1 commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Security. Pursuant to the requirements of law (Government Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this contract or any obligation established by this contract. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. Page 15 (Notarial acknowledgement of execution of ALL PRINCIPALS must be attached. ) Contractor By i)\\f€.f?.\ii\ City Attorney CITY OF CARLSBAD, CALIFORNIA City Manager, for cont le and above ATTEST: City Clerk Contractor's Certification of Awareness Responsibility. of Workers ' Compensation "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake seIf-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor State of JALIFORNIA } County of _*AN DIEGO OnthistheJ>IH_dayof NOVEMBER IRISH DOMINIQUE the undersigned Notary Public, personally appeared T. STANFORD GOODMAN D personally known tome proved to me on the basis of satisfactory evidence to be the person($ whose name(8) _ 1_S _ subscribed to the within instrument, and acknowledged that HE _ executed it.OFFICIAL SEAL WITNESS my hand and official seal.NOTARY PUBLIC-CALIFORNIA FRWCIfiAL OFFICE IN SAN OiEQO COUNTY • Jan. 11 Notary's Signature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION -23012 Ventu'a Blvd. • Woodland Hilli. CA 9136. BOND NO. P-58006^ Page 16 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8211 adopted on Oct. 15, 1985, has awarded to __Li.n_do__E_n£ineer_ing_ hereinafter designated as the "Principal", a contract for: Construction of Depot Parking Lot Contract No. 3704 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, UNDO ENGINEERING , as Principal, hereinafter designated as the "Contractor", and PLANET INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWENTY THOUSAND SEVEN HUNDRED TWENTY TWO AND 21/100 Dollars ($20,722.21 ) said sum being one hundred per cent (100%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OP THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not- exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. Page 17 This bond shall insure to the benefit of any and all persons/ companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the *tTH day of NOVEMBER ,19 85 . (Notarize or Corporate Seal for each Signer) UNDO ENGINEERING 96*43 MAST BLVD., SANTEE, CA 92071 Contractor PLANET INSURANCE COMPANY 33^05 8TH AVENUE SOUTH, C-3000, FEDERAL WAY, WA 98003 BY:< Surety MARGARET E. MCCOBB - ATTORNEY IN FACT State of _CALJFORN1A "l County of -1-AN D 19-&5L, before me,day of _NOVEMBER IRISH DOMINIQUE the undersigned Notary Public, personally appeared T. STANFORD GOODMAN D personally known to me proved to me on the basis of satisfactory evidence to be the person($ whose name(&) _ LS _ subscribed to the within instrument, and acknowledged that "E executed it. WITNESS my hand a^nd official seal. a y^-'-v^v OFFICIAL SEAL | J^2*$\ Tra & !.v," ",.-,.v» NOTARY Pl'J3L;C-C» PSiK'iRAL CFfiCE I SAN DIEGO COUNTY My Commission Expires Jan. 11,1989~~ Notary's Signature GENERAL ACKNOWLEDGMENT FORM 7.10052 NATIONAL NOTARY ASSOCIATION -23012 Ventura Blvd. • Woodland Hillj. CA 91364 HEAD OFFICE. MADISON. WISCONSIN POWER OF ATTORNEY KNOW'ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY, a corporation duly organized under the laws of. the State of Witconsin,do«i hereby make, constitute and appoint MARGARET E. McCOBB of SAN DIEGO, CALIFORNIA itf true and lawful Attorney-in-Fact, to make, execute, teal and deliver for and on its behalf, and at its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP-t and to bind the PLANET INSURANCE COMPANY thereby w fully and to the tame extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by »n Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of luch officers, and hereby ratifies and confirms all that its uid Attorney (t)-in-F act may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONOS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vica President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. c 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached :o bonds, recognizances, contracts of indemnity other conditional or obligatory undertakings and they shall also have sower and authority to certify "he financial statement af the Company and to pies of the By-Laws of the Company or any article or lection thereof. This power of attorney is signed and sealed by facsimile under and ay authority of the following Resolution adopted ay the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 2Sth day of March. 1982. at which a quorum was present, and said Resolution has not bean amended or repealed: "Resolved, that the signatures of such directors and officers and :he seal of ;he Company may be affixed :c any such sows: of attorney or any csrtificate relating thereto by facsimile, and any such sowar of attorney or certificate bearing such facsimile signatures or racsimiie seal shall be valid and binding upon the Company and any such power so executed and cartifieabv facsimile signatures and facsimile seal shall be valid and binding upon the Company in the'future with ressec: to any bond or undertaking :o which it is attached." f IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its coroorate seal to ' be hereto affixed, this 19"th davaf October 19 33 PLANET INSURANCE COMPANY Vies President / STATE OF COUNTY OF On this W3.3r.ingt day of Octcoer • -J . personally apoeared to me known to be the Vice-president of the PLANET INSURANCS COMPANY, and acknowledged ;hat Me -xecuied and attested the foregoing instrument md iffixed the leal of laid corporation thereto, and that Article VII. Section 1. 2. and 3 of the 3v-l-Jws of laid Comoanv. ana the Resolution. ) tet forth therein, ire mil in lull force. My Commiuion Expires: July 20 -19 86 -.-Nota<V-^ublic in and for State of Residing at wasnington Milter. '• Janes E. Heath . Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the above and foregoing it i true »nd correct copy of a Pow«r o' Attorney executed by laid PLANET INSURANCE COMPANY, wnich n jtill m full force and tM»ci. IN WITNESS WHEREOF, I h*vt hereunto wt my h»od and affixed *h« t«al of i*'d Company BOND NO. P-580064 PREMIUM: $414.00 THE FINAL PREMIUM IS PREDICATED ON Page 18 THE FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8211 adopted on October 15, 1985, has awarded to Lindo Engineering , hereinafter designated as the "Principal", a contract for: Construction of Depot Parking Lot Contract No. 3704 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, LINDO ENGINEERING , as Principal, hereinafter designated as the "Contractor", and PLANET INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of TWENTY THOUSAND SEVEN HUNDRED TWENTY TWO AND 21/10Q----Dollars ($20.722.21 ), said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her 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/her 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 that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its Page 19 obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the frTH day of NOVEMBER , 19 85 • LINDO ENGINEERING (Notarize or Corporate Seal for Each Signer) 9643 MAST BiyP., SANTEjft CA 92071 Contractor/ £ PLANET INSURANCE COMPANY 33^05 8TH AVENUE SOUTH, C-3000, FEDERAL WAY, W 98003 1-^ * m ^^ ^. *T" ^O * BY: Surety MARGARET E. MCCOBB - ATTORNEY IN FACT State of California OFFICIAL SEAL DOMINIQUE NOTARY PUBLIC-CALIFORNIA Pfi;NCiRAL OFRCE IN SAN DIEGO COUNTY My Commission Expires Jan. 11,1989" ~ the undersigned Notar/ Public, personally appeared MARGARET £; McCOBB S; personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrurnent as ATTORNEY IN FACT or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ZZSS32&5&S3SSS& NATIONAL NOTA3Y ASSCCIATSCN • j:ct J v,mun 3>v«. .Hillj. CA 9136 Stated CALIFORNIA On this the 5TH day of OFFICIAL SEAL TRI8H OO^iNiQUE NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN • SAN DIEGO COUNTY My Commission Expires Jan. 11,1989 the undersigned Notary Public, personally appeared T. STANFORD GOODMAN __ -i i- . . — i D personally known to me & proved to me on the basis of satisfactory evidence to be the person($ whose name(&) _ LS _ subscribed to the within instrument, and acknowledged that HE _ executed it. WITNESS my hand and official seal. Notary's Signature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION • 23012 Venlufa Blvd. • Woodland H.llj. CA 91364' c MEAD OFFICE. MADISON. WISCONSIN POWER OF ATTORNEY KNOW-ALL MEN BY THESE PRESENTS. Th»t the PLANET INSURANCE COMPANY. I corporation duly organized under the laws of. the State of Wiicontin, do«i hereby rrwke. constitute and appoint MARGARET E. McCOBB of SAN DIEGO, CALIFORNIA hi true «rvd lawful Attorney-in-F»ct, to make, «xe<ute, K>»| and deliver for ind on its behalf, and as its »« «nd dee<J ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP-I and to bind the PLANET INSURANCE COMPANY thereby K fully and to the tame extent at if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of such officers. »nd hereby ratifies and confirms all that its Mid Attornty(s)-in-Fact may do in pursuance hereof. This Power of Attorney ii granted under and by authority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONOS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have pow«r and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligator/ in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. \ 2. Attorneys-in-Fact shall have power and authority, subject to the terms and (imitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in Che nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizance, cantracts of indemnity and ather writings obligatory in the nature thereof. o 3. Attorneys-in-Fact shall have power and authority to axacute affidavits required to be attached :o bonds. recognizances, csr.tracts of indemnity other conditional or obligatory undertakings and they shall also have power and authority w certify :ha financial statement of tna C-mpany and ;a pies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adooted by the 3carci of directors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March. 1982. at which a auarum was aresant. ana ;aid absolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Csmoany may be affixed :c any such sower of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile, signatures or racrimiis seal shall be valid and binding upon the Company and any such power 50 executed and certified bv facsimile signatures 3rd racsim.ie seal shall be valid and binding upon the Company in the'future with r»s=«ct to any band or undertaking to which it is attaches." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, ind its ccraorate seal to be hereto affixed, this 19th day of Octacer PLANET INSURANCE COMPANY ' X Lr ,£* •?/*—*—'' '•— Vice President STATE OF COUNTY OF On this WashingtonKing 19th day o'Octcoer ,19 •} . D«rsonaily acoearec! to rr* known to b« the Vice-Prejideni of the PLANET INSURANCE COMPANY, and acxnowietic^J that he executed jnd jttested the foregoing instrurrxni tnd if fixed the leal of «id corporation therrto, and that Article VII. Section \ .1. inrf 3 af the 3 v-Laws of aid Camoanv. ana :ne Resolution, Kt forth trwrtin, »re itill in full force. My Commiuion Expires: July 20 -19 86 in jnd 'or State of wasn.ir.s~cn Residing Jt I. Jazes E. Heath . A»«i»tant Secretary of trie ?UANET INSURANCE COMPANY, do heresy certify that the ibove «nd foregoing ii t true ind correct copy of i Pow«r of Attorney executed 3v »id ?LAN£T INSUHANCH COMPANY. v»mch « still in full force »nd «ffect. 85IN WITNESS WHEREOF, I hive hereunto wt rrv h»nd ind >ffix»d th« i«al of uid Comoanv this 19 Page 20 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the £3^a_n_d_a_r_d_ .^e_cAJL!_c.!Lt!.o_n-s- ——— ?_H—l-i-2 WorksConstruction hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of I sheet(s) designated as City of Carlsbad Drawing No. 2J-{ £> —"1 . The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, asissued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labort equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. B. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. Page 21 D. Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. E. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment, and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the "Notice to Proceed" letter is not met by the Contractor, he will be assessed the daily salary of the City Inspector for each working day beyond the completion date, as damages. Coordination with the respective utility company for removal or relocation of. conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 3O consecutive calendar days from the date of receipt of said "Notice to Proceed". Page 22 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES = All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. Page 23 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer whichc she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical, or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as- built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. Page 24 15. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so. The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work scr ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 17. SAFETY «* PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor to perform all the necessary-surveying for this project. Page 25 19. WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water uti- lized during the construction under this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall include the cost of water and meter rental within appropriate items of the proposal. No separate payment will be made. Page 26 CERTIFICATION OF COMPLIANCE I hereby certify that L, \UJc\<j\j Ci /mggLegal Name of Contractor (r-araein performing under the Purchase Order awaroed by the fttity of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted byf-the Board of Supervisors, including all current amendments. Date (NOTARIZE OR CORPORATE SEAL) Signature/(Srfal") Title o (Notarial acknowledgement of execution by all principals must be attached.) f County of SAN DIEGO ss. OFFICIAL SEAL TRISH DOMINIQUE NOTARY PUBLIC-CALir-ORNIA PRiNQRAL OFFICE IN - SAN DiEGO COUNTY My Commission Expires Jan. 11,1989 On this the 5TH day of NOVEMBER .19_85_, before me, TRISH DOMINIQUE the undersigned Notary Public, personally appeared T. STANFORD GOODMAN Q personally known to me fa proved to me on the basis of satisfactory evidence to be the person(K) whose name(&) LS subscribed to the within instrument, and acknowledged that HE executed it. WITNESS my hand and official seal. Notary's Signature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 91364 HUD RE QUIRE ME NTS NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Page 27 1. The Offerer's or Bidder's attention is called to the "Equal Oppor- tunity Clause" and the "Standard Federal Equal Employment Opportunity Con- struction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade All Trades Goals Until further 24.0 to 30.0 notice Goals for female participation in each trade Goals (percent) From Apr. 1, 1978 until Mar. 31, 1979 3.1 From Apr. 1, 1979 until Mar. 31, 1980 5.1 From Apr. 1, 1980 until Mar. 31, 1981 6.9 C These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Oppor- tunity-Clause, specific affirmative action obligations required by the speci- fications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employ- ment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort STANDARD FEDERAL ECL'AL EMPLOYMENT Page 2 OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11245) 1. As used in these specifications: ~* a. "Covered area" means the geographical area described in the solici- tation frcm which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer indentification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central *"*^ or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcon- tinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identi- fication). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority Page 29 • obligations under these specifications, Executive Order 11246, or the regula- tions promulgated pursuant thereto. CT 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment oppor- tunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, in- timidation, and coercion at all sites, and in all facilities at which the Con- tractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on- site supervisory-personnel are aware of and carry out the Contractor's obli- gation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruit- ment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organiza- Page 30 accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initi- ation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female stu- dents and to minority and female recruitnent and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifiactions to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. Page 31 that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflect- ed in the Contractor's minority and female workforce participation, makes a good faith effort to meet its indivdual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Con- tractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a seperate single goal for women have been established. The Contractor, however, is required to provide equal employ- ment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion,sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including sus- pension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its Page 32 those under the Public Works Employment Act of 1977 and the Comnunity Devel- opment Block Grant Program). r.-e<- t.^-1^: L.. •_ ' ; - ..-'•....-;- - - -i J1S- -'- •-<-•-:•*.•>. J. u.1 --.:.-_; . .ri-,- • • il' XSUiUixv'J ilj. ^O.^_L_L.;>J - »- -i' Page 33 U. -S. DEPARTMENT OF HOUSING A3D UP3A2I DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING . EQUAL EMPLOYMENT OPPORTUNITY Eame of Prime Contractor • P^oJsc^ No. INSTH/CTICN3 This certification is required pursuant to Zbcec-rtive Order 1121+6 (30 F.R. 12319-25). The implementing rules and regulatiaas provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the "bid or negotiations of the contract vhether .it has participated in any-previous contract er subcontract subject to the equal opportunity clause; and, if BO, vhether it has filed ^i compliance reports due under applicable instructions. ,J Vhere the certification indicates that the subcontractor has not -filed a com- pliance report due under applicable instructions/ such subcontractor shall be required to submit a compliance report before the ovner approves the subcontract er permits vork to begin under the subcontract. , C •• - '\ Subcontractor's Name: SUBCONTRACTOR'S CE3EE1CATION -Address: 1. Bidder has participated in a previous contract er subcontract subject to the Equal Opportunity Clause. YES Q . . SOPH 2. Compliance reports vere required to be filed in connection vith such contract or subcontract. . YESQ " 50 CH 3. Bidder has filed nil compliance reports due -under applicable instructions, including SF-109." -TJESCH 5CQ " KO!(E REQUIREDCZl . If a^aver -to itesn 3 is "Ho /' -please explain in detail on reverse side of this certification. Certification - The information above is true and- c«-piete to the best of my knoyledge and belief. Hame and Title of Signer (Please Type) Signature Date • fl OP o 9 28-812 Page 34U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS certification is required pursuant to Zxesutive Order 112U6 (30?. R. 12319-25). The irrplesenting rules and regulations provide that any "bidder or prospective contractor, ©r any of their proposed subcontractors, ehall state as an initial part of the "bid or negotiations of the contract vhether it has participated in any previous contract or subcontract subject to the eo.ua! opportunity clause; and, if so, vhether it has filed all compliance reports due under applicable instructions. Vhere the certification indicates that the bidder has not filed a corpliance report due under applicable instructions, such bidder shall be required to subnit a compliance report vithin seven calendar days after bid opening. Ifo contract shall be awarded unless such report is suKiitted. CERTIFICATION BY BIDDER Bidder's Kane: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES CHI HOP "f (if ansver is yes, identify the sost recent contract) 2. Compliance reports vere required to be filed in connection vith such contract or subcontract. YES I I HOdH (if answer is yes, identify the cost recent contract), 3. Bidder has fildd all conpliance reports due under applicable instructions, including SF-100._ YES £H K0( I Kone Required! I fc. If ansver to itea 3 is "Not" please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of ny (/" knowledge and belief, » Kane and Title of Signer (Please Type) Signature • Date O-70) Previous Edition Is Obsolete U. S. DEPARTMENT OF LABOR MONTHLY EMPLOYMENT Employment Standards Administration. OFCCP UTILIZATION REPORT Thii report is required by Executive Order 1 1246, Sec. 203. Failure to report can result in contracts being cencelled. terminated or suspended in whole or In part and the contractor may be declered Ineligible for U.S. Department of Labor Employment Standards Administration Office of Federal Contract Compliance Programs j 880 Front St. Rm. 2-S-19, San Diego, CA 92183 ! 5- CONSTRUCTION \ TRADE 1. COVERED AREA (S.M4A OH tAI 2, EMPLOYERS It). NO. MINORITY: , FROM; FEMALE: TO: NAME AND LOCATION OF CONTRACTOR 6. WORK HOURS OF EMPLOYMENT (Federal & Non-Federal) Classifications Journwy worker APPRENTICE TRAINEE SUB-TOTAL Journey worker APPRENTICE TRAINEE SUB-TOTAL Journoy worker APPRENTICE TRAINEE SUB-TOTAL Journoy worker APPRENTICE TRAINEE SUB-TOTAL Journoy worker APPRENTICE TRAINEE SUB-TOTAL TOTAL JOURNEY WORKERS TOTAL APPRENTICES TOTAL TRAINEES ^G RAND TOTAL TOTAL ALL EMPLOYEES BY TRADE M" r > •»^!T»f»l- •-.••••-, -rr-v-r. , • ' » -,._. ....,^7. -,.1 •»•«»- 6b. BLACK (Not ol Hispanic Origin) M F *.*-, . . -*r~~ .^..*-~i ..^.^, y-.-"- ,,.r...... '" 6c. HISPANIC M | F i i '•~T:'" '" - -^••v;-1"-.— - ..r:.L,,,. t 6d. ASIAN OR PACIFIC ISLANDERS M F - . - - •sTv^'fy? . . . i ,"';T'~* ""* | ' 6a. AMERICAN INDIANORALASKAN . NATIVE . M F .,,_r,«. : [ - ;^'V.v; .?;.'•; TTr- ,,,..^r- ~^-< - ' • • , 7. MINORITY PERCENTAGE ";'rrV''V;' ,TFrr^..frr.., ^§.^f '.:''•' . A^ED' "$•••*?•-" 8. FEMALE PERCENTAGE -^,,. „..,,,, ...... rirorr^. T— r^^ '• ' . i* •"* "•. • 9. TOTALNUMBER OFEMPLOYEES "M 1 F . -1 •" 1 j .. ji i ... ~.jv,-.,.. i I I I FEDERAL FUNDING AGENCY J 10. * TOTAL NUMBER OF MINORITY EMPLOYEES M F ... — • . ' .]„ 1 i . .._. . _....'. . ..... 1 i t Ml. COMPANY OFFICIAL'S SIGNATURE AND TITLE 12. TELEPHONE NUMBER (Include •roocod.) 13. DATE SIGNED PAGE \ ^ 0 (. 71—°' 1 OMB APPROVAL NO. 44-R1396 CABM (*<*.9er* lo_ mnm\ Page INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (CC-257) 35 The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the contract, and they shall include the total work-hours for each employee classification in each trade in the covered area for the monthly reporting.period. The prime contractor shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's aggregate work force to the Federal compliance agency that has Executive -"*' Order 11246 responsibility. (Additional copies of this form may be obtained from the U.S. Department of Labor. Employment Standards Administration, OFCCP's regional office for your area.) Compliance Agency U.S. Government agency assigned responsibility for equal employ ment opportunity. (Secure this information from the contracting officer.) Federal Funding Agency .'. US. Government agency funding project (in whole or in part). If more than one agency, list all. Contractor / -Any contractor who has a construction contract with the US. Gow- - ernment or a contract funded in whole or in part with Fadefal funds. Minority Includes Blacks. Hispanics. American Indians. Alaskan Nathw*. and Asian and Pacific Islanders—both men and women. 1. Covered Area Geographic area identified in Notice required under 41 CFR 60-4.2. 2. Employer's Identification Number Federal Social Security Number used on Employer's Quarterly Fed- eral Tax Return (U.S. Treasury Department Form 941). 3. Current Goals (Minority & Female) .See contract Notification. 4. Reporting Period 1 Monthly, or as directed by the compliance agency, beginning with the effective date of the contract. 5. Construction Trade Only those construction crafts which contractor employs in the covered area. 6. Work-Hours of Employment U-t) .a. The total number of male hours and the total number of femate hours worked by employees in each classification. b.-e. The total number of male hours and the total number of female hours worked by each specified group of minority employe** in each classification. Classification .The level of accomplishment or status of the worker in the trad* (Journey Worker, Apprentice, Trainee) 7. Minority Percentage .The percentage of total minority work-hour* of all work-hours (the sum of columns 6b, 6c. 6d. and 6« divided by column 6a; just on* figure for each construction trade). 8. Female Percentage .For each trade the number reported in 6a. F divided by the sum of the number* reported In 6*. M and F. 9. Total Number of Employees .Total number of male end total number of female employee* work* ing in each classification of each trade in the contractor's aggregate work force during reporting period. 10. Total Number of Minority Employees .Total number of male minority employees and total number of female minority employees working in each classification in each trade in the contractor's aggregate work fore* during reporting period. o SUPUV5BOCAS DECISIOri STATRi California COUNTY i San DiegoDECISION NUMMCRi CAI3-51H DATEl Date of Publication Supersedes Decision NO.' CA82-S121 «Uted September 3, 1902, In 47 in 3907 DESCRIPTION Of WOHKi Dulldlna Projects (Including Residential Projectsconslallng of single fially hones and apartments un to and Including 4 stories) i Heavy Projects (eicludlng Mates Water OrllllngJi Highway Projtctt f""1 DrTd9ln7 A50CSTOS WQRKCUDO!!.r.p.MAKr.K3 DRtCKLAYCUi STOIIEXASOKSDRICK, DLOCX andSTONEMASONS' iCMonns CAIUTKTri'Sl Carpenter • Plledrlver Klllvrlghtsr PneuaatlcNatleri HirdvooJ rloor-layersCrur.NT KATOK5I Ceir.ent HaaonaColor Horkr Composition,Kistlc or Epoxyi rlnUhlnj Mtchlnti Curb MachineDIVERS 1 DiverStand-by Divers Tend»r •OHrt.'ALt, IHSTALLDU/ •LATHERS DK/KM.I. rtNtSUEASr.trcTp.iciAiisi •Electricians Calila Splicer* Utility Technician Sound Installerg rurvATOH coNSTnucrowiiMechanics Helpers Probationary ll«lp»e»SWJltl'-S l>0c ftrtn :2"TTJ5~21.39 19.09 1J.42 11.55 11.11 19. H 14. (( 14. 1C 42.17 21. OC20.06 19.9015.31 22.1} 22. CO 1C. SO K.47 22.24 1J.57 11.1217.17 ffli-Hl.^lib 5JToi~" 3. 1C 3.59 4.54 3.89 3.81 3.89 6.87 (.87 3.89 3.89 3.8> 3.23 3.48 3.184- 313.70t 310.47* 3»1.16*n 2.69» a 2.69» a 3.15 iRONMOiutp.nstPence ErectorsAelnforclngj QrnajMntaliCtrurtural IRKICM'IOII and LAWN SI'HUIKU IU LUIE CONiTUUCTIOHl Croundaan Lineman Cable Splicer* PAIHTERs'iOrunh, paint Burner Brush (suing stage) , Spray Papcrhangerj, Spray (swing 01390) Sandblaster (awinggtage) i Iron, streland bridge painters (swing ot. •>()(.') i Iron, steel and bridgepainter, ,Cpray (swingstago)SanOblastcr; Iron, atotland brlO'jO painter (groundwork) i Iron,steel and bridgepainter™, Eprov (qround-work); RI<;o«TO, cil'ohln'sleeli Orui.h, cllr.bliuj steel and bridge; Spray climbing steel andbridgeSterpitjuckT«i »r a.tk Pitu 5H.41 ' 17.30 35.00 16.83 21.06 22.16 18.37 10.67 18.87 17.37 19.12 20.02 17.37 IDECISION HO. CX83-5U9 (Cont'd)P.irXlni Lot Work and/or Ill9hw.iy Marked!Traffic Dcllntjllnij Device Appllcitor Whorl Stoplnotallery Stclperi and Snnd- blaster Blorry Seal OperatloniTrafdc Surface Pro- tective Coatln.9Applicator Ml»rr Op^ra'0'C'l'jceijcc >l.inj Appll-1 cAtor Opcrotori anj Top Han Tninrns StcJ"if 1 tterci Air Con-dition, Refrigeration ' SlltltT MKTAL VT3IIKERS SOIT I'LOOIl LAYEHS SPTJNKLER riTTLRS TILn, liARHLE, and TfRllAIZO SCTTERS TILE, MAiUlLE, and TtlUUIJO nillSUERS Croup 1 Croup 1 . T'JMI.'EL Ctoup 1 Ctojp 2Croup J *.u« M*.<ffa<iH HJ.41 12.92 13.41 12.92 11.45 9.62 17.611C. 34 21.3814.54 20.15 18.45 21.07 18.50 14.14 13.15 14.15 14.35 14.1514.60 ».i«t»t**«l-U ;i.60+b l.«0«b l.«C«b 1.60«l> 1.60«b 1.60»b 4.275.29 7.495.16 4.36 3. 54 3.23 2.95 3.30 S.57. 5.57 5.57 5.575.57 POWCR COU1PHEST OPtriATOIUl Croup 1 Croup 2 Croup } Group 4 Croup 5 Croup C Croup 7Croup 8 Croup 9 i (Hydraulic (iuct ion Dt rJge) i Lcvr nr.^n Watch Cnglnreri Welder and Cccitffjtr WlnchTjn (Stern Hlnch or Drc-i-;e) Bar^cmjn; Deckhand/ rlrcnjn; Olleri Levc'ihand CLA.'^UCLt PPXOOnSt Levcrran Watch Englneeri and 1 e ni D»c'«handi riremani Oiler TH'JCK DHIVEJlSiCroup 1 Croup ] Croup ) Ctoup 4 Croup 5 Croup t • *>« M..", 1 lit.16. lt>.H. 17. 17. 17.17. 17. ID. 17. 16. H. 13. 17. 17. 15. 14. 15. 15. IV. 15. 17. 25 5J C2 ?0 18 79 41 53 71 10 52 97 43 10 52 01 4) 01 19 )9 ',1 11 75 rn-H If.- U $7. 7. 7. 7. 7 . 7. 7. 7. 7. C. 6. 6. 6. 6. tj C . 6. 5. 5. 5. !> . 5. S. 24 21:t 21; iji 21 24 24 11 11 41 41 (1 11 11 41 1) 47 4 J I'l i i 49 0) ifl (D UJ CTl OECISIOrl NO. CAJJ-SUJ wvtorns - fiecrlv* r*t« p'rercrlbed (or craft performingoperation to which rifling or wtlJing ii Incidental. rr eentrlbutei t\ et baile hourly rate for S years' (ervlce and tt o( b«3lc hourly rale tor ( months to S yeiri' •tivlcn ai Vacation Pay Credit. ( raid Holidays A through r. tuployer contribute! 5.34 fit hour to Holiday runtt plus $.24 per hour to Vacation fond (er the flrtt year of employment,1 yrar but le:< than S yearf }.4S per hour to Vacation, S yrara but lees than JO ycarc J.CU per hour to Vacation Fund, over 10 year* $.10 per hour to Vacation Fund. fAin_»1l.lJ)AYSi JFtfcrf Vi'jr"'n~Djyi n-Memorlal Dayi C-Independenc» Day; D- Labor Djyi l!>rhankii<jlvlng Da/i f-C!ir lalnai Day. tAOORERS Croup li Laborer (general construction)i Acphalt Ironer - Cpreadcn Dor ing Kdchlne TenJcri Oulkeri Coscpool Digger anJ Ineralltri Chuckttndi-r (except tunr.i-li)i Concrete Curer(In.-x-rvlGui Me-tlirane and Form OllrrJi Concrete Water curing, Cuvtl.-i.) Torch Operator (demolition) j Drlller'i Tender (Cais- son) Including Uvllowtri, Drl Pax-It Hichlnc, Concrete CuttingTorch, Dry (.acklng of concrete, plu-iglng, filling of Shi-e DoltHolca, Fine Grader on hlghwnyt, tlruett and airport paving (eowerand drainage llr.ei when employed)) rorn Clover; Cat and Oil Pipeline Lahorvr; Guinea Chiueri Jet Hani Landscape Gardener • nd Hvirvery Mini La sir Vea« In connection with L^norcrii workiPicking hod Steel and rani) Plpelayvr'a Dickup Man1(coatino, grOMtlnj, ocklng of Jolnti, arjlln;, caulking, illapvrln'j nn'lIncluding fulibcr Caiiket .lolntt an.) glinting)) Ii.illroj,! wi.rk Labor en Rigging and slgnnllng, Hl;rap Stonepiveri Sundblacter (fot Ttxdcrli Sealer. Septic Tank bigger and Inatallcri TankCralic and Cleangr, Tool Shed Chcckeri Window Cleaned Rebound Kan (gvnlti industry)! Uou*e»ovcr DECISION NO. CAOJ-S11J rage 4 LAUGHERS (Cont'd) Croup 2i Aflphalt RjV.tr j Duiqy.iujti! Iv M.mr Cement Oiinper (nn 1yard or larger nljcers ami h«inJlinn; bjl* cv*'.-nt) i Concrete Ea- Man (excluding tractor type, noto-icraper, Chipping llairner, Con-cret« Cote Cutter »nd Concrete Grinder and Sand»r)i Critter - Shorur, Lagging and Trench Draclng, liiind-gu id«-d La-j7in-j lijr.p<>ri Driller - All power Prillu, including Jacklu.'roor, whether Cote,Diamond, Way on, Track, Multiple Unit, and ill types of Mechuni'.-al Drills without regard to the iorm of rrotlve poweri Driller (allother where drilling lo for use of explosives); Gas and Oil Pipe- line Wrapper (Pot Tender and Pom nan) i Gas and Oil PipelineWrapper (6 Inch pipe and over)) Operator and Ten-let • o( pneu-matic, gas and electric toolaj Concrete I-u v'-M Vibr .11 l.-.-i r..\- chlnes; Multi-plate Inpjct Wrench ^nil sltrtlJr irectunicJ 1 toc.'l'inot ccparately cl jtin I (icd herein; I'i pi-Jay or {pcitoi.rin; nil irr- vlceu In llic ljyln<; am) lm.l .11 IU Irn o( pl(>'.> (rc;i Hi? |<-liit ol teculvlny 1'lptf until completion ol the O|".-(.it Ion, Inclu > \r't inyand all (oin.c ol tubuUr rc«to r io I, whether Pipe, Kitalllc or Non-mctal 1 ict Cor.dult arid eny other sutlcnary type o( tub-'].irdevice uccd for the conveylnn of 3u't>2tancc or clc-Tcnt, whetherwater, ccvagc, solid, ijjs, alt or other products vhjt-so-fvcr and without regard to the nature of r.iuttrial fro* which the tubular ntiterlal Is fabricated) Puvdcr.tnnj Dlasttti' Tenders; Prefabricated Manhole Inotallvn KocV: Sllnierj SandLiljiter andl\Uccbla;tcr (Nozilemon); Sealer (ualn^; Do:'n Chulr, SJti-ly Orltlilitecl liesJLrbo.ird Han; Tree Clliihir, u:lnj m'-chanlcal u-oliiWolJInj In connection with Liiborcr 'a worki Gun Kaa (juiiUc In Croup ll Plaaterai Drlllcrni rowiK-rmeni Cherry ricV.ermini Grout Cunmenf Kerrper and other pm-un.iilc Cuncrvto 1'Uu er f'|a-r^torrilntiro in uhort dry Lunnulii UI>I|'M nlr«>rtt), liljS)..-iy» ,m,i riinll.ir ploCcJi Mlnfm - tunnel (hand or m.\chinr)i fuw.tcr:nan (tunn.jlwork)) Steel forn Halueri and Cettvrci Tlmbermeni Ic.-t lubcn«en -wood or tteel Croup 3] Dull Gang Muckers (Trackmjn)j Chucktrnderj Cabletpnd»r; Concrete Crew (Includeo RoJclers and 5prcaJera) ; Dunrirt»n; C/ouc Crewi Tender (or Steel Torn RaUers and Srtterai Mucki-ri - T. n-ncl (hand or machine) | Nipper/ Swamper (OreJk.nan and Swltchnjn) on tunnel worki VibrJtcr^cni JncUi.imner; Pneumatic toolo (except Driller) j Hutli-platg lirpact Wrench Croup ]i Powdormon - Prl«i»r llouoe iLlciinurd on tunnel work)/Shaft and ll.ilr.u Mlnci i Uhl(t<jru| Ul.u.ltr^i (1 Ic-emird) all votk o( whatevertypc ro<jar01cuu of muthud u^<:J tor such loading jnl placing fD OJ DCCISIOH MO. CAO-S11) POWER EQUIPMENT OPERATORS Croup li (Iraki-man; Coirprcuor Operator! Enqlnenr Oiler; Generator) Pump; Signalman) Switchman) Dltchwltch) Ele- vator Operator (tnilde)i Forklift (under S tons); Croup Ji Concrete Mlier (oklp type)! Conveyor; Fireman; Hydro- etatlc Pumpi Plant Operator; Generator, Pump or Compressor; Rotary Prill Tender (ollfleld)i Sklploadcr - wheel type up to )/4 yd. without attachments) Solli Field Technician) Tar Pot Fireman; Temporary Heating Plant! Trenching Machine Oiler; Concrete Pump Oiler (truck mounted) Croup li ford Ferguson (with draqtypr attachments); Heli- copter Radioman (ground); Power Concrete Curing Machine) Power Orlvun Jumho Form Setter) Stationary Pipe Wrapping and Cleaning Machine; Cradall OlK-r; Surge Tank And Weight M.i«ter (Hot Plant)) Trencher Oiler I (oundatlono)) Truck Crane Oiler Croup 41 Asphalt Plant Fireman; Boring Machine) Chip Spreading Machine; Concrete Pump Operator; Dinkey Loco- motive or Motoriran (10 ton); Helicopter lloiati Illghllne Cabl«way signalman; Power Sweeperi Trenching Machine (up to ( ft.)I Concrttt Pump Operator, truck counted) Helicopter • Radioman Croup Si A-frame winch Truck Operator! Asphalt Plant or Concrete Datch Plant Operator (where commercial power Is not vied, no less th.in one Generator Operator In required); Asphalt Spreading Machine Operator (Spreader Oar. and almllar); Hit Sharpener; Do»»sn or Miierman (asphalt or concrete)) Con- crete Joint Machine Operator (canal and similar type)) Con- crete Planer Operator) Dvrrlckman (oilfield type)) Drilling Machine Operator (including water wells); Equipment Greaser (Mobil* and Creaie Rjct)i Forklift Operator (over ( ton capa- city)! Hydro-hammer - Aero Stopper i Hydro-graphic Seeder .Ma- chlnt Operator (straw, pulp, or sued); Machine Tool Operator; ^••jlnnli Internal Full Slab Vlbretor) Mechanical ftnl^hor Ope- rator (Concrrte-Clary-Johnson-OI'J'oll or (Imllar)l P.wefionl ar>4ker Operator (truck mounted, oiler requlrod)) Road Oil Mlilng Machine Operator; Roller curator; llonu Carrier 0|>e- i ator (jptislte); 5*1 f -propel led Tjt Pipelining M.iclilnu ivv- relor) Sklplnadir Operator (wheel 'it track typo over J/4 yJ. up to anj Including 1<| yd:l.|; Sk li'lo.ljir - Ford Ferguson up to 3/1 /'I. with drag et tachmimtii 'Jllp For* Pump Opuratur liwiwer drlvnn hydraulic lifting ilo/lce fur cuncrmg (orn>i)|; Scrtrd lli'er.itnr; Stinger Crane (A Ji. t In-Wjj torn or iliuilar type)) T>«vellng Pipe Wrapping, Cleaning an) Oendlnq Ma- Chine Operator; Truck type Loader/ Tuggoc Uolot (1 drwn) CECI310H HO. CABJ-5119 Page ( POWER £OUIPK£HT OPERATORS (Cont'dl Oroup (i Asphalt or Concrete Plant Engineer) Asphalt or Concrete Spreading Operator (tiunplnq or finishing)) Asphalt Paving Machine Operator (Barber Green or glrailar typ«)/ Automatic Curb Hachin-j Delt Splicer or Vulcanlicr) DHL Lima Ro.id Pactoti Wagner Pnctor or ilnllar Operator) BclJ^c Crane Operator) Ortdge type UnlotOrr and Turntable Operator) CA3t-ln-ploce LA/lng Machine; Contlnation Ml«er and Coinpreaaor Operator (Cunlte work)/ Concret^ Mlxrrj Con- crete Mixer Operator - paving (Olltr rtqulred)) Crane Operator (up to and Including 35 ton capacity)(Oiler required)(Long Doom Pay applicable)) Ciuohln? Plant Operator (Oiler rrqulrrj) (where ro.n- norclal power Ic not ui<e<l, no le:;ii than o"f Generator O|i--iaf>i 13 required)) Ueck Fn»jlnr Oi><:rator) Drill Doctor) Klevatlttq Cr^-Jr Ope- rator) Cradall Operator (Oiler required)) Crjde Clircheri Croutlnj Machine Operator; Cjard Hall Pont Driver Opcr.ucu) iiravy Ujty K-- palrfflan; llolot Operator (single drura •* Uuck Holat - Chicago Ucom and olailar type)) Uolot Operator (2 or } drum)) Kolman Urlt t.oadrr and oimilar type (when two or icore are working together an aJ'Jl- tlonal employee ohall be re<iuirfd)i LcTourne-nj Blob Corrpictor or • Iffllar type) 1,1ft Koblle Operator (Oiler requlrKl)) Lilt Slab Machine Operator (Vjgtborg nnd similar types); Material Hoist Operator (1 drum)) Mucking Machine Operator (1/4 yd.) (Oiler required)(rubber-tired, rail or track typo)) Pile Driver Ope- rator (Oiler required)) Pneumatic Concrete Placing Kjchin? Operator (Unckley-Prcsawell or elifllar type)) prieutMtIc Headlnq Shield (tunnel) | Puiri^cretv Gun Operator) I'olar Gantry Ctanc Ope- rator) Rotary Prill Operator, (e«cluJin7 CaMcon typeilOllrr re- quired); nut)ber-t Irod E.irth Moving Cqulpm-inl O^xirator (alnqlr engine - Caterpillar, Euclid, Athey Ha^jon - Water Fulli anj »l- »llar typec with any anj all attJTlmenti up to 50 cu. y-Jn. struck)) »ul)titr-t ired Stfraprr Operator |trlf-loadln<; |n>Ml< wheel lyi « - John Occre 104 and clicllar uln'jl* unit)) Sklploader Cperatot (wheel or track type, over IS yds. up to and IncluJlnT {^ ydr.)) Stinger Crane (Auctln-Western-PettIbonc dr similar type) (ovrr 5 tons)) Surface Ueaters and Planer Operator) Tractor Co.'ipre«ror Orlll Co*cbln.it ion Operator) Tractor Cprrator (Dull Donr, Tamper, Scraper, and Push Tractor, single rnjineM Trenching Machine O^r- rator (over 6 ft. depth capacity - ir.inutac t urcro rating) (OlJrr ri''|ulred)i Tunnul Lt'coni'^l 1 vr operator (10 to 30 inn^ij Unlv«iril r'|Ul|>«vn[ O|<i-rJlur l^ltuvrl, Hacklii'e, I'l n<;l Ine, CI .\m ,\«: I I , li|> lo and Including I cu. yd. M.K.C.] (Ollor required) (Ian.) IKKIO r.\y applicable)) Welder (general) QJ03fD CO CO DECISION NO. CMJ-SIlt Page 1 POWER COUIPMCNT OPERATORS (Cont'd) Croup 7i. Automatic Llnitau T«nilon Machine (3 Operator required); Ci«nt Operator (ov«r 24 long, up to and Incluilln? 100 ton H.n.C.)(Long nor1* Pay appl Ic.ibl*) (Oiler required)i Derrick Djrqc Ope- rator (Oiler required, up to 100 tonal (over 100 ton a, I'lreman or Oiler required) i Dual arum Hlicr (Oiler required); llolr.t Operator (] or 3 drum with boon otl.icriu.rnt) | Hoist Operator |Sti(f Leg, Guy Derrick or similar type up to 100 ton opacity) (Oiler required, Long Boom (jay applicable); Loader Operator (Alhey, Euclid, Sierra or similar type); Monorail Locomotive Operator (dlescl, 93:1, or electric); Motor Patrol - DlacJo Operator; Multiple Engine Tractor Operator (Euclid and similar typo, enccpt Quad 9 Cat); Prc-stressedWrapping Machine Operator (1 Opeiators required); Rubber-tired Earth Moving Cqulpncnt Operator (nultiple engine, Euclid, Caterpillar and similar type up to SO cu. yds. struck); Tractor Loader Operator (Clavier and wheel type over SS yJs.)( Tractor Operator (boon attachments) (over 40 It. boo*, Oiler required); Tower Crane Ope- rator (two Operators required); Tjwcr Crane Repairman; Universal Equipment Operator (Shovel, Dackliov, Dragline, Clairshcll, over 1 cu. yd. M.R.C.); Welder > certified; Welder-Heavy Duty RepairmanCombination; Woods Miicr Operator and other similar Pugnlll Equip- ment Croun (i Auto CraJer Operator (one Grade Checker and one additional erpfoyce required); Automatic Sll;> Form Operator (Crnde Checker and ont additional employee required); Crone Operator (over 100 tens, two Operator* required. Lonq Doom Pay'applicable)| KJ33 |>cAvator Operator (two or wore Operator* and Ollfr required, less tli-m 7'^fl cu, yde.li Kechanlcal Finishing ft.ichlne Operator; Mobllt TomTraveler Operator; Motor F.nrol Operator (multl-enqlne); ripe Mobile Machine Operator (two Operjtoro required); )(ubUer-tIrtdtarth hoving Equipment Operator (nulti-cnqlnn, CucllO, Cetcrplllar, and stnllar type over 59 cu. yd«. struck); Ruliber-tlrcd Scr.ipcr Cpe- rator (pusMn9 one another without Push Cat, Pu'jh Pull - $.50 p?r hour additional to b.ir.« rate); RuLl-cr-tlred Kelt 'txJidlncj ScraperOperator Ipaddl* vhe»l - AuQrr tviv Self Loading, 2 or norc unit:); I'oljr Crane Operatori Tande* Equip icnt Operator (2 units only)] TVn- dt* Tractor Operator (Quad I or sl.ullfr fype); Tunnol Hole O-jrlrrj Machlnt optrator Croup Ji Canal tlner or Trlnner Orerators (not less than (our (I) employees required - Olltr, Weldei - Mechanic and Grade Checker); Helicopter Pilot; Hlghllne Caolewty Operator; Remote Controlled Earth Moving equipment Operator (no one Operator shall operate nore than twj pleevs of earth isovlng e'|j|p«icnt at on< time) (51.00 i'cr, hour additional to hioe rate); Wheel txcavjior Operator (ovt-r liU cu. yds. per hour, two Operator* ml ont Oiler and two Heavy DJty A«pair*<n rtquired) nnCISIOrt MO. CA03-5119 t*q, I TRUCK DRr/rns Oroup li Traffic Control, also Swampers and pickup: Croup 2; 2 axle Dumps; J aile Flatbed; O'jnkrrman; Concrete Puiiplng; Industrial Lift; Warehouseman; Forklift, under 15,000 Its. Croup 3; 3 axle Duirp; 3 axle Flatbed) 2 »»le Water Truckt'j froilon Control Noiileman; Oumpcrele, lc',3 than CS yds.; Fork) lit li.OCO Ibs. and over; Prell; Pipeline worX.ln? Truck Driver; fnad Oil Spreader; Cement Distributor or slurry Driver; Ooot/»an; Hnr,<Carrier Croup 4i Off-road Dunp, under 35 tons; 4 aile bot leic than 1 J«l-; Lowbed and Trailer; Transit Mix, under U yds.) 3 o«!e W.iter Tru.-'^i Erosion Control; Grout Mixer; Duf'pcrete 6S yds. and over; Pjrpstr.-sr BX 10's, 20's and over; fuel Truck and D/nanite; Winch, 2 axle;Truck Greaser Croup Ji Off-road Dump, 35 tons and over; 7 axle or irorei Transit Ml«, 8 ydu. and over; A-fra/n? or Swedlali Cranes; Tlrenun; Witer Pull Tankers; Welder; Winch Truck, 3 axle or more Croup Ci Truck Repairman Unlisted clarifications needed for work not Included within the scope of the cl»£9if.lCAtlon!i liscid n.-.y be added'after »-.ird crly as provided in the labor ctanJaids contract claucea (29 crn, 5.' (a) fD OJ u Page 40 ncdlfication '.'o. 1 FR 11-25-83 53245 Codification up. 3 hK 3-16-342TZ~1 IJ-_-f «-~ (14.10 14. 4i 13. <« 13. :s 14.17 7.«7 14. <( 14.57 11. « >•>—*"*"* 12. 42 2.31 2.:t .30 l.»5 .19 3.' 23 2.31 CTCTSIC-* NO. C«53-!'.'.' - KJU. ll l,i l'» 4175J - 3apttmb«r 1$. 1913) Saa Di*9O, Cali'amia C^anoot DivertSta.-i.J-by Olv»r»TenderaDry^all Inacallar*/ C..;s»nica Helper* Probationary :»lp-«ra ;-«'. t: £l«ctriclan»i Utility Tec3nJ.cU--v» XJdl~iT«etricl»i>*»Ctllity Techrvlciaa(cover* »tr»«t li?st». t-raltic aiqnals. and ..ubll*.-.^ ...—«.} ***.««y S42.12 21. 0(:c.cs 19.14 22.74 1S.5J 11.37 li.50 li.53 tff^mi— ..» S3. 39 3.89 3.89 3.97 3.C3- a 3.53» a .47*' j 1 i I.47*, "1 21.33 '57.42 17.35 ' «.<0 Modification No. 4 FR 8-24-84 33777 Modification iio. 2 FR 4-13-84 14835 u d PH 41 Ti^-^ep'.er-J^r 1933) San Diego, California CNance i /T»3tito» wor»«r» Electriciarts: Citctricianfc Cabla Spllctri Utility Technician 5oun3 InatJllvrs Lator-rriCroup I 'Croup 2 Croup 1 Group 2 Croup 1 Lin* Construction* Groundnan Cable Splicer* Dr«4aln<* (HydraulicSaction Ore<<ie> andCleninell DredqeaiChanqe Frire* Benefit*to read S7.0«. , ».B.». to remain the•ame." .Sheet Setal Worker*jOILtTIt••jflcinq lot vork and/orhvay Hacker*!.Traffic D-lir.«ael.i7 ;' Device Apollcator*-T"!«l Stop Tn»tall*riStrlpen Sa.-\o»l>»;erSlurry Seal Oparationi Traffic Surface) tro- tectiveCoatinq Applicator!li»er OperatorSaaeeeee *ani Appiicater Operacor: Shuttle- »an"ep Han H*'"* H.~7 S21.54 23.15 23. SO 16.50 IS. 47 13.85 14.15 14.35 14.15 1».60 17.41 22.61 22. »1 20.23 11.41 12.92 11.41 12.12 11.45 ».€2 '— ~••"•"^ :4.92 3.79* 3\ 0.47» 31 5.72 5.72 5.72 5.72 5.72 3.65* 41 3. 45* 41 3.S5* 4% 4.71 l.SOHi 'l.SO-t! i.sa-s l.M-aj ,;J " I'llPjrkl 3 lat vorV and/or Tr f^vc IK-lin;atin«7 T vie? Applicator V>. -i Stop I.istsllen S rip*r: San-iiastw Slur y Seal Operation:Ml er OperatorSq c.^er ran:A plicator Oc<ratcr: To? Kan • N""* ".77 S14.4? 13.55 13.95 12.37 10.35 f«.^ f «*!.!• 51.53-1 l.sa.t I.SO-. i'so*' :~:s:r: N". c'^-^Mi'-'-ro »4 -sn Dieco Cccnty, Cdlifcrr^j FiinicrriT'C: CrrjnBrtal; ?^^?--Ji— .^ - Crril ~"r" Crexz> 3 C.-C-J? 4 Cr^jp 6 Gr^_-p> 7 CrTr.t> 5 Cr^c? 9 r-_?:^; i c:.4v.-rfl:":-cio'es to rr-i S7.I5 :-it-ioil*r-\:V.*rs ~i"iiler^j'--*rs: | »F,«_ T::: 17.15 13. C5 17. 2i 17.51 17.52 t~M. J.-TJ 3.7S 7.15 7.25 7.25 7.25 7.25 1J.<1 i7.2S 13.53 -7.7.5 13.71 J7.t5 :i.3» 21.60 - 'j ' 2.95 <.:5 (s:orj_c tip!-; erection)' 27125; 4. CO tstc-r^c- isn't repair) Scrapper i Cl«j.-.i:p ran 35. C5 9.57 1.17 Hodiflcation Mo. 5 FR 9-14-84 36227 41732 - s» 16. 1533) Sin Oic;o County, CA Electricians Cable Splicers Utility Technician Sour.i Installer* 20.45 1.33* j «l«.5d .74*i J»1S.41 1.4S* Page.41 Modification No. 6 FR 10-26-34 43172 Electricians Cable Solicsrs ac'-ir.s l.Tstaiiers Elevator Constructors: Tile. "^jr Setters I flisrrr?: All work except resiicrtiai worlt?--*iieT:rial work ?ljrr-rs: Pireiitzers: 3icA~t itiers: Airftirriosration: B20.CO 23. »5 IS.50 16.47 Z3.14 16. 20 11.37 17.35 17.16 14.il 21.24 3.50 S.42 8.42 „.,...- , i "--"I Modification No 8 FR 1-11-35ToTF" orcrs:c« NO. (4a ff. «l?02 - ^rvc«a*«r U. 1983) Sae ai*tm Coiner* Cali(enl It. 41 !*.'» $».;» «.;*> Modif-carl on No. 7 FR 11-16-34 45527 I4i /n 41732-Septeiaer ID. 1933) San 3ieoo Caunty. California C*ale Splicer* -tility Technician Sound Installers Splicers Sound Installers •Jtility Technician II Utility Tec.'-nician 12 I S2a.:ci:» *'33.90 20.451 :i -. IS3.90IS.SOI 3>».7416.47| ;i •SI. 46 20.501 3\ «(S3.9023.45131 *| S3.93 IS.4713% »Ul.4(16.5013»».7412.all n-.74 t tility Technician II: • Installation of street Hants and traffic including electrical circuitry, praoraaaole controller, pedestal aounted electric*! aeiter enclosures and living at pre—assamoled caol* ia ducts. The layout ot electrical systaea and conuuaieatian installation including proper position of trcnea clest.li. aad raeius oi cuct t>an»i, lacecion for runnoles. street lig.TtJ, and traffic signals. Utility T-cnnielin lit Distribution of oaterial at job site, inatallstioa of iu:-j for electri:al, teleonone. saale TV, and coeaunicatiaa Ttie settina. lev«ii.iq, ^rounilr.g and racxuig of precast caanoles, and :rans:oraer ?ii». Modification •— ^ <^ '"I ^-—r?. 2-8-co BZCTSICH SO. CAS1-5113- l!"t?r |r"~?r. !'-w. H *Mt,t Ivis .-A 41702 - Sectesioar IS, 1333) San 3ieoo,County, California CHANGS:Givers :DiversStana-by DiversTendersparkinq lot work and/orHighway MarkerstTraffic CelineaclnojDevice Applicator Strlpen £aodblastars>Mhevi stop Installer Foouote b to read:Employer contributes .90per .".our to Vacation fundfar --.!• first year otaxploynenc. 1 year buelees thao 5 years 1.11 toVacation Fund. 5 years oailess men 10 years l.te i-.Vacation Fund, over 10years Lit per hour taVacation Food. FlUBMrs. MpvfitterstStMBdtterii Air Condi-tion, Refrigerationsiooe 1tone 2 Few«r equip«"«« Operator tCroup ICroup 2Croup ]Croup 4Croup SCroup SCroup 7Croup *Croup f S42.77 21. OB JO. 06 14.83 I*. 30 21.4*21.71 17.5017.7111.0711.21It. 4111.5411. (C lt.Il 11. Je -4. 76 4.76 4.76 2.:c»t 2.00» t. • .42 1.42 7. IS7.157.157. IS7. IS7. IS7.357.35 7. IS OVIT:P.itMnq iat work and/or Hlcliway rurvers:Slurry Sell CaerationMixer C=«ratcr:Squeecee Man:Appli:itar Operator:ShuctlnanTop -nan ADD:farKina Lot •.•orK and/oruiaii'jay ^tarKers:Pavement ;«ilinq. Sluri«al. Resurfacing andReealr:Mixer Operator Aoplicatsr Ooeraton~i 11 r » ' -. .r» j 3^ae«oe*:un Top Man Traffic Control Manand Semceun Hourly emetic* 513.95 12.17 10.39 7.00 52.00- C b2.JO-b 2.00.b Page 42 SECTION 3 CLAUSE The work to be performed under this contract is on a project assisted under- a program providing direct federal financial assistance frosi the Dsparccent of Housing 5 Urban. Development and is subject to the- requirements of Section of the Housing and Urban Development Act of 195S, as amended, 12 USC 1701U, • • ••- - - - - t feasible, opportunit:" one^residsnts" pf^jtHe^p: concerns' "which are located"in, ~ or owned" 'in substantiar~part" by; persons" Ing"in~the area of the project. B. "The parties to" this contract will corr.ply 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 cf Housing 5 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 thea froa co-plying with these requirements. C. The contractor will send to each labor organization or representative of workers with whoni he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her co-.aitrr.ents under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for er.pl oyr.ent 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. project, binding upon the applicant or recipii-nt for such assistance, its successors and assigns. Failure to fulfill these requirements shall subjcc^ the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agrcer.ent or contract through which federal nssistance is provided and to such sanctions as are specified by 2', CFR, 135. Page 43 6500.3 Exhibit 2 COMMUNITY DIVILOPMCNT ILOCK OIANT PIOOIAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient); c/o DATC •ftOJCCT NUMMft (If any) PHOJICT H AUK 1. The undersigned, having executed • contract with_ _for the conatruction of the above-identified project, acknowledges that: (•) The Labor Standard^ proviaiona are included in the aforeaaid contract; (b) Correction of any infrectione of the aforesaid conditiona, includinf infraction by any of hia aubcontracton and any lower tier aubcontracton, it hia responsibility; 2. Ne aertHles that! (a) Neither he nor any firm, pertnerahip or aaaociatton in which he haa aubatantial intereat ia designated aa an inelifibla contractor by the Comptroller General of the United Statea purauant to Section S.6(b) of the Retulatioaa of the Secretary of Labor, Pan 5 (29 CFR, Pan 51 or pursuant to Section Xa) of the Davia-Bacoa Act, aa attended HO t/.S.C. 276,-2(,)>. (b) No part of the aforementioned contract ha~a been or will be subcontracted to any subcontractor if auch aub- contractor or any firm, corporation, partnership or aasociation in which such subcontractor haa a aabatantial intereat ia desifnated aa an eieliiible contractor purauant to any of the aforementioned regulatory or statutory provisions. 3. He afrees to obtain and forward to the aforementioned recipient within ten days after the execution ofanyaubcontrsct, including those executed by his subcontractors and any lower tier aubcontractors, a Subcontractor's Certification Coocsmini Labor Standarda and Prevailing Wa|e Requiremeata executed by the aubcontractors. 4. He certHlea that: (e) The less! nsaw and the auiiniti •otriit «f iKe undenianed ere: .(S) (SI A PAMTNCHSHI* (c) The IM», title sad sddrett el the ewner, pe>l>er> er eflicen el the uneenifnes' ere: Page 1 of 2 HUD-Wot*.. D. C. 9/75 6500.3 Exhibit 2 (4 HMMMI ond oooVoitot of oil tfior porsont, both Mtwol ond corporal*, hovinf o stibitontifl inttrtit in «4 tko Mtwr* *f the inttrtit vt (If MH*. *o *»l«Jt (t) TKi fwMs, «ao>*s*M anJ lra«« clots if icotiom of ill othw owiMinf construction contractors in which tho uadorsionW ho* • tubitontiol inftrott pro (If no**. *e ttuttt: € D.I. WAHMIMC U.I. prtmtmrt Coif. tfOU* 1010. T1U. 1>. U.I.C., •UtMBMt. knowini th« •«•• to b« f«lM Bl L, utton or paMUht* «ny • (food mot Boro then (S.OOO or laprlBWMd not vor* Ot«« two jrwira, or both." 9/75 Page 2 of 2 Page 44 6500.3 Exh-ibit 3 u.l. ot«i»TntMT or MOUSING »MO U*UN oivf LomiCNT COMMUNITY DEVELOPMENT (LOCK CHANT PHOGrUM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO Mpprop'Mll* Recipient): C/0 DATC 'WOJICT NAMC 1. The undersigned, having executed a contract with, for_ ttnetor or Subcontractor) (Nature of work} in the •mount of $_ in the contraction of the ibove-identifiod project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforeaaid contract. (b) Neither he nor any firm, corporation, partnerahip or saaociation in which he baa a substantial interest ia deaifnated aa an ineligible contractor by the Comptroller General of the United State* pursuant to Section 5.6(b) of the Refutations of the Secretary of Labor, Part 5 (29 CFR. Part 5), or pursuant to Section Xa) oC the Davis- Bacon Act, as amended ftO U.S.C. 276a-2(a)>. (c) No part of the aforementioned contract Has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnerahip or association in which such subcontractor has a aubatantial interest is designated as an ineligible contractor purauant to the aforesaid regulatory 01 atatutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittsl to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require- ments, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about. 3. H* certifies that: (a) The Uoal n«me end the bu*inesi address of the undersigned are: (b) The uneertijned i*: 111 A SINGLC PWOPHICTO-NSHI*: (4) OTHER ORGANIZATION (Dttcnbc) (c) The nomCt title and address of th« owntr, partners or oHictrt of Hie undersigned ore: HUO-un (i-TII Page 1 of 2 9/75 6500.3 Exhibit 3 (4) TW MM •*< •vttstM •* til t*«r pwtMt, Ufh •*«•! m*i cwpmte, k*vmf • SMktai*t«l infer** in ttw vn^nifiiW, •nrf HM Mtart *f Hit i»t«fMt «r« ///».«, w >•!•;. NAMC AODMKU (•) TH« IMMM, •Mr«Sft«s «n4 trt4t cl«ni(iciH«m of •!! olh«r bwiMinf censtrwetiM ee«irr«ctorsM which th« un4*rsigMJ Iwta tufc|t«nti«l inttrtst *n(lf none, to tutt): NAMt ,AODMKSS € o (Suttcontraetorl Name an4 Title) WAKMIMC U.S. Cfi^Ml Cad*. t^Uen 1010, Titl* It. U.S.C. previ«M in p.rt: "Wfco*vw. . . . ' iUtM«i(. knowUf tte c«u to b* £•!••. .... shall b« fin«d net aora thM IS. 000 <att«r«, or pubUobo* *nj not BOf«_tbM two r*«f«/ ." botfc." 9/75 Page 2 of 2 D. c. Page 45 CLEAN A.IR ACT Contractor agrees to comply with all applicable standards, orders, or regula- tions issued pursuant to the Clean Air Act of lcj?0 ('V2 U.S.C. 1857 et seq.) and the Federal V.'ater Pollution Control Act (33 U.S.C. 1251 ct. seq.) 2s amended. Violations shall be reported to the grantor agency and the Regions'. Office of the Environmental Protection Agency. Page 46 6500.3 Exhibit 8 STATIMIHT OP COMPLIAHCI 4o horoby OUHI wookly woioo o*r*od. Out no roboloo km boo* or wUl bo BUBO otlkor diroctly or ladlncUy to or .o bokoU of **U '**" th* *•" **okly wofoo oamod by oay pon** Mr* tkot oo dodwBOJ*** ko«o boo* o»ao oithor dMctly or Indlioctlr rrooi tko AlU nfOO oorno* bt Mr »orio«. orkor tkM poraiooikto 4o4In IU(ul>t>on>. Port 3 (M CFU l>MIUo A), tooio* by tko locrMoir of Lobor »Wor tko Caoolo^ Act oo M*.63 9UI. 10». 71 Slot MTi 76 StM. 137; 40 0 1 C ]76e). >o4 ooMrlb (41 Hot (1) THot ony oppronucoo o*»loyod lo tko okovo *•!«••> ow omlr ro0ow>rod tat o boao OBO npinlllllllkj »wltk o Sun opprooacookip ofoaey roocUod by tko Iwjon of Kpproinlrooklp oad Traktllc Uoltod Iklloo DovarMaBt ofLobor, or if no ouch roeoBolaod ofoaey oiioM IB • ttoto. oro rO(UO»od wttk Ik* ftnn of Ap*»MieoBfck> OBd TrolBlat, UoUodStotoo OoportBwal of Lobor. - (4) thoc (o) WHKU ntncB Kmrm AM PAID TO APPPOVKO PLAKS. nmn, on PKOOKAM I 1 • In oddltioB to tko kaolc kowly wooo rotoo p*id to o*ek lokoror orrail. poyoMMO of ftUf* banoAlo a* llowd I* rk* eoMroct h*»o BOOB or will *ofor tko ooriBfU of ovek OBipliyni. ompl o* BoMd IB loctioB 4(o) oolow. (b) ram. pumac Btmrm AU PAID m CAM (3U - Bock Loboror or Birbuln Uotod IB Iko ok*** rolo* onooBt oot too* tka* Ik* *«•> of tk* BBplioakl* bononto » 1UM IB tk* OMHnct. oinvt oo ootod IB **cUo* «c) botow. •XCIr*TIOM (CRAFT) IBM A mis N*WB *HO TITLB CIVIL OK CMIMIM*., P>«O»«CUT1OM •«« ••CTIOM *••* •» TITtCODI IXrLAMATION •I9NATUIIB •MTSMAT flW-UtCT TH« COMTHACTOII ON HIVCOMTIIAttT.*.! Tt>.C I* AM* UCTI.1M JSt or TITLK •! O*> TMtl WMlTBO ITATB* Page 1 of 2 9/75 1 Page 47 6500.3 Exhibit 8 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis- Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addi- tion to payment of the ninimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs or by mak- ing these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor wha pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception .shall be noted in Section 4(c) Contractors who pay no fringe benefits: A contractor1 who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classi- fication in thr applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus th« half time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in .lieu of fringes be separately stated in the hourly rate column, thus S3.25,'.40. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4<c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4<b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes. HUD-Woih, O.C. 9/75 Page 2 of 2 II\TH:I» MA i i;xIH;IMIMA\I;\T III LAItlllf \VAI.I: ANII Hiiiiir IMVISIOY Page 48 6500.3 Exhibit 13 e:t.i ^ I WORKING ON FEDERAL OK FEHERALLY FINANCE!) CONSTRUCTION PROJECTS AILYIAUI.U You must be paid not less than the wage rate in the schedule posted with this Notice for the Rind of work you perform. You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 8 a day or 40 a week—whichever is greater. There are some exceptions. i: \TU:I;N Apprentice rates apply only to apprentices properly registered under approved Federal or State apprentice- ship programs. If you do not receive proper pay, contact the Contracting Officer as given below: or you may get in touch with the nearest office of the Wage and Hour Division, U. S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U. S. Government Section of most telephone directories under Department of Labor, Wage and Hour Division. If not listed write to Administrator, Wage and Hour Division, Washington, D.C. 20210 9/75 Page 49 6500.3 Exhibit 11; 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 La 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. MDTCMDM WAGE RATES FOR LABORERS ADD 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 of Incurred during such weekly period. 3. OTDBRPUMEHTS 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 9/75 Page 50 6500.3 Exhibit 14 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. k» ANTICIPATED COSTS OP IRINGE 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 providing1 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 Aot hare 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 recpoot to fringe benefits being provided by the Contractor must be subBitted to th* Looal Publio Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HDUBS AID SAMTT STANDARDS ACT (76 Stat. 357-3$Ot Title UO 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 UO 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 UO hours 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 sun of $10 for eaoh calendar day on which such employee was required or permitted to work Page 2 of 13 9/75 HUD-VMh. O. C. Page 51 6500.3 Exhibit 14 in excess of 8 hours or in excess of the standard workweek of UO 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. *B(PL07JfEHF OF APPBfflTICES/TIULINEES 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 TT. S. Department of Labor, C 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 9/75 u. D. & Page 52 6500.3 Exhibit 14 famish 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 aa 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. b. Trainees. Except as provided in 29 CFR 5*15 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 TJ. 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 end Training withdraws approval of a train- ing program, the contraetor will no longer be permitted to utilise trainees at leas than the applicable predetermined rate fox the work performed until an acceptable program is approved* o. 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 9/75 O.C. Page 53 6500.3 Exhibit 14 7. EMPLOYMENT OP CERTAIN PERSONS PROHIBITED 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 thia 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, 193U (U8 Stat. 9U8: 62 Stat. 862; Title U.S.C., Section 8?U: and Title UO U.S.C., Section 2?6c), 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. EMPLOYMENT OP LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION 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 WAGE 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 9/75 HUD-Wo*., O. C. Page 54 6500.3 Exhibit 14 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 or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. 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 withrespect thereto. 11* • 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 (c) the labor standard* 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 9/B Page 55 6500.3 Exhibit 14 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(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 affected, 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 H<TB upon the work covered 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 limiting 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 9/75 HUD-WMh.. O. C. Page 56 6500.3 Exhibit, 14 without the Local Public Agency's or Public Body's prior written approval 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 the Secretary of Housing and Urban Development, to receive an award of such subcontract. 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 9/75 D. C. Page 57 6500.3 Exhibit 14 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. 2766) 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 inducrs any penon 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 IS,000 or imprisoned not more than five yean, or both. SECTION 2'OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Sat. 948,62 Stat. 862, 63 Stat. 108,72 Stat. 967,40U.S.C., tec. 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 a* the Copdand Act. Thai part applies to any contract which is subject to Federal wage standards and which ia for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loan* 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 FedersJIy-assisted constriction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganisation Plan No. 14 HUD-Wash, O.C. Page 9 of 13 9/75 Page 58 6500.3 Exhibit 14 (e.g.. the College Homing Act of 19SO, 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 subcontractor! 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 conduction 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 at 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 aite by the contractor or subcontractor. (c) The terms "pubh'c 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 States" 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 or 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 forefoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) A* used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mcirhsaiir and those who an the immediate supervisors of such employee*. MUO-*«sh, D.C. Page 10 of 13 9/75 Page 59 6500.3 Exhihit 14 (b) l-'..ich contractor or subcontractor engaged in the construction. prose< ution, completion, or repair of any public building or public uork. or building or uork financed in whole or in part by loan* or grants from the United States, *hall furnish each »n'k 3 statement »ith respect to the wages paid each of its employees engaged on work covered by 29 CI i( Parts 3 and ."> during the preceding wcckl) payroll period. This statement shall he executed by the contractor or subcon- tractor or b\ an authorised officer or employee of.thc rontraetor or subcontractor who supervises the payment of wa<:<*s, and shall be on form \VI| 3 If), "Statement of Compliance", or on an identical form on the hack of \VII 3 17, "Payroll (For Con- tractors Optional Use)'' or on any form with identical wording. Sample copies of Wll 317 and WM 3-W1 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may l>e purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of S2.000 or less. (d) Upon a written finding b) the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of tin- section subject to such conditions to the .Secretary of Labor may specify. [29F.R. 93,Jan. 4. 1964. a, amended at 33 F.R. 10106, July 17, 1968] Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) F.ach weekly stall-incut required under § 3.3 shall be dclnrred by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work, or, if there is no representative of a Federal or Stale agency at the site of the building or work, the statement shall he mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or fiiuiRin" the building or work. After such examination and eheek as may be made, such •Utcmrnt, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the tmlcd Slates Department of Labor. (b) Fach contractor or subcontractor shall preserve his weekly payroll record* for a period of three years from dale of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct clarification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such pa\ roll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. Section 15 Payroll deductions permissible without application to or approval of tha 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 requirements of Federal. State, or local law, such at Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a hona firlc prepayment of wages when such prepayment is made without discount or interest. A "bona fide prc|>ayrnent of wages'* is considered to have been made only w hen cash or its equivalent ha.- been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) \ny deduction of amounts required by court process to be paid to another, unless thededuction is in favor of the contractor, subcontractor or an\ affiliated person, or when collusion or collaboration exists. HUO-W.^i, O.C. Page 11 of 13 9/75 Page 60 6500.3 Exhibit 14 (d) Any deduction constituting i contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the propose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accident!, 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: (I) 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 luthonzed by the employee. (f) Any deduction requested by the employer 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 employers 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 other 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 § 5 16.2? (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 either in the form of a commission, dividend, or otherwise: (b) The deduction is not otherwise prohibited by law; (c) The deduction is cither (1) 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 ur subcontractor and representatives of its employees: and (d) The deduction serves the convenience and interest of the employee. HUO-Wssh, O.C. Page 12 of 13 9/75 Page 61 6500.3 Exhibit 14 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 requirement? (irocnbi'd in the following paragraphs of this section: (a) The application shall be in writing anil shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or contracts under whieh the work in question is to lir performed. I'cr- minion will be given for deductions only on specific, identified contracts, except upon a show ing of exceptional circumstances. (c) The application shall state affirmatively that there i* compliance with the standards scf forth in the provisions of § 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such complijnce. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the clasacs of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom im funds obtained from the pro- posed deductions arc to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Ijibor shall decide whether or not the requested deduction in permiwible under provisions of § 3.6; and shall notify the applicant in writing of hit 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 rash, negotiable instrument* payable on demand, or the additional forms of com|>cnsa- tion 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 be ap- plicable. In this regard, see § 5.5 (a) of this subtitle. > u. i. covnminiT nanaa ornct i»n o • «•-«> (•« HUO-Woih, O.C. Page 13 of 13 9/75 SPECIAL PROVISONS TABLE OF CONTENTS - SPECIAL PROVISONS DIVISION 1 NOT APPLICABLE DIVISION 2 SECTION 02070 Selective Demolition 02210 Site Grading 02513 Asphaltic Concrete Paving 02577 Pavement Marking DIVISION 3 SECTION 03300 Cast-in-Place Concrete DIVISION 4-16 NOT APPLICABLE W SECTION 02070 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Carefully demolish and site those items scheduled to be so removed. remove from demolished the and PART 2 - PRODUCTS (No products are required in this Section) EXECUTION SURFACE CONDITIONS PART 3 3.1 A.Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 DEMOLITION A. By careful study of the Contract Documents, determine the location and extent of selective demolition to be performed. B. In company with the City, visit the site and verify the extent and location of selective demolition required. 1. Carefully identify limits of selective demolition. 2. Mark interface surfaces as required to enable workmen also to identify items to be removed and items to be left in place intact. C. Prepare and follow an organized plan for demolition and removal of items. 1. Completely remove items scheduled to be so demolished and removed, leaving surfaces clean, solid, and ready to receive new materials specified elsewhere. 2. In all activities, comply with pertinent regulations of governmental agencies having jurisdiction. D. Demolished material shall be considered to be property of the Contractor and shall be completely removed from the job site. 02070-1 '•>»**>• E. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site. 3.3 REPLACEMENTS A. In the event of demolition of items not so scheduled to be demolished, promptly replace such items to the approval of the City and at no additional cost to the City. END OF SECTION 02070-2 SECTION 02210 SITE GRADING PART 1 - GENERAL 1.1 DESCRIPTION Work included: Excavate, backfill, compact, and grade the site to the elevations shown on the Drawings, as specified herein, and as needed to meet the requirements of the construction shown in the Contract Documents. PART 2 - PRODUCTS 2.1 SOIL MATERIALS Fill and backfill materials: 1. Provide soil materials free from organic matter and deleterious substances, containing no rocks or lumps over 6" in greatest dimension, and with not more than 15% of the rocks or lumps larger than 2- 3/8" in their greatest dimension. 2. Fill material is subject to the approval of the City, and is that material removed from excavations or imported from off-site borrow areas, predominantly granular non-expansive soils, free from roots and other deleterious matter. 3. Do not permit rocks having a dimension greater than 1" in the upper 12" of fill or embankment. 4. Cohesionless material used for structural backfill: Provide sand free from organic material and other foreign matter, and as approved by the City. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 02210-1 3.2 FINISH ELEVATIONS AND LINES A. Finish elevations and lines should be such that the pavement elevations shown on the plans can be achieved using the designed pavement thickness. 3.3 PROCEDURES A. Utilities: 1. Unless shown to be removed, protect active utility lines shown on the Drawings or otherwise made known to the Contractor prior to excavating. If damaged, repair or replace at no additional cost to the City. 2. If active utility lines are encountered, and are not shown on the Drawings or otherwise made known to the Contractor, promptly take necessary steps to assure that service is not interrupted. 3. If service is interrupted as a result of work under this Section, immediately restore service by repairing the damaged utility at no additional cost to the City. 4. If existing utilities are found to interfere with the permanent facilities being constructed under this Section, immediately notify the City and secure instructions. 5. Do not proceed with permanent relocation of utilities until written instructions are received from the City. B. Protection of persons and property: 1. Barricade open holes and depressions occurring as part of this Work, and post warning lights on property adjacent to or with public access. 2. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 3. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, washout, and other hazards created by operations under this Section. C. Dewatering: 1. Keep excavations and site construction area free from water. D. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site. E. Maintain access to adjacent areas at all times. 02210-2 3.4 EXCAVATING A. Perform excavating of every type of material encountered within the limits of the Work to the lines/ grades, and elevations indicated and specified herein. B. Satisfactory excavated materials: 1. Transport to, and place in, fill or embankment areas within the limits of the Work. C. Uhsat is factory excavated materials: 1. Excavate to a distance below grade as directed by the City, and replace with satisfactory materials. 2. Include excavation of unsatisfactory materials, and replacement by satisfactory materials, as part of the work of this Section. D. Surplus materials: 1. Dispose of unsatisfactory excavated materials, and surplus satisfactory excavated material, away from the site at disposal areas arranged and paid for by the Contractor. E. Excavate and backfill in a manner and sequence that will provide proper drainage at all times. F. Ditches and gutters: 1. Cut accurately to the cross sections, grades, and elevations shown. 2. Maintain excavations free from detrimental quantities of leaves, sticks, trash, and other debris until completion of the Work. 3. Dispose ofexcavated materials as shown on the Drawings or directed by the City; except do not, in any case, deposit materials less than 3'-0" from the edge of a ditch. G. Unauthorized excavation: 1. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific instruction from the City. 2. Under footings, foundations, or retaining walls: a. Fill unauthorized excavation by extending the indicated bottom elevation of the footing or base to the excavation bottom, without altering the required top elevation. 3. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations, unless otherwise directed by the City. 02210-3 3.5 FILLING AND BACKFILLING A. Ground surface preparation: 1. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from the ground surface prior to placement of fills. 2. When existing ground surface has a density less than that specified under "compacting" for the particular area, break up the ground surface, pulverized, moisture-condition to the optimum moisture content, and compact to required depth and percentage of maximum density. 3. At exposed soils in areas to be paved, scarify to a minimum depth of 6", and recompact at a moisture content that will permit proper compaction as specified for fill. B. Placing and compacting: 1. Place backfill and fill materials in layers not more than 9" in loose depth. 2. Before compacting, moisten or aerate each layer as necessary to provide the optimum moisture content. 3. Compact each layer to required percentage of maximum density for the area. 4. Do not place backfill or fill material on surfaces that are muddy, frozen, or containing frost or ice. 5. Place backfill and fill materials evenly adjacent to structures, to required elevations. ••*—•' 6. Take care to prevent wedging action of backfill against structures by carrying the material uniformly around the structures to approximately the same elevation in each lift. 3.6 GRADING A. General: 1. Uniformly grade the areas within limits of grading under this Section, including adjacent transition areas. 2. Smooth the finished surfaces within specified tolerance. 3. Compact with uniform levels or slopes between points where elevations are shown on the Drawings, or between such points and existing grades. 4. Where a change of slope is indicated on the Drawings, construct a rolled transition section having a minimum radius of approximately 8'-0", unless adjacent construction will not permit such a transition, of is such a transition defeats positive control of drainage. 02210-4 ,,!#*»» w B. Grading adjacent to retaining walls: 1. Grade areas adjacent to retaining walls to achieve drainage away from the structures, and to prevent pond ing. 2. Finish the surfaces to be free from irregular surface changes, and: a. Shape the surface of areas scheduled to be under walks to line, grade, and cross- section, with finished surface not more than 0.10 ft above or below the required subgrade elevation. b. Shape the surface of areas scheduled to be under pavement to line, grade, and cross- section, with finished surface not more than 0.05 ft above or below the required subgrade elevation. 3.7 COMPACTING A. Control soil compaction during construction to provide the minimum percentage of density specified for each area as determined according to ASTM D1557. B. Provide not less than the following maximum density of soil material compacted at optimum moisture content for the actual density of each layer of soil material in place. 1. Pavements: a. Compact the top 8" of subgrade and each layer of fill material or backfill material at 95% of maximum density for cohesive soil material. C. Moisture control: 1. Where subgrade or layer of soil material must be moisture-conditioned before compacting, uniformly apply water to surface of subgrade or layer of soil material to prevent free water appearing on surface during or subsequent to compacting operations. 2. Remove and replace, or scarify and air dry, soil material that is too wet to permit compacting to the specified density. 3. Soil material that has been removed because it is too wet to permit compacting may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing, or pulverizing until moisture content is reduced to a satisfactory value as determined by moisture-density relation tests approved by the City. 02210-5 W 3.8 FIELD QUALITY CONTROL A. Secure the City's inspection and approval of subgrades and fill layers before subsequent construction is permitted thereon. B. Provide at least the following tests to the approval of the City: 1. One field density test for every 2000 sq ft of paved area in each compacted fill layer at the top of the finished compacted grade. C. If/ in the City's opinion based on reports of the testing laboratory, subgrade or fills which have been placed are below specified density, provide additional compacting and testing under the provisions of these Specifications. D. Compaction testing to be provided by the Contractor. 3 .9 MAINTENANCE A. Protection of newly graded areas: 1. Protect newly graded areas from traffic and erosion, and keep free from trash and weeds; 2. Repair and reestablish grades in settled, eroded, and rutted areas to the specified tolerances. B. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify the surface, reshape, and compact to the required density prior to further construction. 3. 10 CERTIFICATION A. Upon completion of this portion of the Work, and as a condition of its acceptance, deliver to the City a written report certifying that the compaction requirements have been obtained. State in the report the area of fill or embankment, the compaction density obtained, and the type or classification of fill material placed. END OF SECTION 02210-6 SECTION 02513 ASPHALTIC CONCRETE PAVING o PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide asphaltic concrete paving, asphaltic concrete overlay, and pavement marking where shown on the Drawings, as specified herein, and as needed for a complete and proper installation. 1.2 SUBMITTALS A. Product data: Within 35 calendar days after the Contractor has received the City's Notice to Proceed, submit: 1. Materials list of items proposed to be provided under th is Sect ion; 2. Certificates, signed by the asphaltic concrete paving materials producer and the asphaltic concrete paving subcontractor, stating that materials meet or exceed the specified requirements. PART 2 - PRODUCTS 2.1 AGGREGATES A. Provide aggregates consisting of crushed stone, gravel, sand, or other sound, durable, mineral materials processed and blended, and naturally combined. B. Base aggregate maximum size: 1. Base courses: 3/4" C. Aggregates for asphaltic concrete paving: Provide a mixture of sand, mineral aggregate, and liquid asphalt mixed in such proportions that the percentage by weight will be within: Sieve sizes: Percentage passing: 3/4" 100% 3/8" 67-85% 1/4% 50-65% No. 8 mesh 37-50% No. 30 mesh 15-25% No. 200 mesh 3-8% 02513-1 plus 50/60 penetration liquid asphalt at 5% to 6-1/2% of the combined dry aggregates. 2.2 WEED KILLER A. Provide a dry, free-flowing, dust-free chemical compound containing not less than 30% sodium chlorate or a chlorate-borate compound, non-flammable, not creating a fire hazard when applied in accordance with the manufacturer's recommendations, soluble in water, and capable of being spread dry or in solution. B. Acceptable products: 1. "Chlorax 40": Chipman Chemical Company, Inc., Palo Alto California. 2. "Monobar-Chlorate": U.S. Borax and Chemical Corp., Los Angeles California. 2.3 HEADERS AND STAKES A. Provide Redwood, Construction grade, in dimensions shown on the Drawings or as required for the use where dimensions are not shown on the Drawings. 2.4 ASPHALTS A. Comply with provisions of Asphalt Institute Specification SS-2: 1. Asphalt cement: Penetration grade 50/60. 2. Prime coat: Cut-back type, grade MC-250. 3. Tack coat: Uniformly emulsified, grade SS-1H, 2.5 SEALER A. Provide a sealer consisting of suitable fibrated chemical type asphalt base binders and fillers having a container consistency suitable for troweling after thorough stirring, and containing no clay or other deleterious substance. 2.6 MIXING ASPHALTIC CONCRETE MATERIALS A. Provide hot plant mixed asphaltic concrete paving materials. 1. Temperature leaving the plant: 290 degrees F minimum, 320 degrees F maximum. 2. Temperature at time of placing: 280 degrees F minimum. 02513-2 2.7 MARKING PAINT A. Provide traffic paint as indicated on the Drawings and as required under Section 2577 of these Specifications. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 FINAL PREPARATION OF SUBGRADES A. After preparation of subgrade as specified in another Section of these Specifications, thoroughly scarify and sprinkle the entire area to be paved, and then compact to a smooth, hard, even surface of 95% compaction to receive the aggregates. B. Apply the specified weed killer to the entire area to be paved. Adhere to the manufacturer's application recommendations. 3.3 PLACEMENT OF BASE COURSES A. Base: 1. Spread the specified base material to a thickness providing the compacted thickness shown on the Drawings. 2. Compact to 95%. B. Thickness tolerance: Provide the compacted thicknesses shown on the Drawings within a tolerance of minus 0.0" to plus 0.5". C. Smoothness tolerance: Provide the lines and grades shown on the Drawings within a tolerance of 3/8" in ten feet. 1. Deviations: Correct by removing materials, replacing with new materials, and reworking or recompacting as required. D. Moisture content: Use only the amount of moisture needed to achieve the specified compaction. 02513-3 3.4 PLACEMENT OF ASPHALTIC CONCRETE PAVING A. Install the specified headers and stakes to achieve the arrangement of paving shown on the Drawings. B. Remove all loose materials from the compacted base. C. Apply the specified prime coat, and tack coat where required, and allow to dry, in accordance with the manufacturer's recommendations. D. Adjust frames and covers, if so required, to meet final grades. E. Receipt of asphaltic concrete materials: 1. Do not accept material unless it is covered with a tarpaulin until unloaded, and unless the material has a temperature of not less than 280 degrees F. 2. Do not commence placement of asphaltic concrete materials when the atmospheric temperature is below 50 degrees F, nor during fog, rain, or other unsuitable conditions. F. Spreading: 1. Spread material in a manner which requires the least handling. 2. Where thickness of finished paving will be 3" or less, spread in one layer. G. Rolling: 1. After the material has been spread to the proper depth, roll until the surface is hard, smooth, unyielding, and true to the thickness and elevations shown on the Drawings. 2. Roll in at least two directions until no roller marks are visible. 3. Finished paving smoothness tolerance: a. Free from birdbaths. b. No deviations greater than 1/8" in six feet. 3.5 PLACEMENT OF ASPHALTIC CONCRETE OVERLAY A. Immediately before applying the tack coat, remove all loose material, dirt, clay, and other objectionable material from surface to be treated. B. The surface of the course will be smooth and of such depth that, when compacted, it will conform to grades indicated on plans. Placing of the mixture shall be as continuous as possible. 02513-4 C. Joining Pavement: The joints between old and new pavements shall be carefully made in such a manner as to insure a continuous bond between old and new sections of the course. Edges of existing pavement shall be exposed and cleaned and edges cut to straight, vertical surfaces. All joints shall be painted with a uniform coat of tack coat before the fresh mixture is placed. D. Spreading: Where thickness of finished overlay will be 3" or less, spread in one layer. 3.6 PAVEMENT MARKING A. Prepare the surfaces and apply the specified paint in accordance with the manufacturer's recommendations. 3.7 PROTECTION A. Protect the asphaltic concrete paved areas from traffic until the sealer is set and cured and does not pick up under foot or wheeled traffic. END OF SECTION 02513-5 SECTION 02577 PAVEMENT MARKING PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide pavement marking in the types and arrangements shown on the Drawings, as specified herein, and as needed for a complete and proper installation. 1.2 SUBMITTALS A. Product data: Within 35 calendar days after the Contractor has received the City's Notice to Proceed, submit: 1. Materials list of items proposed to be provided under this Section; 2. Manufacturer's specifications and other data needed to prove compliance with the specified requirements; 3. Photographs, scale drawings, or other data acceptable to the City, showing types of graphics proposed to be used. PART 2 - PRODUCTS 2.1 PAVEMENT MARKING PAINT A. Provide paint specifically formulated for use as pavement marking in automobile traffic areas, and in the colors selected by the City from standard colors of the approved manufacturer. 2.2 OTHER MATERIALS A. Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to the approval of the City. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the 02577-1 Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 APPLICATION Using proper masking, stencils, and application equipment recommended for the purpose by the manufacturer of the approved paint, apply the approved paint in strict accordance with its manufacturer's recommendations. 3.3 PROTECTION A. Provide traffic cones, barricades, and other devices needed to protect the paint until it is sufficiently dry to withstand traffic. 3.4 CLEANUP A. When paint is thoroughly dry, visually inspect the entire application, and: 1. Touchup as required to provide clean, straight lines and surfaces throughout. 2. Using a permanently opaque print identical in color to the surface on which the paint was applied, block out and eliminate all traces of splashed, tracked, and /or spilled pavement marking paint from the background surfaces. END OF SECTION 02577-2 SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide cast-in-place concrete, including formwork, and prefabricated concrete wheel stops, where shown on the Drawings, as specified herein, and as needed for a complete and proper installation. 1.2 QUALITY ASSURANCE A. Provide access for, and cooperate with, the inspector and testing laboratory. B. Do not commence placement of concrete until mix designs have been reviewed and approved by the City, and until copies of the approved mix designs are at the job site and the batch plant. 1.3 SUBMITTALS A. Secure concrete mix designs from the testing laboratory and submit to the City for review and approval. B. Distribute approved mix designs to testing laboratory, batch plant, job site, and City. PART 2 - PRODUCTS 2.1 FORMS A. Design, erect, support, brace, and maintain formwork so it will safely support vertical and lateral loads which might be applied until such loads can be supported safely by the concrete structure. B. Construct forms to the exact sizes, shapes, lines, and dimensions shown, and as required to obtain accurate alignment, location, grades, and level and plumb work in the finished structure. 2.2 CONCRETE A. Comply with the following as minimums: 1. Portland cement: ASTM C150, Type II, low alkali. 03300-1 2. Aggregate, general: a. ASTM C30, uniformly graded and clean; b. Do not use aggregate known to cause excessive shrinkage. 3. Aggregate, coarse: Crushed rock or washed gravel with minimum size between 3/4" and 1-1/2", and with a maximum size number 4. 4. Aggregate, fine: Natural washed sand of hard and durable particles varying from fine to particles passing a 3/8" screen, of which at least 12% shall pass a 50-mesh screen. 5. Water: Clean and potable. B. Provide concrete with a 28 day compressive strength of 3,000 psi. 2.3 PREFABRICATED CONCRETE WHEEL STOPS A. Concrete shall comply to the mini mums previously stated in Section 03300, Part 2.2. B. Reinforcement shall comply with the following as minimums: 1. Bars: ASTM A615, Grade 60, using deformed bars for number 3 and larger; 2. Bending: AC I 318. C. Fabricate reinforcement to the required shapes and dimensions, within fabrication tolerances stated in the CRSI "Manual of Standard Practices." D. Installation shall be firm anchorage to the pavement. 2.4 OTHER MATERIALS A. Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to the approval of the City. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 03300-2 3.2 MIXING CONCRETE A. Transit mix the concrete in accordance with provisions of ASTM C94. B. Mixing water: 1. At the batch plant, withhold 2-1/2 gal of water per cu yd of concrete. 2. Upon arrival at the job site/ add all or part of the withheld water (as required for proper slump) before the concrete is discharged from the mixer. 3. Mix not less than five minutes after the withheld water has been added, and not less than one minute of that time immediately prior to discharge of the batch. 4. Unless otherwise directed, provide 15 minutes total mixing time per batch after first addition of water. C. Do not use concrete that has stood for over 30 minutes after leaving the mixer, or concrete that is not placed within 60 minutes after water is first introduced into the mix. 3.3 PLACING CONCRETE A. Preparation: 1. Remove foreign matter accumulated in the forms. 2. Rigidly close openings left in the formwork. 3. Wet wood forms sufficiently to tighten up cracks. Wet other material sufficiently to maintain workability of the concrete. 4. Use only clean tools. B. Conveying: 1. Perform concrete placing at such a rate that concrete which is being integrated with fresh concrete is still plastic. 2. Deposit concrete as nearly as practicable in its final location so as to avoid separation due to rehandling and flowing. 3. Do not use concrete which becomes non-plastic and unworkable, or does not meet required quality control limits, or has been contaminated by foreign materials. 4. Remove rejected concrete for the job site. C. Placing concrete in forms: 1. Deposit concrete in horizontal layers not deeper than 24", and avoid inclined construction joints. 2. Remove temporary spreaders in forms when concrete has reached the elevation of the spreaders. 03300-3 3.4 CONSOLIDATION A. General: 1. Consolidate each layer of concrete immediately after placing, by use of internal concrete vibrators supplemented by hand spading, rodding, or tamping. 2. Do not vibrate forms or reinforcement. 3. Do not use vibrators to transport concrete inside the forms. 3.5 EXPANSION JOINTS. A. Fill expansion joints full depth with expansion joint material approved by the City. 3.6 CONCRETE FINISHING A. Except as may be shown otherwise on the Drawings, provide the following finishes at the indicated locations. 1. Scratch finish: a. Apply to monolithic slab surfaces that are to receive concrete floor topping or mortar setting bed. 2. Float finish: a. Apply to monolithic slab surfaces that are to be exposed to view, unless otherwise shown, and to slab surfaces that are to be covered ***' with resilient flooring, carpeting, paint, or ***** other thin-film finish coating system. 3. Trowel finish: a. Apply to monolithic slab surfaces that are to be exposed to view, unless otherwise shown, and to slab surfaces that are to be covered with resilient flooring, carpeting, paint, or other thin-film finish coating system. 4. Non-slip broom finish: a. Apply to walks, stairs, drives, ramps, and similar pedestrian and vehicular areas. 3.7 REMEDIAL WORK A. Repair or replace deficient work as directed by the City and at no additional cost to the Owner. END OF SECTION 03300-4 CERTIFICATE OF INSURANCE Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. lis certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. ^ ^ S co ' >>- Name and address of Insured 1C f,-. 1 -> O r -s1 Lindo Engineering ' Producer rci • 1-998 P.O. Box 2666 .- p|ace; San Diego La Mesa, Ca. 92041 Date |ssued; 11/11/85 Region: oan,.ua L_ . _J Kind of Coverage Workers co*NO*Expiration Date Policy Number Snera|huSbility UJ 11/21/85 Special Multi-Peril or 1 I Trademark (Section II only) | | Products - Completed Operations: &] Include Contractual - All Written Contracts: Kj lnc!ude( Owners', Landlords' and Tenants' Liability Contractual Liability — ^nated Contracts Automobile Liability 1 EH All Owned Autos i 1 Hired and Non D Specified Autos Only Umbrella Liability 2025 00 054331 d D Excluded i D Not Covered 3wned Autos ** Unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all states (except states where coverage can be provided only by State Funds, and Canada) and as designated in the policy and endorsements for Employers Liability. Limits of Liability Bodily Injury Property Damage $ Each Occurrence $ $ Aggregate $ Each Occurrence Aggregate Single Limit $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate $ Each Occurrence $ $ $ Each Occurrence $ $ Each Occurrence Aggregate Each Occurrence Aggregate Single Limit $ Each Occurrence $ Aggregate $ Per Person $ Per Accident $Per Accident Single Limit $ Per Accident $ Each Occurrence $ Aggregate Products - Completed Operations $ Retention Special Provisions/Locations/Specified Autos: ' Job: Depot parking lot #3704 The certificate holder is an additional insured as their interest may appear. If any policy described above is canceled during its term by the company, the company will mail thirty days prior written notice to the certificate holder. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afford- ed by the policy (policies) described above is subiect to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 Attn: Pat Entezara *lssued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 1. WAUSAU LLOYDS Signed. \ Authorized Company Representc (S) 15-5736 FRC: i\ HOWARD PARKER INSURANCE 4550 Kearny Villa Rd. #211 San Diego, CA 92123 (619) 560-0555 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE \COMPANY A i I CTTCD ** I?-« > , INSURED | T. Stanford Goodma 1 DBA: Lindo Engine P.O. Box 2666 La Mesa, CA 92041 LETTER « Ohio Casualty COMPANY — LETTER •* n COMPANY -» ering LETTER C COMPANY |% LETTER ** COMPANY c LETTER c {COVERAGES ^*siS«sifSi^>,**a > f S:M«»S«*:#^ ; THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ico iLJR A r A TYPE OF INSURANCE GENERAL LIABILITY X X] X X, X]x,x ^x COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (^ERP^N) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER to be issued ll/ to be issued ll/ POLICY EFFECTIVEDATE (MM/DD/YY) 21/85 1 21/85 1 POLICY EXPIRATION DATE (MM/DD/YY) 1/21/86 1/21/86 LIABILITY LIMITS IN THOUSANDS ^ •<• , BODILY INJURY PROPERTYDAMAGE Bl & PD COMBINED EACH OCCURRENCE $ $ $ 1,000 PERSONAL INJURY aocitrINJURY(PER PERSON! aoD-.r INJURY (PER ACCIDENT) PROPERTY DAMAGE Bl & PD COMBINED Bl & PDCOMBINED $ $ $ $ $ AGGREGATE $ $ $ 1,000 $ 1,000 < *, t*. . - • " ./'- '' l\ ' •., -I 1 • \ # $ STATUTORY ' ';'/.';;>' $ (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Operations of insured. Job # Depot Parking Log #3704 Certificate Holder is also named as Additional Insured. RHFICATE*HOI:DER of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Pat Entezara SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION. DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE , LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMEAtlY^ ITS AGENTS OR REPRESENTATIVES.