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HomeMy WebLinkAboutPrime Contractor; 1983-01-05; 1122CITY OF CARLSBAD San Diego County California BEST ORIGINAL CONTRACT DOCUMENTS $ SPECIFICATIONS for DOWNTOWN PARKING IMPROVEMENT CONTRACT NO. 1122 TABLE OF CONTENTS ITEM . PAGE NOTICE INVITING PIDS . 1 PROPOSAL 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL 8 DESIGNATION OF SUBCONTRACTORS 9 BIDDER'S STATEMENT OF FINANCIAL, RESPONSIBILITY ,11 BIDDER'S STATEMENT OF TECHNICAL ABILITY $ EXPERIENCE 12- CONTRACT 14 LABOR-AND MATERIAL BOND . • 19 PERFORMANCE BOND 21 HUD REQUIREMENTS 23 GENERAL PROVISIONS 73 • SPECIAL PROVISIONS 79 CITX OP CARLSBAD, CALIFORNIA NOTICE INVITING Sealed bi.ds will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carl chad, California, until 4:00 PM on the 7 day of October .* , 19 82 at which time they will be opened and read for performing the work as follows: DOWNTOWN PARKING IMPROVEMENT: -. .CONTRACT NO. 1122 ' - ' ; tt Said work shall be performed in strict conformity with the specifi- cations therefor as approved by the City Council of the City of- Carlsbad on file in the Engineering Department. Reference is hereby made to said specifications for full particulars and description of 'said work. ..'•'. No bid will be received unless it is made on a proposal form fur- nished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond marie payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the " amount of bid; said guarantee to ba forfeited should the bidder to • whom the contract is awarded fail to furnish, the required bonds and to enter into a contract with the City within the period of time provided for by the bid requirements. The bidders' security of the second snrl third lowest responsive bidders may be withheld until the contract has been fully executed. The cash, cashier's checks or certified checks submitted by all other unsuccessful' bidders shall ba 'returned to them within ten (10) days after the contract is awarded, and their bidders' bonds shall be of no further effect. The documents included within the sealed bids which require com- pletion end execution are the following: • • 1. Proposal '. • 2. Bidder's Pond 3. T>2,£»iqnation of Subcontractor? 4. Bidder's Statement of Financial Responsibility 5^. Bidder's Statement of Technical Ability and Experience Said documents shall be affixed with the appropriate notarized nigna- ' tores and titles of the persons signing on behalf of the bidder. For • corporations, the signatures of the president or vice-prosiclcnt atv'i secretory ai:o required and the* corporate seal shall bo affixed to all ' ' docur.v.TiVs requiring signature::;. • In the case of a partnership, the; notarised signature of at Icar.t one general partner is required. Page 2 • All bids arc to be compared on the basis of the Engineer's estimate. '(Vie estimated quantities are approximate only, being given solely as a basis for tin-, comparison of bids. The estimated cost of the 'work is $_€3>0?"?.. • - . No bid shall be accepted from a contractor who has not been licensed in accordance witn the provisions of Chapter 9, Division 3 of the Business 'and Professions Code. The contractor shall state his/her . license number and classification in the proposal. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed ^contractors for the first set. Additional sets are available for a non-refundable fee of __ yiiJJl!! _ 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 State of California Labor Cods, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and JL773.1. ' - Pursuant to Section to Section 1773.2 of r,aid Labor Code, a current copy of applicable wage rates is on file in the Office of the City Clerk oJ the City of Carlsbad. • . It shall be mandatory upon the contractor to whom the "contract is awarded to pay not less than .the said specified prevailing rates of . wages to all workers employed by him/her in the execution of the contract. '_ . Also, t:\iti prv,iw contractor shall bo responsible, to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations with apprenticeships as re- quired oil public works projects above thirty thousand dollars ($30,000) or twenty (?.0) working days or for specialty contractors not bidding . for \ro;:k through a general or prime contractor involving more than .two thousand dollars ($2,000) or more than five (5) working days. The nr.ount of bond to he given for the faithful performance of the contract for said work shall be one hundred percent (100/0 of the contract price therefor, and an additional bond in the amount equal to fifty percent (507.) of the contract price for said work shall be given to siecurc the payment of the claims for any material or supplies Curni fibed for tho performance oC the work contracted to b(': done, by the contractor for any work or labor of any kind done. thereon. A prebid meeting find loin: of project r.ltc will, be held, on Page 3 Partial ana final payments on this contract shall be in accordance with Section 9 of "the 1979 edition of "Standard Specifications for Public Vforks Construction". In all cases 10% retention of the amount due will be held. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. v • The Contractor may, at his/her option, substitute securities, as specified by Government; Code Section 16340, for the retention held on this contract. -At the request and expense of the Contractor, secur5tJ.es equivalent to the amount withheld may be deposited with the City or with a state or federally chartered bank as the escrow agent who shall pay*-such monies to the Contractor upon sat is factor}' completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shalX receive any interest on the monies. - Approved by the City Co t'-cil of the City of Carlsbad, California, 4iy Resolution No. ~\Q \\ , adopted on the x=v I ?t\ ^ay °^ , 1982 ' '. ' " - - Date ff' I Aletha L. Rautenkranz, City Clei'ic \ Page 4 CITY OF CARLSBAD CONTRACT NO'. 1122 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1122 in accordance with the P,lans and Specifications of the City of Carlsbad, and the special provisions and that he/she will take in full payment therefore the following unit process for each item complete, to wit: Item Jo. 3.. 4. . Article w/Unit Price or Lump Sum Written in Words Clearing $ Grubbing at Approximat e Quant ity & Unit I/Lump- Sum dollars c ent s per lump sum. Relocate Street Light at *3*\Ajf./, tfJVUriSMLil. ^^jjf dollars- & cents per EA. 8" concrete curb & gutter including fine grade complete in place at * dollars cents per lineal foot 6" concrete curb including fine grade complete in place d o 1 i a r s cents per lineal foot Unit Price TOTAL .Abo.en*\y + >SIF 251 L.F. Page 5 No 5i 6. 7. 9. 10. 11. 12. Article w/Unit Price or Lump Sum written in Words Concrete midblock cro'ss gutter at .$t4Sfi ' d o 11 a r s c ents Approximate Quantity & Unit S.F. Unit Price Total /• ^ per square focft.' P.C.C. alley apron complete in place including fine grade dollars cents / "7 _ per square fo'otl • Concrete sidewalks complete in %<J^ 648 S.F. place including fine grade dollars c ents . per square foot. Asphalt concrete paving a t "3- JQjjjfa/ 3- .tlg^g^ d o 11 a r s & f / ~ per ton. Aggregate base at' & • ~~ perton.' ., — Install street light arm & light complete with wiring a t J^ J&(7l<*sYT»l«r HUND&bd. o 11 a r s, &c en t s per EA. AsphaLt concrete overlay at -f dLftJUS 3- .tstSLJL* dollars & * .: / v 68. tons c ent s per ton. f./ Drainagej dit_ch complete in place ^2^80 L.F. J- jf^fJts£s?7) dollars #?_i uat & / / per linear foot. cents >?£/=- Page 6 Item No. 13. 14. 15. 16. 17. Article w/Unit Price or Lump Sum written in Words 4" P.V.C. underdrawn pipe complete in place including fine grade at \$£srtj dollars cents per lineal foot. 10" asbestos cement pipe •complete inolace at iJ^L^J^JT^^j^ dollars & ' :J ' . c e n t s per linear foot. Redwood header complete in place at x -y? (J~fAJL) dollars & per linear foot. Grading at c e n t s 7 dollars cents per cubic yard. Wheel ps complete in place at jLtfJ d o 11 a r s cents per 'EA. ALTERNATE 1 Approximat e Quant ity & Unit Unit Price IA.» Total — 10 455 ...wk .F.»X 1/253 c.y.y. Y - * </32 EA. TOTAL (IN FIGURES)0 TOTAL (IN WORDS) ADDENDUM (A)- NO(S) / INCLUDED IN THIS FROPOSALl' HAS/HAVE BEEN RECEIVED AND IS/ARE Page 7 All bids are. to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between vovds and figures, the v;ords shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids w£ll 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 xmdersigned agrees that in case cf default in executing the re- quired 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 cf California providing for the registration of contractors, License No. g0c?dfljT L? Identification <^JT~^ JTg / The undersigned bidder hereby represents as 'follows: 1. That no Ccuncilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid he.reunder; 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. Accompanying this proposal is __ (Cash, C e rTTFi c d "c h e c l^~TkmdT o r Cas h i e r'" s~Ch ec k ] in an nr.iount of not less than ten percent (10%) of the total bid price. Page 8 The undersigned Is aware of the provisions of Section 3700 of the Labor Cede 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 vmdersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative, to" the general pre- vailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. Phone Number 10-1-S2. :). SPIKES Bidder's Name /AjL^ Date 'Authorised Signature Authorized Signature Bidder's Address Type of Organization (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and nones of all- partners, if a partnership: (NOTARIAL ACKHOWLEDGEMENT OF EXECUTION ny ALT. PRINCIPALS MUST ISE ATTACHED) (CORPORATE SEAL) STATE OF Calif ami a County of San Hipgn On this • (O )ss: ) Judy E. Harcum -day of OO.-T-J9.XA.before me _ a Notary Public in and for the said County of San Diggo State of Cal 1 form'a , residing therein, duly commissioned '. sworn, personally appeared L.( >.MU .L.lM ijCl.i-^>(' L-t known to me to be the Attorney-in-Fact of the Balboa ^n^r^ai^&n^^^^h^cp.rfiO^ti'Qn^ttifit executed the within instrument, and acknowledged to me that he sU^sqnbedrthf name 6/W*l_.iiMiboa insurance Company thereto and his own name as Attorney-in-Fact. "•'• JUDYE. HARCUM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY », II ~J^V Commission Expires Sept. 23. 1983 j Notary Publi^jin and for the County of San Diego State of California COITRALFEDERALSAVINGS i^T INDIVIDUAL ACKNOWLEDGEMENT utcuI uJ0. STATE OF CALIFORNIA )COUNTY OF sanDigqo j-ss^ \O-1-8Z before me, the undersigned, a Notary Public in and for saidOn _ County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that _]_}£, executed the same. (j Signature Name (Typed or Printed) BA 270 (7/82) FOR NOTARY SEAL OR STAMP A Q&- Pace 9 BIDDER'S BOND TO ACCOM? ANY PROPOSAL KHOW ALL PERSONS BY THESE PRESENTS: Principal, aad Y . __ ,. 1 b 0 <X . J . ftS ( I P.. A Mdf . (I Cr(vpq h Li , .as ^ Surety, are held and firmly bound unto Che City qf Carlsbad} California, in the sum oE^yj^iW; Thfti-^&ftrt boiJa.r^H- iUfe//&0 S-itS"^' __ Dollars ($ f~T. 000. OO _ )» lawful money of the united States for the pay- ment of which sum well and truly to be nade, 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: . DOWNTOWN PARKING IMPROVEMENT - CONTRACT NO. 1122 "' 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 vlthin twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said if* eward, th^n this obligation shall become null and void; otherwise, it •shall ba and remain in full force and effect, and the amount . specified herein shall be forfeited to the said City. In the ev>;nt 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 e r o^- Corporate _ " Seal (if Corporation) Ql. ...S&l k.e.gy MOlfc>Or\£. Principal ^ »x. Title Ju^uf (M ... fi A--V^>e( I^ U - I f\ ~ (Attach nckni'vjl«d^.iiment of Attorney in Fact) ^ / ) , , . " -^ e ^> p i k cu?. 0 to n y /SL.U • ^~ (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) Jf"'J(f"** * ^ r~~l (* 3 '• ••."** r*-'^^«H'"•'-"'•-i-::'- 'J- ''—-• -^S a NO7AMY PU3LIC — C/vLir-OfiNIA S BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GPA.4268 GENERAL POWER OF ATTOffWEY POWER OF ATTORNEY VALID ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint. CATHY M. BATSELL nf San Diego .and State of_California . its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. CONTRACT BONDS (S.B.A. Guarantee Agreement) - Maximum Penalty $350.000.00 OTHER CONTRACT BONDS - Maximum Penalty $250,000.00 ALL OTHER BONDS - Maximum Penalty $50,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1982" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attomey-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof,,Balboa Insurance Company has caused these presents to be signed by its. Executive Vice President to be hereto affixed this 3rd _day of State of California County of Orange On this Jack M. Trapp before me personally came that he resides in. , to me known, who, being by me duly sworn, did depose and say, Mission Vie jo f California , that he is Executive .Visa-President „ of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. OfFICIAl SEAL T. C. MAKISHI NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission E>piies Sept. 23. 1983 i Notary Public I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true arid correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." / tkGIVEN urfder by hand and the seal of said .Company, at Newport Beach, California, this 10 DOT , 19 b A THIS POWER OF ATTORNEY EFFECTIVE ONLY / fx1^ o/ I//PCTIF ATTACHED TO BOND NO. LUO - L'fcH/6-^ , day of 1'age 10, DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she hay 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 ;nay be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following infor- mation is required for each subcontractor. Additional pages can be 'attached, if required: •. . . • • * Full - Complete • Items of Company Address ^h'one No. Work Name ' " w/Zip Code • w/Area Code ftJJ.jJ)jMJ Y^a/I/k^) C^Afa, I -1, i yf/W^ S^SL^-Cf.^'M$f* ft *" h U I f B I ECTfit c --C o . 5 3£6~ S u 10 Page 11 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 pages can be attached if required. Full Company Name Q 1., *,<> Type of State Contracting License & No. *>< e.e*r&A L rt 3 Carlsbad Amount Business . of License No.* Bid ($ or %) . *J,icensss are renewable annually by January 1st. If no valid license indicate "NG^F/'. Valid license must be obtained prior to submission of signed contracts. (Notarize or Corporate: Seal) E~my \.-.~,.'.\i ^"'C",.fY r] Bidder's Company Name Bidder's Complete Address Authorized U i.''iioLuc(i 12 BIDDER1S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. V ' • ' . • • . (Notarise or . Corporate SP.• f 7 '•(•f«f-r-r«': i- t':;ir.S GABE SPIKES FINANCIAL STATEMENTS PREPARED BYFEDERAL & STATE TAX RECORD SYSTEMS 7953 CAMINO TRANQUILO SAN DIEGO, CAL. 92122 GABE SPIKES STATEMENT OP FINANCIAL CONDITION AS OF DECEMBER 31, 1981 ASSETS CURRENT ASSETS . ? „ CASH IN BANKS 2,600 LIFE INSURANCE CASH SUR. VAL. 1,300 LIFE INSURANCE PAID UP VALUE 2, OOP TOTAL CURRENT ASSETS 5,900 FIXED ASSETS 1978 CADILLAC AT COST 13,500 VACANT LOTS AT MKT. VALUE 20 ,OOO PERS. RESIDENCE AT MKT. VALUE 36,000 FURNITURE 10,000 TOTAL FIXED ASSETS . . 79,500 "W TOTAL ASSETS OTHER ASSETS NET WORTH G. SPIKES MASONRY & CENENF CONTRACTOR 54,579 TOTAL ASSETS 139,979 LIABILITIES & NET WORTH LIABILITIES CONTRACT PAYABLE PERS. RES. ' 1,500 NET WORTH j.38,479 TOTAL LIABILITIES & NET WORTH s 139,.979 BALANCE SHEET AS OF DECEMBER 31, 1981 ASSETS ^ CURRENT ASSETS CASH IN BANK OPERATIONS 8,500 CASH IN BANK TAX RESERVE 2,500 ACCOUNTS RECEIVABLE 19,000 TOTAL CURRENT ASSETS 30,000 FIXED ASSETS FURNITURE & EQUIPMENT . 51,040 LESS DEPRECIATION 24,000 TOTAL FIXED ASSETS 27,040 TOTAL ASSETS - - 57,040 LIABILITIES & NET WORTH t CURRENT LIABILITIES ACCOUNTS PAYABLE 1,200 TAXES PAYABLE 1,061 TOTAL CURRENT LIABILITIES 2,261 OTHER LIABILITIES CONTRACTS PAYABLE - TOTAL LIABILITIES NET WORTH 54.579 TOTAL LIABILITIES & NET WORTH 57,040 G. SPIKES o r-i?-n7Mr , i \\\ rv> Ar- r V,,,, INCOME LESS COST OF GOODS SOLD GROSS PROFIT OTHER EXPENSES LABOR 33.489 TELEPHOf<JE . *193 INTEREST 1,069 POSTAGE, PRINTING 71 INSURANCE 5,644 SERVICE FEES ' 71 ADVERTISING 15 REPAIRS 271 TAXES 1,145 LICENSES 479 SOCIAL SECURITY 2,644 MISCELLANEOUS 295 VEHICLE EXPENSE 11,295 SUPPLIES 828 FRINGE BENEFITS 11,301 DUES, SUBSCRIPTIONS ' 997 EQUIPMEN T'R E NTA L 2,713 TOTAL EXPENSES NET PROFIT G. SPIKES s rrMRMT rnMTKVvr %«.„Page 13 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE V,,, 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 Contract Completed Name and address of the Employer Name and Phone No. of Person to Contact Type of Work Amount of Contract £ 1£JL CATHY M. BATSELL " -:! NOTARY PUaiiC-CALIFORNIA , F,.b. 24. 19R5 Z. / Page 14 CONTRACT - PUBLIC WORKS This agreement is made this ^T"* day of *>T'/f iJ t , 19^3 > and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and &-, £,f>) whose principal place of business is ^. Q . ./? OX) v ^ T" y? , (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the contract documents for: Downtown Parking Lot Improvement, Contract No. 1122 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; 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. Payment. As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph) . M SL. In the total amount of H"^ y C7/ v to be made in a lump sum not later than 35 days from the date of the filing of the notice of completion, b. In the total amount of _ to be made in periodic payments as shown on the payment schedule attached hereto and made a part hereof. c. On a unit price basis of _ per unit to be made as shown on the payment schedule attached hereto and made a part hereof. Page 15 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 unanticipted 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 conditons are as thus indicated. Contractor is satisfied will 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 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 signed by the City Manager nor shall any change or extra work order of more than $10,000.00 be effective unless approved by the City Council. 8. Prevailing Wage. 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. Page 16 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers arid 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. 10. Insurance. Contractor 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 cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, Contractor shall either: a. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or b. Shall 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 which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 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. Page 17 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 shrill n.otify the City by certified mail of any change o-f address of such records. 15. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. Contractor (Seal) (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) By MICHAEL N. MEYERS NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Apr. 27,1M4 Assistant Cr CITY OF CARLSBAD, CALIFORNIA City Manager, for contracts less than $10,000 / v^-0-^^i U . {—0 Mayor , toy contracts $10,000 and above ATTEST: City Clerk /< Page 1^- jCo'.i tractors Cert 5 £ic<',t ion of Awareness of.Worker?; CompensEition "icsponsibility. • • • "1 nrn aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, o.nd I will comply with such provisions be for?, commencing the performance of the work of this contract.," "Co'ntrcict'i: Page 18 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ^Q^ _ adopted has awarded to _ awarded to fi . f>>; kf*> 17)*1 /?v/ , hereinafter designated as the "Principal", contract for: . DOWNTOWN PARKING LOT IMPRVEMENT - CONTRACT NO. 1122 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terras thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its' subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: Q. .Sp'iKeS r Desinated NOW, THEREFORE, WE as PrincloaL^ hereinafter esignated as Contractor andincloaL^ hereinafter esignated BALBDA INSURAff CE COMPANY_ as Surety, are held firmly bound unto the City of Carlsbad in the sum of •¥• Tqjen'fr- rOU-P" ($ said su-n bein^* fifty per cent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment wall and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/ her subcontractors fail to pay for any materials, provisions, pro- vender 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 tho. sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. Page 19 This bond shall inure to the benefit of any and all persons, com- panies 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 VJHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the / (^h day of QpQ.(?/)1 h@j2^>" ujL (Notarize or Corporate Seal for each Signer) Contractor i BALBOA INSURANCE COMPANY Surety CATHY M. BATSEU, STATE OF_Califarnia County of San Diego On this County of San Diego ) ss: ) Judy E. Harcum jday of J9..fta.before me _ a Notary Public in and for the said . State of California residing therein, duly commissioned and sworn, personaKy appeared Cathy M. Batsell known to me to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as A ttorney-in-Fact. ^.^,.^.'-:~^~-^'f£--\K-A't3% f— ,, / "OFFICIAL SE.AL ; ^--VL/ /~u/ /, ^ ^dCU\ JUDY E.HARCUM ' ^XHOU*-*. ^^ 1LO> NoMyPubli San Diego and for the County of _ State of_California . Page 20 HUD REQUIREMENTS ' Page 21 •ITEMS TO BE'COVERED DURING PRE-CO.NSTRUCT10M CONFERENCE AND CONSTRUCTION ACTIVITIES ..These instructions outline the Federal Government's requirements ' for compliance during the construction of the approved projects. One copy of these instructions should be given to your architect/engineer, and each prime contractor. (Refer to HUD Handbook 6500.3, Exhibit 1} -l --. • . • •' • • -:. \..;..,, ' . •' •• • ,7. Insurance Requirements: The General Conditions to the construction contract must provide that the contractor shall not \ - commence work" under tlte contract until he has obtained a!! of the required insurance. Therefore, the recipient should have the contractor furnish certificates of insurance in-the? ^ 2, Contractor Payrolls. Each prime contractor'ahd'subcontractor^ is required to retain weekly payroll recorcfs'forfa period of three years;from the date of completion."of the.contract. Each contractor and sub-contractor Is also required to furnish . - f- w " two copies of each weekly payroll to the recipient. ? • j*• '- • , i * - '••••-••*,•'*-•-''•.--;' .. .._. ^^ .*, .-,"-•.•-.".' ''*7 «lV - ------ ..».-..-.,.• •- - ••-..,.:..--. ^ £ '" ' (a) The recipient will be responsible fo£ the collection,, ' . " .... -jdhsckihcf and safekeeping of all'payrolls. HUD is to be" ' . advised of a!! possible wage violations. Recipients ... •" are to retain all payrolls foqa period of three years " ' " " .:foH owing "project completion".! !; •* (b) The •recipient is responsible for conducting employee! • ' interviews JRefer G500.3, Itern 13 and 14). ?'- Equal Employment Opportunity. The recipient shall fully cooperate , •' . with this Depsr'.menfsnd the Department of Labor in obtaining compliance of contractors and s'ub-ccrstractors with the equal . . opportunity provisions as. required by Executive Order 112^6. • ' " as amended. • . Page 22 7 .-••••-•• v • • •. . **- Subcontractorsj (a) Each subcontract must include [where applicable) the . . '• appropriate U. S. Department'of Labor Imposed Plan for . . ' , .'. Affirmative Action Programs. • /. •'' (b) The recipient shall receive from each prime contractor -''"•:: • . '.--.- a listing of his subcontractors together with'a completed .•'. . -'affirmative action program frcrn each subcontractor \vhere . • •' /•• \applicable. Prime contractors shall not permit a sub- " " : -.' / contractor to start work on the project until the sub- '... . • •" contractor is cleared by HUD. " " .. •'.' .••• ."•" " 5. • Construction Progress] ' • "• .'.'' ' _--, . i . - -^- —i , . _ ••-.'- The recipient should require from his consu!ta-nt the folloxving: A monthly progress report^o include as a minimum, the foIJosving information: . - . " _ . . ' . • • • • .'''.'' . -; -. (a) Project Number; . * * ' . . • * *** •_" . (b) Project Location; . * . . '. * " * (c) Project. Description; . " •-"'•'.- . • ' .•-..-• • / (d) Date of Inspection; • . ' ... m (e) Estimated percentage of construction completed by prime contract . • as against percentage of contract time which has elapsed; . {f} Estimated percentage of total construction completion as against • . percentage of total construction time which has elapsed; . (g). Listing of contract change orders which have been approved cr ' ciro pending, since lime of last, inspection, listing contract number clumge order number, date bfapproval, brief description of change and contract cost change; i ti y v. ^.o 8 ' "'•.••' . • . • Page 23 . . (h) General description of over-all construction progress giving - • • x\ -details as to'any factors or .problems contributing to construction '-. • delay or failure to meet construction schedule; ' . . .- . (i) Brief description of construction work being performed at time of. . , inspection; .. ' • . ' '.• '. Con t ra ct C h a no es. Contract change, order^wii! be requlredfj .\.toaltcr executed construction contracts. Change orders shall be prepared by the Consultant on his own form with applicable . supporting data attached, for all changes in the contract ' drav/ings and specifications and shall further delineate ' . '• eligible and ineligible construction items. The change order shall be signed by the Contractor, Consultant and Recipient. •. ' * • " Substantial Coninletion. 'Substantial completion is defined as . that stage of construction \yhich a^^Ilo^vs^tr^e-recipient'to occupy. or iise'the project for its intended purpose'. Substantial " completion date is determined by the recipient in cooperation with the contractor and establishes the termination of the time period for construction, and this date is used as a basis for ' ' determining whether liquidated damages are assessible. . . ' fi » .-:•__ ,.....». ^. •When] construction of the project is substantially complete? • the recipient! should conduct'an ?nspection]of the total.project. 'This inspection is to ascertain completion by the contractor of the physical aspects of the project called for in the construction • contract.' Should there be aspects of the project that are not •at this time completed as called for in'the" contract, the recipient should record same (punch list] and bring them to the attention of the contractor advising him of the need to complete the items before the project v/il! be accepted by the recipient. "-. .-.'•' i-',(]) Whether all discrepancies noted in the last Inspection report . .-.:' ' ^ . , : have'been corrected, and, if not, explanation as to why they •" . '. | -: have not been corrected. ' • . " '• ..-. |•-.••• - -. • . • •".*.-• •.•".• '.'/.-:! Page 24 • Should, it bo necessary for tho contractor to complete or correct \vork called for in the contract, he should do so and notify *'-. .the recipient of his compliance by completion of the work. Finsj In specti onj Final inspection refers to the joint formal inspection of the completed project by representatives of the recipient., his Consultant and the contractor. At this time, • - the recipient should be prepared ito document completion of x .'„ ' the project. •• .' . ' • . . . . •_ . -- Attachments tr* - .-.A Page 25 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 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 mi nor My 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. ls 1979 until Mar. 31, 1980 .... 5.1 From Apr. 1» 1980 until Mar..31, 1981 6.9 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 regulation-: 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)s and its effort's" 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. Page 26 to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 4'l CFR Part 60-4. Compliance vrith the golas vrill be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicita- tion, the "covered area" is State of California, County of San Diego. ' • Page 27 . • STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT ' : SPECIFICATIONS (EXECUTIVE ORDER 11246) . * 1. As used in these specifications: a. "Covered area" means the geographical area described in the solici- tation from 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 Dumber 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). . • . i ... 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 28 and female participation and which is set forth in the solicitations from which this contract resulted. . . ... .3. If the Contractor is participating (pursuant to 41 CFR 60-4.5} in a Home- town Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (inluding goals and timetables) shall be in accor- dance with that Plan for those trades which have unions participating in the * • — . . Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each 'trade in which it has em- .. ployees. The overall good faith performance by other Contractors-or Subcontract- ors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4, The Contractor shall implement the specific-affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set • forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Con- tractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agree- ment, to refer eithnr minorities or women shall excuse the Contractor's '••••• ' Page 29 obligations under these specifications, Executive Order 11246, or the regula- tions promulgated pursuant thereto. 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 pppor- . 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 e.ach 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 comnunity organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organiza- 30 tions responses. x •c. Maintain a current file of the names, addresses and telephone numbers . . . • of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of "what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Con- tractor, or when the Contractor has other information that the union referral ^ .- process has impeded the • Contractor's efforts to meet its obligations. ^Star *e. Develop on-the-job training opportunities and/or participate in . training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or" approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. : f. Disseminate the Contractor's EEO policy by,providing notice of the ' ' policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of ths policy with all management personnel and with all minority and female employees at ***** least once a year; and by posting the company EEO policy on bulletin boards Page 31 'accessible to all employees at each location where construction work is perfor-.ed. 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 eniploy^ent • decisions including specific review of these items with onsite supervisory personnel such as Superintendents;, General Foremen, etc., prior to the initi- c — • 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 recruitment 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 i» 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, surnrner and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce.' Page 32 k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. 'Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and en- courage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assign- ments and other personnel practices, do not have a discriminatory effect by t -. . . continually monitoring all personnel and'employment related activities to ensure that the EEO policy and the Contractor's obligations under these speci- fications are being carried out. n.' Ensure that all facilities arid company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities, shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of'all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. • .' 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative .action obligations • ' • • :*:-;'H^L(7a through-7p). The efforts of a contractor ?,-,•-':'*'T ^ioint contractor- • .-%:*flunion, contractor-community, or other similar groL ,..:• Ay&lth-the contractor is a member and participant, may be asserted as fulfil/ing any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure Page 33 that the .group has a positive impact on the employment of minorities and wo;;:en . .^iawati, "****" in the industry, ensures that the1 concrete benefits of the program are reflect- ed in the Contractor's minority and female v;orkforce 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 noncompllance. 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 W ' •group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor nisy 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 oat such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including sus- t$^" pension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its Page 34 Implementing regulations, by .the Office of Federal Contract Compliance Pro- grams. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. • • • 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to * ' achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceeci in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to- monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at -least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations a.t which the work was performed. Records shall.be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the appli- . cation of requirements for the hiring of .local or other area residents (e.g., "..'•. .' • Page 35 those under the Public Works 'Employment Act of 1977 and the Co-unity Devel- opment Block Grant Program). , • Page 36 FEDERAL MINIMUM WAGES Attention is directed to these special provisions .and Decision No. CA81-5143 of the Secretary of Labor, included herein. DECISION STATSt California CQ'JKTri S*n Dlecja 5DCJSIOII NINCEfli CA81-5K3 DATEt Oste o£ Publication upers«dss Dsoislon Ho. CAS1-5118 <Uted K*y S, 1981, in *£ IS. 25804 JESCRIPTIOH OP W3RKJ Building Projects (including Rasid«ntt*l Projects consisting of sir.Qle in&iiy heaae irni tpsrcr-snts af>to *nd Including < etocvssj , Itntvy ind iiiijtiwiy Pcojacts *nd StOneKJisons and C^rpwntetaPtlactirvs-e ightsi Pnausatic Uaicluccwi Floor laysca Cecsnc Masons.Color Work» Conpo Haitlc tr K;ioxyr H«chin«i CurDIVERS i Divera Stand-by Olvcsa Electricians; T HELPERS ELEVATOR (i>coo.) IRONWORKERS I Pence tctctorsKcinCorciric; Ocnnn«nt*li Structural.1RFUCATION And LAWH LATUER3 t.tl< •H^^f £•(»« h5- s n.59 U.9S- Prt*^9 6r««f)t» ^«rn«^>i» Hfc * ee Mod. • I.JO .&7 Fet4U««»V<«t.ll»J No. 3 1.75 2. 57 • l.co E^>c*riKI •«<!/»< A«». ff. .14 — See Mod. No. 2 12.75 13. OS 1.15 1.15 2.05 2. OS 2.50 2.50 .07 .07 — See Hod. No. 2 18. 0 1S.SS 7oun SOtJRu.'ea 1.031.08 Sec Mod 1.153 . i.10 T- See Kod. 13.52 t lot >ec Mod. 3t+2.34 J(s*2.(M . No. 1 .35 l.«S No. 3 1(« No. 2 * il» .13 .13 .035 It n0)_o "o•z. 03O) O "Z. CO<J o*g tu Kej;ister / Vol. 40. No. K'rj / Friday. Am-iM 21. I'JlH / 110. CA3I-5H3 PJ3« I LtKC CONSTRUCTION I . Cr Oun Jra*rt Splicers,-..>,Rst.E SETTERS FMf'TERS: Oruih, Paint Scuih iSvlns Stage), Spray ^*; , Spray (swing SjnJbluter (swing Zro.-., steel and bridge pjinteca (swlnq stage) | Icon, steel «iiJ bridge pointer, Spisy (swing 5 t J JC) S;r is i i s t ;r i Iron, stetl jnJ t c 1 d •,' « p * 1 r. tec (i;cound«or V.) ; Icon, stuel <nd ^llJ.je piincers, Sptaj 1 ^ruunj-ocx) ; Hirers, c 1 i n. b i n 9 ittcl; Ccush, cli^bir.<3 S'.eel and btij.je; Si'tjy, cli.-.Dln^ sttel j r. d t> t I J -j e St ts^lej jc!; PARSING LOT WGHX AnJ/Ot e Jppl Ic j toe step ~c tt ' (c so * sr.Jblditec S '. t 1 f e r 5!_US?Y SEAL OFL'RATtOHf «1 t« t Cpcratoc Squeeze MJn Applloj'.oc Operator Shuttltajn Top Mi.T B...C . X.-lf !!«i*k fU.21 17.15 JJ.45 H.27 15.35li.51 15.74 k i 11.22 n.22 10.63 10.339. £4 2.S4 9.6< 8.10 17. -i!. tt t * .83 .33 .361-03 1.231.23 1.23 See to See Mo See HJ '.90 .40' .90 .90 • .96 .56 .90.90 .65 ?,.-.. !... 3»f2.0« jt»J.C4:v.2.Cri 1.79 :.<i 1.41 1.43 a. NO. 2 d. No. d. No. .55 .55 .55 .55 .55 .55 .55.55 2.53 tl* f«.-*««1 1.2-1 .75 .75 .75 I I b b b b b b bb. t C^.ttlll* *ffl. I<. .13 .13 .13 .12 .07 .07 .07 .12 DECISION WO. CA81-5HJ ftgt J > . ' ) PLASTERERS' TENDERS PLUMBERS; Pipefitters; Steaaf i ttcra? his Con- dition, Rc-CicgsiT&tlcn ROOFERS SIICE7 METAI. WORKERS ^ 0 ^ 'T ? " 1-^O *s t_A Y E I" S 5P3INKLE3 FITTERS 71LZ SETTERS TILE anJ MARBLE FIKISHERS 9?**< H.-l, ;13.SS r...,. !...«.„ f.r M & S .87 • See 'Mod 1 1 . 2 5 IS. 24 H.2S 22.03 1.02 1.20 .S3 .35 r i ' 32.57 . No. 3 I.JO 3. 75 1.70 1.45 51.00 l.as" £«'•(«!•** *„.. T.. .0< .15 .OSSec fed. flo. 1See Hod. Ho. I 11.59 j 1.00 1.00 j 1.00 ..30 aiGGSaSi WELDERS - Roc»;i«9 rat« preset ibcd £or crsft per£ornlng oparjtioti to which fishing os wtlding is incidental. FOOTNOTES; 5, Espioyct conttlbutRS 0^ o{ b^slc hourly cat« for 5 yc«rs* service ?nd ^Sl o£ fca^ic houcly r.Tt* "or 6 r.ontha to 5 yceri* sccvlca as Vacation Piy Cccdlt. 6 faicS -Holiday*! A' th,cough F. b. £aplo-/er contributes J.34 per iiouc to Holiday fond plus 5.24 per hour to Vacation Fund foe the tint ytac of employment, 'I year but Itss than 5 ycjcs 5.<S P<r hour to Vacation, 5 ' yenrs but lass thnn 10 yoir* ?.SD p«r bouc to Vacation 1'und, over 10 yoita J.80 pec hour to Vacation fund. PMD DOLTOftYSt A-New Veit's Djy( E-Msoorlal Diiyi C- Independence Dayj E-Thaniiagiving Day; k'-Chr Ic tsua Ojy. Group I Croup 3 Creep 3 512. 6Q 12.90 11.10 .07 .87 .67 1 5J.2S 2.2S 2.2S . . Sl.oo 1.00 I. CO .13 .13 .13 -oQJ CD U)-4. Vo1' ';r>- No- ir'2 /August 21. inn? / Notices CEC1SIOS MO. CA31-51O Page 4 I.ADORESS Croup 1: Laborer (general ccnstructlon)? Asphalt Ircner - Spreader; Earing Machine Tender; Caulker; Cesspool Digger and ' ar.i Initallcr; Chuck tender (except tunnels); Concrete Curoc (Tr-perviojs Membrane arvl Form Oiler); Concrete Water curing, C'-'ttirg Torch Operator (demolition); Driller's Tender. (Cais- son/ ir.cludinq Ecllowers, Dri Pak-it Machine, Concrete Cutting Torch, 2ry packing of concrete, plugging, filling of Shee Bolt iioler. Fine Grader on highways, streets and airport paving (sewer fn- drainage lines •..-!.IM c-ploycc); Form Blower; Gas and Oil Pipeline Laborer; Guint-.i Chaser; Jet Man; Landscape Gardener £"-d Nursery Kan; Laser Beam in connection with Laborers work; Packing Fed Steel and I-ans; Pipclayer's Backup Kan (coating, crcut ir.c, raking of Joints, sealing, caulking, diapering and ir.rlvding Rubber Gasket Joints and pointing); Pailrcad work Laborer; Rigging ar.d Signaling, Riprap Stcncpovcr; Sandblastcr (Tot Tender); Sealer, Ceptic Tank bigger and Installer; Tank Sealer a-d Cleaner,'Tool Shed Checker; Window Cleaner; Rebound >'in (gunite industry); Kousemcver Gro.p 2:, Ar.phalt r.aker; 2'jcgynobile Man; Coraent Durrper (on 1 yard cr larger mixers ar.d handling bulk cement); Concrete Saw y.jn (c~cluJ;r.g tractor type, Hoto-r,craper, Chipping Hammer, Con- . Crete Core Cutter and Concrete Grinder and Sander}; Cri'obor - 3>cre.r, La^gir.g'and irench Bracing, Hand-guided Lagging Hammerj ' Driller - A'11'pov-r Drills, "tncl'iding Jackhar.-er, whether Core, V-'agon, Track. Kjltiplo '-'nit, and all types of Mechanical thoct regard to the form c£ motive power; Driller (all :? drilling 1: for use of explosives); Gas and Oil Pipa- r.er (Pot Tcr.-Jc-r and Fern Man) ; Cas and Oil Pipeline C inch pipe and over); Operator and Tenders ot pr.eu- 3 and electric teal?.; Concrete Pur-.ps; vibrating Ma- ulti-plate In pact Wrench and similar mechanical tools- atr-ly classified herein; Pipelayer (pcrforninu sll see- the lay ir.g-and installation o£ pipe fror? the point of r,ipe until co-plot inn of the operation, including any orr.'s of tubultr material, whether Pipe, Metallic'or lie. Conduit and any other stationary type of tubular cd for the convoying of subr.tar.ce or element, vhcther wage, solid, g.is, air or other products what-so-evcr •:t r'.-gard to the nature of material from which the aterial is fabricated; rowdcrman; Blasters' Tenders; atcd y.anhole Jr.stallct; Pock Slinger; Sandblastec and t'.-r !!:cstleiTsn) ; Sealer (using Cos'n Ch.ifr, Safety !3clt) f • i'-tl.oirf: !'.:!'i Iti-'- Clirbor, '..'!.lng mtv:liiin i c.l I t"ol-lf n conrcctic.n v-ith Laborer's vock; C«n 1-Un (gunlto industry) 'Crcup 3: Fct-.cc Erector; l.'o:ileman and Hod Kan (gunitc industry) DECISION t-'O. CA81-5143 Page 5 LABORERS: Group 1 Group 2 Group 3 Baiie $13.10 12.90 13.35 • H & V . 87 .87 .87 52.57 2,57 2.57 itt Parmtn SI. 00 1.00 1.00 \ Appr. T,. .13 .13.1J Group li Blasters* Drillers; Povdermerif Cherry Plckorrnan; Grout Gunmen? Kempcr and other pneumatic- Concrete Placer. Operator Kincfs In short dry tunnels under streets, highways and similar • places; Minors - tunnel, (hand or machine); Powdernan (tunnel . vork) ; Steel Form 5<aicers and Setters; Timberrr.en; notinberir.en - wood or steel -. , Croup S: Dull Gang Muckers (Trackman); Chuck tender; Cabletendett Concrete Crow (incluiJcs Roc'.ders and Spreaders); Durrpr:en; .Grout Crew; Tender for Steel Form Raisers end.Setters; Muckers - Tun- nel (hand or machine); Mipoor; Swarrper (Break.Tun and Switchman) on tunnel work; Vibra tcr-.eri; Jackhanmer r Pnoucjtic tools (except Driller); Hutli-plato Impact Wrench Group 3: Powdermcn - Primer House (Licensed on tunnel work)j Sha-ft and Raise Miner; Shifters; Blasters (llccnccJ) all work oC loading holes, placing and blasting all powder and explosives of whatever type regardless of method used tor such loading nad placing Q)to WCO Fi:(ii:fi(! R..:i;i>lur / Vul. -;b. i\'o. 1J«2 / Friday. August 2J. lOUl / Notices I'J.J» * KQ. CA81-SHJ Pago 6 POWCR t Crcup 1 Gcoup 2 Group } G:oup « Gcoup S Croup 6 Crou[> 7 Ctovi> 8 Ctoup 9 SNT OS'CRATCRSi M i. «.. tl. See Mod. No. 2 OtClSOU liJ. CASI-1HJ Croup 1: Drckemanj Cosipr«scor O(icritor> engineer Oileri Genocator; Pun|i| Slgnjlajiii Kwitchajnj Oltchultch; £lc- Vi'.to: OpctJitoc (innl<.'.c); i'ocklift (ur.cUc 5 tons) i Ccouf> 2i Concrete Hlxec {skip type); Conveyor; 5'lCL'OJni Hy<Sro~ staSto PUPOJ PSiirc Operatorj Qenccjitor, Punp or Ccnptcs'-sor j PoSacy DrSXi TonJec (oil ! ielO) < SkipiodiJer - wheel type up to I/? yd. .without attachments* Soils Fluid Techn Iclin; Tar Pot rlrcsuni Tuapacary Hojtino Plnnt.; Tcenchlng (Uchlne Oiler; Concrete PUSQ Olle: (truck ucunteJi Croup jt Ford Ferguson (with dcagtypo jittachnenta) ; liell- copLet rudloajn (ground); Power Concrete Curing Machine; Power driven Jucbo Foria Setter; Stationary Pipe Wrapping aiu! Cleaning Machina; Cradill Olisr; Sur90 Tank «nJ Height (Hot riant); 7ritncbec Ollor (toundat Ions) ; "ruck Group 4i Asphalt Plant Flreraan} Uorlng Machine; Chip Spreading Machine; Concrete FU.TSO Oporaioir; Oinkoy Loco- Eotlva or Hotorcan (10 ton); ll'.-l icc.pt sr Hoist; Utq'iltna Ciblcivay Sl^naisar.; Power Swseper; Tcs.-ichlng Mj<;hlno (up .to 6 ft.); Concroco Punp Cyerctor, truck counted; ttoJiajn. end Chilr.sanj Uoliccptor f-.ajloican Crovp 5i A-Cro.ie K'nch Truck Operator; Asplialt Vlafit or Concroto Catch Plant Opccjtor ("hera coaiiorclal pci'er If not used, no leas thjn one Generator Opjcaior la toquiroJ); Asplult Spreading lljchir.-j Operator (jprcaJer Bar anj alailar); Dlt Sharpener; lio^uan or Klx«rman (jsptialt or concrete); Con- crota Joint Machlna Operator (canal and slntlar type); Con- ctelo Planer Oj-otatoc; DccrlcKiaan (olKlslJ type); Orllilng Mnchlns Operator (IncluJir.Q water walls); Equipisent Greaser (r'.oblle sniS Grease !!jckj; yorklift Operator (over 5 ton capa- city); l!ydro-hjm,i;<ir - Aero Sio:uperj llydro^r^pl. Ic See^-^r Ma- . chine Operator (straw, pulp, or soeJ) j Machine Tool Operator; Hb.jlnnla Internal Full Slab Vibrator; Hechanlcal Finisher Ope- rator {Concretc-Clary-Johnson-Dldwell or siallar); Pavement Breaker Operator (truck counted, oiler required); fioaJ Oil Ki.iln-j Machine Cparator; Fiollc-r Operator; r.033 Carrier Ope- rator (jcbsite); Self-propelled Tor Pipelining Machine Opa- 'rator; Shlplo;;der Operator (wheel or trtcX type over 3/4 yJ. up to and including l'i ydj.f; Sr.lpioaaer - Ford Ferguson up to 3/t yd. ulth drag itt-ichaiontsj Slip ?ota ?urep Operator (pover driven hyurauiJc lifting Jevlca tor concrete forma) ; Screed Operator} Stinger Crcnu (A--st in-Wcatern or slrcllar type); TravoXtng Pips trapping. Cleaning and tending Ha- ctiSne OpcrAtorj Tsuct type" toadcr; Tu^gcc Uolat (1 J:un) 0! W Rns;i:;t»:r / Vol. -1(5. No. 102 / Frid.iv. Ai:;.:nr;t 21. 1001 / Notices DC::SIO;; :;o. t-O'.IEK EC'UITMENT . Ot'CKATORS Page 8 (Cont'd) Csi'-jp 6: Asphalt or Concrete Plant Engineer; Asphalt or Concrete rereading Cr-erjtor (t.i;-ping or finishing); Asphalt Paving Machine C:j'.rol<.'r (Uirt/or Grc-.-.i or sinilar type); Automatic Curb Machine; £;<.-! I Sflictt-cc Vulcur.izor; Ct!L Lina Road. Factor; Wogner Pact.or or similar Operator: I'c idgo Crane Operator; Bridge type Unloadcr drc! T.rr.tut- lo Cpcr.itor; Car t- in-place Laying Machine; Combination K:x'r J'id Compressor Cprrator (Cunitc work); Concrete Mixer; Ccn- cr«.-tf V.ixt.r Operator - paving (Oiler require;!!; Crane Operator (up to ar.J i-.clcilin.i 25 ten cjpjci ty) (Oiler required) (Long Deem !'ay or:-1! i -atle) ; Crushing Plant Operator .(Oiler recu i red) (where com- r.ctcijl rower is not ccvrt, no less than one Generator Operator is ro'ijjredi ; Ccck E-..jir.e Operator; CrilJ. Doctor; -Elevating Grade Ope- rator; Orjrrj'.l Operator (Oiler required); Grade Checker; Grouting Hsrnir.c Cpcntcr; Cuiru F.j i 1 Fcsr. Driver Operator; iloavy Duty Pe- • rairr.jr.: l!cist Cpu-ratcr (single drurr. - tuck lioist - Chicago Boom c.~i iirilar tyre) ; -Hoist Operator (2 or 3 drum); Kolir.cn Belt Loader. £"•' ci.T-iJrir tyre (when two or r.ore are working tocothtt' an nddi- tir.r.il c-p'.cy^-o sl-.jll t(? re=uircj)m: LsTo-Tiipau Blob Compactor or si::iljr typv; L:it v.obile Operator (Cil'cr required); Lift Slab. Kachir.ff O;icrotcf (Vj.;-t.crg and si.T.llar types); Mr.tscial. Moist Cptraior !l drux) ; NJC'.. ing Machine Operator (1/M yd.) (Oiler rei^ir eii) tr'-L:ir-t ire:! , rail or .crack typo); P.ils Driver Ope- '• rater (Oil^r r cijui red; ; I'necrratic Concrete Placing Machine. Cp<-rjtor (Iljcv.lty-r:c_^-..-ell or similar typo); Pneumatic [loading Shield (t-jnnc-1); Fu-pcrtte Gun Operator; Polar Gantry Crane Ope- rator; ."ota.-y Drill Coeratcr (excluding Caiscon typo) (Oiler re- q'.:i:C'J); ".ct.t'or- 1 ired r.nrth Moving nquip.7io:rl Operator (single c.'-ina-- Caterpillar, L'.iclid, Athey Wagon - '.-later Pulls and sl- T.ilir <•'/'.'•- vlih any ar-J ill a ttochinen ts up to $0 cu. yds- struck)} fcuM'.cr- 1 ir'.-'J Scripur O;:c-ralct (self-loading paddls wheel type - Jo:.n Docrt 1C-! and similar single uni t) ;. S'r. Iplcadtr Operator (w!,'.--l cr track tyft, over 1 h yds. up to and including C>s yds.)» Stir.^er Crar.t (Aust in-;.'es tern-Pott ifcone or similar type) (over 5 • tons); Surface llc-atcrs ir.ri Manor Operator; Tractor Coriprensor Or i ! 1 C:>Tr.i-at uv-i 0;<-rjtor; Tractor J-.ecaloi (Soil Doitr, Tai.ipisfi i'ctjp..-r, inu' rush Troctot, si.njl* engine); Trenching Machine Ope-' ritor (ever 5 It. depth capjcity .- nt-nuf actur era rating) (Oiler req jirc-d) ; Tunnel Loco:; nt i ve Operjtor (10 to 30 tons); Universal tq-jip.'-c-nt Cr.'.-rator (Ciiovul. Bockhoo, Dragline, Clamshell, up to end inelu.iinj 1 cu. yd. M.K.C.) (Oiler, rtqaired) (Long Doom :Joy ipplicat.-le) ; v/'tldc-r (jericral) DECISION NO. CA31-5K3 _' • Ta-jo 9, POWER EQUIPI-5EMT OPEHATORS (Cont'd) Group 7: 'Automatic Lineau Tension Kaehlno (2 Operator rccjui red) ; Crane Operator (over 25 tons, up to ond including ICO Ion H.U.C.) (Long Boon Pay applicable) (Oiler required); Derrick Banjo Ope- rator (Oiler required, up to 100 tons) (ov<.-r 100 tens, Fir'.iran or Oiler required); Dual Drum Mixer (Oiler required)) lloict Operator (2 or 3 drum with boon at cocdtnc-ntj ; Moist Operator (Stiff Leg, Guy . Derrick or similar type up to 100 ton capacity) (Oiler required, Lcng Dc'O.Ti pay applicable); Loader Oporntor (Athoy, Euclid, Sierra or similar type); Monorail Locomotive Opuratcr (ciieci:!, gao, or • electric); Motor Patrol - Dlsdo Operator; Multiple tnTine Tractor Operator (Euclid ar.d sinilar type, except Quad 9 Cat); Fr L— a tressed Wrapping Machine Operator (2 Operators required); P.ubbor- 1 i red Earth Moving Equipment Operator (nultlple engine, Euclid, Caterpillar and sinilar type up to 30 cu. yds. struck); Tractcr Loader Opt-to tor (Crawler and wtyci type over S^ yds.); Trictor Operator (boc.i attachments) (over 40 ft. boon. Oiler required); Tower Crane Ope- rator (two Operators required.",' Tower Crane I'.epa i rirjn; Universal Equipment Operator (Hhovel, DcckhoR, Dragline, Clomsholl/ over 1 Hepairr:jn gxil 1 Equip- yd. K.R.C.); h'elder - Certified) Koldcr-K'.'avy Duty Co.'rbination; Woods Mixer Operator and other si.-riilar I'u rri c n t Group 3:. Auto Grader Operator (on? Grr.d: Checker and one additional employee required); Automatic Slip Form Operator (Grade Checker ar-.J one additional employee required); Crane Operator, (over 100 tons, / . two Operator: required, Long Door,! Pay applicable)! Mar.i Excavator Operator (two cr more Operators arid Oiler required, less th.in 7*0 cu. yds.); Mechanical Finishing Machine Operator; Maliilc Forr, Traveler Cporatocr Motor l'at-ol Operator (multi-engine); ripe Mobile llachlp.fj Operator (tw-.- Opr;?otora required) f Fiuliber- 1 (i crlEarth Moving Equipment Operator (multi-engine, Euclid, Caterpillar, end similar type over SO cu. yds. struck); Rubber-tired Scraper Ope- rator (pushing one another without Push Cat, Push Pull - 5.50 per hour additional to base rate); P-ubbcr-t ired Solf Loading Scraper Operator (paddle wheel - Augor type SclT Loading, I or more unit...;Polar Crane Operator; Tandura Equipment Operator (2 units only); Tar.- den Tractor Operator (Quad 9 or sirailac type); Tunnel Mole Dor in? Machine Operator Croup 9; Canal Liner or Trimmer Operators (not less than tour (4) employees required - Oiler, V.'clder - Mechanic and Grjdc Checker);' Helicopter Pilot; Highiine Cableway Operator; Remote Controlled Earth Moving Equipment Operator (no one Operator shall operate more than two pieces of earth (roving equipment at one time) (51.00 per hour additional to base rate); Wheel t'xcjvator Operator (ever 750 cu. yds. per hour, two Operators and cne Oiler and two Heavy Duty Repairmen required) 0ton> Hefuslcr / Vol. -1(3. ND. 102 / Friday. August 21, 1931 / Nolices DtCtSIOll KO. CA01-SU1. [ p 10 K3KLK SX'UlPMErlT OPERATORS I DREDGING ti:,'Jc»ullc Suction i-CVEWIA.1* H«ldt-t svii;cr.".A:i {Stern Winch oc 0 c tf J <-; c ) l>;>:iC»MAJO OccV.hanOj FlrtnamOil.f; Luv c.ihell DroOaes} ! L'VUvlAN O-.U H...I, X.ui Hi* See Mod. No. 2 See Mod. No. 2 OECISIOlf (JO. CA81-314J U 7RUCS DSIVESS: gswt K...I,v.,,. 553.91 ! H.ll1-5.31 14.51 55.5113. a 51.35 1.33i. J5 1.35 1.351.35 F,..,.t». , ?1.651.6$ 1.551.55J.65l.£S $1.00 1.001.001.001.031.03 , I*,;..... •.„, r, .10 .10 .10 .10 .10- .ic Croup ?> Ctoup 2 Croup 3 Group < Group 5 Giccp 6 Group 1» 2 axlo Cumpsj 3 axlo Flatbsd; Bunkoraanf Concrcto Punpin^t Induotflal Lilt} Kacohoudcnar.j Potklitt, uniier 15,000 Iba. « Croup 2i 3 asda Dump) } axl« Flatbed/ 2 axle Hitcc Trucks} ETr.ostn Control floizlecani Dueipcr«to, Icja thin C^ yds.) ForKli't 15,000 Ibo. end over; Ptell.t Plgolinc wor^sn'3 Truck Diiveri RojJ Oil Sffoa.ut.-ci Coiuont Distributor or Slurry Driver; Eootajni P.oia Carrier Group 3i O££-ronJ Dump, unJcr 35 tons> 4 axle but leas thin 7 axt«j Z-owbcj and Tralleti Transit Mis, under 8 yds.; 1 axle Water Tiucus? Ecojin Control^ Grout .Sixjrj Duo^crcta 61 yds. ino ovei j Dois^aCsiai DH 10's, 20's cn<3 over; Fuel Truck and Dynaaitej Hinch, 2 a<l*; Truck Grcaacjc Group 4-1 O££-roa<3 Duxp, 35 tons and ovccj 7 isle or aotef Transit Hi*, 8 yds. and over; A-irame or Swedish Cranes; Tlteisjn; Hstsr PuiX •Pull Tjnkersj KalcSccj Hlnch TCUCK, 3 Axle or mort Croup 5: "ruck RcpaltEan Croup 6t .Traffic Control, alSo Suarapets and Pickups I . . • ' OnllatscJ claasUIcatlons naou*d for uork not included within the scope ot th« classHlcatt'ons Hated ojy bo adJcd after award only to p:ov (<]<!<! in tba laboc otanJards contract cljuaoi (29 CFR, 5.5 a- n> £> Modification No. 1 ,CCI5tC!l HO. CASI-5IO - Mod. !l \tl I'k <iS?i - August H," IS31) San 01*50 COUACV, . " .- is rpcntef a : hUi-rlsht., Pnaum«tle Millars lUrOvcod riosrliyors — El«vi!-. = r Constructors-Lst;.«rs Pilnconi Bcvsii, Paln'c Burnar Bcuch (Swing «tJ<3a), S'.iriy r«por r.snqoc. Spray iSwl.Tq St*qo) ota^al i Icon, steal «rvJ briJijc pilntori < (*win;j stJgc) ; Iron, MCcil ind Oridqj pjMic*r, Sproy (swim; ttj~e j • SiniblJitcr; Iron. i; t ;»! I * nd b : i 330 p.Jir.cer t^roundvotkj ; Ircn, Jicel ind orUqo piir.nrs. Spray clitrmr.g srcfll; Srustl, • cl ln.tir.ij str. el i *nd brid.je: Spray, cl ir^ji .-!•} steel And br idqt StCKC 1 C )JCH T^rr-s:io worSecs Til* S«tcers tun . f,lM.«,..|.,,P., H i 1 * '.^.<.«.. — See Mod. No. 2 • • ItIS. 67 } 1.345 ! 1.035 j « 1 .035 Sec Mod. No. 2 16.74 15.59 17.24 17.49 17.43 18.35 15.39 15.59 • 1.23 1.73 1.23 1.23 1.2J 1.2JI. '00 1.00 1.78 1.78 1-.7S 1.73 1.78 1.79l.ao 1.30 .75 .75 .75 .75 .75 .75 .37 .07 .07 .07 .07 .07 . .30 . .30 j ra .u*? *r11 I 1" 1 37 t SLi "^ f C3 3 — ~ I ^* i ^Nl C1___ "" I 7 1 ?"r*"i "_ \ ® e r» i ^ | lt>1 "* 1 -° 1 ~* § .2o n'(3 'J1 <~\aii^ Modification No.' 2 DECTSION HO. CA81-51J3 - Mod. 12 146 FK 42591 - August 21, !98~T) San Diego County, California Change; ""Carpenters: , . Carpenters Hillvrighta; Pneumatic Kaiior; Hardwood Floorlaycrs Piiodrivcrs Divers: Divers Stand-by Divers Tenders Prywall Installero Drv-wall Finishacs Lathers Fo'wcr Equipment Operator Group 1 Grcu? 2 Group 3 Group -4 Group 5 Group 6 . . Croup 7 Group 8 Group 9 Power Equipment Operate Dredging (Hydraulic Suction Dredge)i Leverman Watch Engineer; Welder Deckmatc Viir.ch^an (Stern Ulnch or Dredge) Bargeman,- Deckhand; Fireman; Oiler; Lcveehand (Clamshell Dredges)I Leverman Watch Engineers DocXmate Dargenutc Bargeman; Deckhand; Fireman; Oiler r 0 c tic Roi*» 516.81 17.41 17.05 3B.62 19.31 13.31 IS. 20 < is. 20' "15.10 13.38 15.67 15.31 IS. 03 1C. 14 16.25- 15.1316.55 16.95 16.37 16.37 is. e2 15.53 16,95 16.37 16.37 15.89 15.28 H & V SI. 11 l.'H I.U 1.111.111.111.11 >ee Mod. 1.11 1.25 1.251 .?5 1.25 1 .?. 5 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 F,!.,. B«.l 51.75 1.75 1.75 1.75 1.75 1.75 1.75Ho. 3 1.75 2.95 2.952.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 . H P.r«,, 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 .92 .92 .92 .92 .92 .92 .92 .92 .92 .92 , ElJuconon Appi. Tr. .07 .07 .07 .07 .07 ,07 ' .07 .07 .14 .14 .14 .14 .14 .14 .14' .14 .14 .04 .04 .04 .04 ..04 .04 .04 .04 .04 .04 OJ U3 . CD to Page 43 Federal Re^slcr / Vol. 47, No. 44 / Friday, March 5, 1932 / Notices 9531 •WnattttOaK Modification No. 3 DECISION tlO. CABJ-ji^n - tjpd. S3. T4"iTfu HsvlT - Auquutfil'. ' .• issx: San Diftjo County, California Chitncai AaESstos Workers Boilsrcakers ' Dryvall Finishers Ironworkers; Fence Erectors Structural, Ornamental, Reinforcing Pltsteicrs' Tenders PlUEbcfrB; Pipefitters; Ste^iifittaxsj Air Con- dition; Refrigeration C | Km!' $19.25 19.61 17.74 14.EE 15.75 15.93 16. E5 ri n5* u*««iiti r«/«»M» • H.V 1.30 X.30 1.23 1.44 1.44 .87 106 1.49 1.25 •1.78 3. SI 3. El 2.S7 l£fc 1.00 .75 2. SO 2.50 1.00 13t A^>f. \r. .07 .04 .07 ' .12 .12 3/4t T i i i 1 .Page 44 SECTIOX 5 CLAUSE /#?**, ' • i » " • ' 'w '•'••.' •A. The work to be performed under this contract Is on a project assisted under- a progran providing direct federal financial assistance fror.i tlie Dopartr.int of Housing £1 Urban Dsvelorx-.ent and' is subject to the requirements of Section 3 of the Housing end Urban Development Act of 196S, as amended, 12 USC 1701U. Section 3 requires that, to the greatest extent feasible, opportunities for training and eirvployr.snt be given to lower Income residents of ths project are snd contracts for work In connection with the project be swarded to business concerns which are located In, or owned in substantial part by persons resid- ing in the area, of the project. B. ~'*£he parties to this 'contract will comply with the provisions of said Section 3 and the regulations Issued pursuant thereto by the Secretary of Housin ' ' -• Urban Development set forth in "24 CFR, 135, -and all applicable rules and orders of the Departcent of Housing Q Urban Development issued thereunder prior to the execution of this contract. Tne parties to this contract certify and agree that they are under no contractual or other disability which would prevent thea froa complying with these requirements. » ' ' . C. ' The contractor will send to each labor organization or representative of workers v/Ith vho.ni he/she hes a collective bargaining agreenent or other contrac 'or understanding, If any, a notice advising the said labor organization or 1«, worker's representative of his/her co:r.'.iitrnents under this Section 5 clause and FW- shall post copies of the notice In conspicuous places, available to employees and applicants for enrploynemt and training. - p. 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 Mousing § Urban Developmen 24 CFR, 135. The contractor will" not subcontract with any subcontractor vhere he/she has notice or kr.ov.-ledge 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 2 preliminary statement of ability to comply with the requirements of these r emulations. - E. Compliance with the provisions of Section 5, the regulations set forth "In 241 CFR, 155, and all applicable rules and orders of the Departnent of Housing § Urban l)evelop;;>-nt Issued thereunder prior to the execution of the contract, shall be a. condition of the federa] fi::sr;clal assistance provided to the .. ' project, binding upon the applicant or recipient for such assistance, Its successors and assies. Failure to fulfill these requirements shall subject • the applicant: or recipient, its' contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which fed oral ossistr.-ice Is. provided and to such s as arc specified by 21 Cri?, 135. ' 0X3 Aooroval No. AA-R1.396 Page 45 . STANDARD FORM - 257 (Aug. 1976) AB prescribed by the De'pt. of Later (C?CC?) < • Reporting Period . MONTHLY EMPLOYMENT. " (Month, Year) UTILIZATION REPORT (See reverse for ir.structions) --if-*""* report is required by Executive Order 112^6, Section 203. Failure to report can re'3W.t in sanctions which 'include 'suspension, termination, cancellations or debarment lof contrac t . .. - - To: (Kane and location of CoEipliar.ee Agency Asst. Reg. Admin, for Equal Opportunity U.S. Dept. of Housing & Urban Development 450 Golden Gate Avenue, Box 36003 San Francisco, California J4102 1. * Company3 o Kame ( I. D. ) i* • .,-^_ . • -t•\*> i • : *>%•>»' 2. s Trade • • • From: (;:a~.e and location of contractor) 3. Work Hours of Err.ployner.t (See footnote) Classi- fica-tions C — 1AD Tr C • AD Tr C ' An Tr C AD Tr C At) Tr C AD -Tr C AD Tr C AD Tr C AD Tr C AD Tr C /• D T r ^ To • tal 7. CoMjiany Official1'.; .Signature wv; 'livlo v, , b. * Black c. * His- panic 1 Cl . * "niiar. e. *Asian/ Pacific island . ,ii 8. ' Date Sisr.c-ci • * *- Total ^>o_T.ale *' % mino- rity w/h of total w/h 5-Total number of minority Enploy -ees -f. ! 6. rotal lumb t r of E~^ r-l^iru, y-^-V - ees — 9- Vclephonc I;u:^ln;r •(Include Area Code) (* Males <lx Female:; ** Minorities & non-minorities)Page of *<***•'• Page 45 INSTRUCTIONS FOR FILING EMPLOYMENT UTILIZATION REPORT (SF-257) The Employment Utilization Report is to be cornp-le ted. by each subject contractor (both prime and subcontractors) and signed by a responsible official of the company. The reports are to be filed on the day required, each month, during the term of the contract, and they shall include the total work-hours worked for .each employee level in each designated trade for the entire reporting period, The prime contractor shall submit a report for its aggregate work force and shall collect and submit reports for each subcontractor's aggregate work force to the Federal Compliance Agency that is funding their construction project. Reporting Period Self-explanatory. Compliance Agency U. S«. Government contracting or adminis- •'••.' -, tdring agency responsible for equal emplcy- ..•••'• . . .- : • ment opportunity on the project. Contractor Any contractor who has a construction con- tract with the U. S. Government or applicant ' (See OFCCP Regs. 60-1.3). * * ' -• • . 1. Company's Name .......... ~ Any contractor or subcontractor who has a federally involved contract. 2. Trade ......... Only those crafts covered under applicable • • Federal EEO bid conditions.' 3. Work-hours of Employment ... . The total number of hours worked by all . '. employees in each classification; the total "' - • number of hours worked by each ^minority • ' group in each classification and the total work-hours for all women. '» . ' " ' Classification ......... The level of accomplishment or status of the worker in. the trade. (C = Craftworker - Qualified, Ap = Apprenticet Tr = Trainee) 4. Percent of. minority work- hours of total work-hours 5. Total Number of minority employees ........ 6. Total Number of Employees The percentage' of total minority work-hours worked of all work-hours worked. (The sura cf columns b, c, d and e divided by column a.) Number of minority employees working in contractor's aggregate work force during reporting period. Number of all employees working in con- tractor's aggregate work force during reporting period. * Minority is defined as including Blacks, His,panics, American Indians and Asian and Pacific Islanders - both men and women. CPO B09-ZM 'ft i;s cnyn;;:y.Ffir ,p»rtin:,r. r.f-nrr- ,,»*»»w- Page 47 6500.3 Exhibit 2 w C-KAKV ftfOC-dAM K'S CEkTlFlCATtOH COHCERKUIG LA&OR STANDARDS A.KD PKEV/lLlh'G WAGE REQUIREMENTS' TO (Appropriate flrtifitntff "e/o : 1. Tbfr undersigned, having executed » contract with • , . - _ -._ ... T , , _ ^ n-_.__1.._ j-...—_^-U—^r-.^--.-^.—n-^-.-^** lk* confitraclion c>f tke pl^»ve^.j<f*nt!fj«i project, scknov-'Je^gcs tJiat: (B) Trv? t^jboc'StffKUrrfv provisions »>rfr included in tSr afort*»iii conlisct; CO Csxrecttoo of any Infitfctioan of llifi- sforr£«id ccrvijtior.s, including in 11 »cl i on» by uny of his subconlfftct&rs a.-*d *ny lower tier suLconl/^clM*, £a hi* irtp<xvtibi!ity; JL H> c»r.ifT»» tUt! ' "" " ' " '. (») KritStr be nor *ny firw, jwiin^rnliip or es^ociatkxi Li vhich Kt h«s st)bst*iilU! it.tcr*j.t ii drsi&,-\8t*<l is an cf lT*c S^nefwty ol Ljobo/, Par*. S f^5 Cffi. fcrr 5) ct puricsrt to Section 3{a) of the E>» ^is-B^cxin Art, ss ft»coded (*O U.S.C. 27&n~?(o)}, (b) Ko p«il of tHe r,foremtnti(Xit-r1 contract lies b*rc or wjll be r;ubcofi!racttd to any eubcor»ti*ctor if such sub- cortrector en «rty firji, corjx^istica, j>annetshi*» or *i5C-ci^tiofi in w/hic!i sacli st,Vcor.tr«tclor ^ss K n:b5.tcr.tirfl iMfri«sl is de-sij7i»t?d »E en ck-lipbl*- contractor p*;rs»;«nt to any of the *.fc;e^eriliorrfd ifgcU-tcry or p'.at'jtcry provisions. 3. He cjfi-es to obUtn «n-J forward to l>,e «forf:ncnL;oned rtcipj^nt within terv C"*VT* ^ftcr t'ne eitcatioo of riy s jt-.onV-act, Includirig tKr-f» i^xc-cutrd by hif> rubconliBClori »nd any Icn*er tier rubconlr»ctors, B Subc&ntrtCior's Ceriirjcr-tioa Corcrrniny L*bor Stsftdenls and Prev»iling Wr-ge Rcquirrr-*nts ncecolfd by the eu been tractor*. 4» ii» c»rTf(i»i {^ot: (o) IS* Ugol rant ond trt« bi/ii'vuit t>iiif*ii ol tn« v^itftts -j^c-d e-e; • ' . (ll A HHOLC rROf-rtieroniMir* (31 AT AtxYM t»4M)l* ' (<lGTr<CltONGAMIX A,T)Of« {ltctfftt>ci (c) Page 1 of 9/75 HUO-Wamh., U. C. Page 48r6500.3 Exhibit 2 HA«E • »oox»> *'.• • -• NAME V A00«-»T^OrCLATUFlCAT-OM • - •. \ , Dot, (Contractor} *, S*,-l.lo« 1010. Tt!l* JS, U.S.C,, 9/75 Page 2 of 2 .. D. c. < = Sf 0'"- HOUiINO -VO u;<i.'Ai: v»rv;s.Oi'n = NT COMMUNITY DEVt-LOP)A:HT BLOCK GKAHT PROGRAM ' SUBCONTRACTORS C£RT!FICAT!OH ' % •JNfiJG LAEOP. STAHDAP.DS AMD PP.F.VAll lrl_G_V/AC_E REOUlREMEflTS I o-f Z Page 49 TO (Appropriate Recipient}: c/o DATE fiCT NUKOH.H [If or.yl fnOJECT NAME 1. The undersized, having executed a contract «/ith. for —|'.\ e tu f * o/ iVo.-fcJ In the ar,iouat of S in the.- construction of tlie above-identified ptoject, cettifiss that: f- (a) The Latior Stundatds.Provisions of The Contract For Construction are :nc!ud-_-d in the aforesaid contract. (b) t'eitnet he nor ar.y firm, corporation, partnership or association in which he has o s^bstunlia! interest is designated cs an ineligible contractor by the Corr.ptralle: General Oi the United .States pursuant to Section S.6(b) of the Regulations of the Si»cteta:y of Labor, Ps:t 5 ^29 CFR. far; 3), or pursuant lo Section 3(a) of the- Davis- • Bacon Act. as arnendedY-0 0.5;C. 27Cj~3(a}). • . • (6) 'No fioit of-the aforementioned ccntrs'ct has bear, or will be subcontracted to any subcontractor if such subcontractor or any fircn, corpoiation, Oartntrship or association ie which such sulxroattrctor has a substantial interest'is.designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions.- 2. He agrees to obtain and forward to the contractor, for transrnittal to the recipient, within ten days after the execution of any Io'.vei subcontract, a S'jbcor.tnctcr's Certification Concerning Labor Standards .ir.d Prevailing Wage Require- ments, executed by the lower tier subcontractor, in duplicate. (a) The v/oikmen will report for .duty OP. or about. 3. .He Cf-rtifiys the!: (o) The It90! nsrne end flic l-jsiness orlaress c-f ihe ur.c'crsianed c.-;: . (W The un-eriiijned is: " . * ' ' (H A SINGLE PftOf'rtl ETOflSMIP: (21 A PARTNEnSHf*: (31 A. CORPOr; ATIOU O 3C AMI? EO IN THE STATE OF: («) OTHER CifIC ANIZATIOM ffitlniM) ' '. (c) Trit no.Tic, tiilt end cJdri'js of the owner, pcrtne'j or cffictts of l!it MAME Anoness (d) Th» n;mci cnl ciiJfc >%cs oi all oi'oer pcf.o.M, IjiiSo.io t'nc rr.Jvfr at 1:13 intcrnl eft (l( r.n->*. m ,,'al ond C3'p°rj|c, hoving o in the vo^i Pr-^u >ori • MA !•! = • • • *o:,«Cw . . * . • M*,TUf<C OF I.NT CDt'T Page • " - • . • \t-} ill* nemos, ccc'resS'i} end tr^ds classifications or all olpef-fcuilciin-j construction cotUractofi in vrTicn ihc tr.c^rsigncti .^as o 5ui> itpn.'ial inlcrijsl. ors (If r.^n<:, so si^'.'.l" «AV.E ' ' '. • ' • • ' • ADOP.ssr. „ • :• , . TRADE CLASSIFICATION I . * - 50 5u I COA trnctorj Dy. (jifnaturel (Typed .Vom.- U.S. Cfi:nin..t Code, Section 1010. Title 15. U.S.C., provide! u> p>it: "Whoever. .... makes, p ilme^-.rnl, knowing Uie >»mc lo he (il<; ..... shall be fined n»l oorc (San S3. 000 or iin^asooc -stes. uttcri, or ,-jbUs!ie% a <i« moic llurx t->o ycjrs, or S" -a •> • o- WRCU Qj —I, zuzcrLI _J ..I «« -o QJ - !,._.. . , ,_....-.. 1* IX. «.,.r . .1. ,..<..<..,»... '"-"'-»-•-» . I..- T%.*,11 ,,MS..,V^,,.d.^nd,,.^.- fl S',"iL ."*3 T, 40 U.JVC- If -i" ',• <'-J i*»« •IvUvl W W fwb*1l1*J ti>f tilt •Wvf A,,r,..-.W.,41,. U..W (V) v/nrns rxmot &r.Szrm ARC FAID IM CASH • CD — *•«* l*Vo™» flf r-«V»»le U»tW U IXt »\»»« ttir t*m *f ttff t») WIM.HT KKiNRf TlCWKflTS AH« TAtW TU AFrAuVt.1V ox rxuoiMMS • I'.i'wJ In Vht iVvvt rfftrncW ptyroll, l«f IIM« .^4_t^.«MU» | MI-VO, -aGJtore Ul U1 fO Cu m o LUI; TV.* uk, •( VII i<J. r*iTrtll In,*, It fell •.*».<. U.S. A>l& NCXJS X>!0 CUILIC COKIUxCTi it centime nrnu rua. BJ-M? tft(7 TKi* frflb V»4 t**t M.At k.»l)' n<Mlr*4 tf lls.If r.-V-.^l n( /• *.V.,.!'.;. *»,MV..« »i (*,* in 11..* »f IrUf. TV<» ftr^H ^r«•l•i<•• /«( (K* c+iMrtrUr1* «V.n«|r\i ^^ •><« f*'* •' l r,K.',.-r,;M i*r«->u i* IA.U/*!* ix*i k» i» r«i"-» Mfcc* w«*nt* u4fllUr« tt.4U M *-t-J MI IxU-M *,O >v !'• i«<UI 5«i.k- * \ »n4 i *p** | it , !H> llt?4-i NCf. Ul-Ktl'ITS" • K»t W*n jtm*litv< Wl<r*'*iIt «U ii-*-Kicit**» i**^* *< f><Mt«<U-*» <HU<nA U IhU 8 u?i : o &0 .Page 54 CLEAN A.IR ACT Contractor agrees to comply with all applicable standards, orders, or regula- tions issued pursuant to the Clean Air Act of 1970 (k'2. U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) as amended. Violations shall be reported to the grantor agency and the Regional Office of the Environmental Protection Agency. Page. 55 , 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.- Uncier-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 minimum 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 nuk- ing these payments to the employees as cash in lieu of fringes. The contractor should shp'.y on the face of his payroll all monies paid to the employee^ whether as basic rales 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 \vho pay all required fringe benefits: A contractor who 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 -1(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 Contractors who pay no fringe benefits: ' . _ ," A contractor . v/ho 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 the applicable \vage 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 the half time premium on the basic or regular rate plus {he 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 -l(b) of the statement to indicate that lie is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section -l(c). Use of Section 4(c). Exceptions Any contractor \vho is making payment to approved plans, funds, or programs in amounts less than the v/age determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section -1(a) or -l(b). whichevvr .the contractor may check, shall be entered in Section .-l(c). Enter in tire Exception colurr.n the craft. anJ enter in the Explanation column the hourly amount paid the employees as cash in lieu of fiingcs.and the hourly amount paid to plans, funds, or programs as fringes. Tor i.iU' t>y llu Supeiiiiuiuli-m »: DtKiiniviK*. I'.S. (nivi-nnium Piiiuini; \\'.i>htiij;i.'n. !>.(.. >0|OJ - I'lut- V|..'')-JHT p.ul nt loo S. Oi-.rA":Ti'l:!:T OI' l-AHOfJ GK /,'-',:) -IOU1I AMl> I'UHLIC CUc-llllAClS PI VISION li STATEMENT OF COMPLIANCE Form Appf^vrtJ Budget lluie.ui No. 11-KIOV3 Page 56 ; (N:>:nr of M fjrirUory 'j»Dfly> (Tlllf) (I) PW: I pay or supervise the p.iyn>cnt of the persons employed by . t?o lineby state: (liui Urnf. c>r work) _. -anc! cndinp. the day of. ; that during the pr.yroll period commencing on tht-- day of , •. . 19 . all persons employed on said project have been paid the full ce!-:ly vva;;cs earned, thai no rebates have been or will ba made cither directly or indirectly to or on behalf of said .from the full weekly wages c-uned by nny person and !hnt no deductions have(Contractor or sulit:oritr;tclor} :c-r- mad? titter directly or indirectly from the full \v;tp,es earned by any person, other than permisi.ible deductions as. defined i Hoj-.u'.Jtions. Pnrt 3 (29 CKR Subtitle ^). isciiet! by the Secretary of L:iV>or under the Copland Act. r;s amended (-!S S'.at. ?S 63 Stnt. IDS. 72 Stat. t'67; 76 St;U. 35V; 40 U.S.C. 276c). <-ind described below: {2) Thot r.ny payrolls otherwise under this contract required to be submitted tor the J.bove period are correct oivd complete; :ftj sh? ^D-::e rates for !./"ore:sor :r.echrnics contnLneci thofein are nr.t less than the applicable \vap.e rotes contain^i! in -"any ii£',e d-'terrr.ir.ation inuo-pC'ralc-d ir.lo the contrcic.t; thsl the classifications set forth therein lor each laborer or mechanic cori- >mi With the \vorl: he perfonned. . " * (3) Thr.t r-ny apprentice.^ err-.ployed rn the above period are duly registered in a bor.a fide 2pprer.ticcs.hip prorjtam rerintrred 3th a S'.rite npprenticoship agency recojxoj^ei! by the Durcou of Apprenticeship and Training. United Stater. Dep?.r;::ier.; of atior. or if no such rfc-of.nircii af.ency exists in a State, are re^istcrc-d with the Bureau of Apprenticeship and Trsinini;, I'r.ited tbtes Dep-Trtirsc-rtt of J^a'oor. . - (a) V.'SiERE FRINGE-BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS - . j | - In addition to the basic hourly wage raies paid to each laborer or-meclionic listed ir. the above referenced pay- toll, payn-ents of fringe benefits as listed in the contract have been or will be: made to appropriate prc^-roms for the bens/it of such employees, except as noted in Section 4(c) below. (b) '.VHKRE FRINGE BENEFITS ARE PAID IN CASH • ~ - Kach Lahore-.- or mechanic listed in the above referenced payroll-has been paid as indicated on the pr.v'roll, mi amount not !c.-ss than the sum of the applicable basic hourly \vr.i;c rate plus the amount of therequired Irinfo benefits a.> listed in the contract, except .':s noted jr. section <?(c) below. (c) EXCEPTIONS . • • ' EXPLASfATIOS uSl.-.f. A I (.11.1. > ill >.'x ' '"• ' '• I.' I' !<' A 1 io!i l«f »:• <• r»»nvii fu t: ni'.vfjAi. I-KII-,I.I- oijvti -.M'< • • <.>'. i ' . 1 M''1 vi. ? i X 1 I • •( ii t ' •«'. v *. .1 • i i.c T nil o on I 11:. r. 1 ;>(• o<« sin*'' G'; l I' *' ' l>!' ' •' . i it.i. i- ji CM vi;ii «.. /-ni. :-i r i iuu :•.• i c-"' 1 1 % u i .n 11 i MI. u.-d n.c ;. • '.<».-. Page 57 You must be paid not less than the v/age rate in the schsdulc posted Vv'iih this Notice for tl)e kind of \vork you perform. " You must be paid not less than one and one-half times your • i. basic rate of pay for a!! hours worked over 8 a day or 40 -a • i week—whichever is greater. There are some exceptions. ,f bl ffi .M^\ b.\\ ^ • 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 _ v Officer as given below: or you may oc;l in toucli vvilh tha n oarer, t office of tho W.vio and I loitr Divi'-.io:), U. J".. Dep:u'!rnr-nt of l.;ibor. Tl.o WJCJG nnd Mour Division !>;v:. ofdcoo in Gcvc-':'«"il hundrcM coninuinitios lliroiifihdiit Jhc courilry. Th:.:y aro li-.;|.-:d in Hie U. 0, CVn'ctnnionl f.cclion of mor.t lolopluino dii.','Ctc.r;c:-, linear Dcnartinonl of Lnlxx1. W;IQ'.! ;md i to Division. I! nol li-.-.tot.l \vrilt: lo A(linini:,lr,i!or, VAi{jo and Hour Division. VV.>'..l)iiii]((;n,D,C.';.'0::10 r •Page 53 £- 6500.3 Exhibit U. 8. Department of Housing and Urban ".Development Connunity Development Block Grant Pro£raa R2DE3AL LABOR S7Aii*DA?J>3 PROVISIONS 1. APPLICABILITY ' The Project or Program to which the work covered by this Contract pertains is being assisted by. the United States of America and the follovjjxj Federal Labor Standards Provisipna are included in this Contract'pursuant to the pi-oviaiona applicable to rrach Federal assist- ance. ' KDHMUM WAGE RATES FOR LABORERS All laborers and raechanics c-crplcyed upon the work covered by this Contract shall be paid unconditionally and not less often than once each veek, and without subsequent deduction or rebate on any account (except ruch payroll deductions e_s are n_?.de nandatory by law and ouch other payroll 'deductions as are remitted by the applicable regula- tions issued by the. Secretary of Labor, United States Department of Labor, purs"U£u-:t to the Anti-iCickb^-jk Act hea^inafter identified), the full ariount due at tide of payment ccrputed at vag-e- rates not less than thoae contained Ln the 've-$s deterc:J-nation decision of said Secretary of Labor (a copy of vhioh ia attached and herein incorporated by reference), regardless of eny contractual re 1 at ion ah jp which may be alleged to exist "between the Contractor or any r.ubcoatractor and cuch labcxvera and Eechanics. All laborers and mechanics ezrployed upon nuch • work shall be paid in cash, except that payment nay 'be by check if the enrployer provides or cecurca satisfactory facilities approved by {he Local Public Agency or Public Body for the caohi:r.£ of the Base without cost or expense to the enrployee. Per the purpose of this clciune, contributions cade or coals reascr^ib^y anticipated under Section 1 (b) (2) of the DaviB-3iicon Act on behalf of laborers or r;ych=jiiCD CJL-G conoidered va^o paid to EJUCP. laborers or -ecnanica, subject to the provisions of Section S-^'GOO )(iv) of Title 29, Code of ycioral ReG\)latIonB. Also for tlie pvjroosif of this clause, regular contribu- tions n-ade or cor^tE incurred for nore than a weekly period under planu, fluids, or progra~.a, but covering ~he particular weekly period, are deeded to be constructively nade or incui-^ed dxuring1 nuch weekly period.. . . 3."^ r\\.to OJ In cauo of undeipayrnent of va^ey by the Contractor or by any oubcontractor to laborern or cecr.^iic'rj crployecl by- tlie Contractor or Ruboor;tractor upon, the vork cove:x'd by thiu Contract, the lK)cal Public 'Agency or Public liody in .".rldj.ticr. to r.uch other righto an rx?.y bo at'ford- ciA it tirsdor thin Contract nhall wLthhold from tJu: Contractor, out of "any i>:«.y:r.<in* n <3uc the Contractor, r.o r.uc:h th'\r':of'::.u the local Pa:/: 1 of 9/75 Page 59 G500.3 Exhibit 14 Agency or Public Body nay consider necessary'to' pay cuch -laborers or mechanics the full aciouut of wages required by this Contract. The anount so withheld, nay be disbursed by the local Public Agency or Pub?.ic Body, for and on account of the Contractor or -the nubcontractc (as nay be appropriate), to the respective laborers or mechanics to whom the r.a.~e is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination.. . U. ANTICIPATED COSTS 0? HffiTCB EEIEFITS * If the Contractor does not cake payments to a trustee or other ' third, person, 'he nay consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or progran of a typ'e expressly listed in the wage determination decision of the Secretary of -Labor which in a part of this Contract: Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon. Act have been net. The Secretary of L=;or . may require the Contractor to wet aside in a separate account assets for the neeting of obligations under the 'plan or program. A copy of any findings na.de by the Secretary of. Labor in. respect to fringe benefits being provided by the Contractor nrjst be submitted to the Local Public Agency or Public Pcdy with the first payroll filed by the' Contractor subsequent to rece3.pt cf the findings. '. $. OVSRTINB CCvCPENSATIOlJ RSO.TJTKEn) BY CC^.rTRAC? VOPZ HOURS AH) SATSTj." STAisDARDS ACI1 (76 Stat. 357-360: Title LO U.S.C., Sections 327- 33?) (a) Overt irsa.^onto . -No Ccntr?.ctor or subcontractor contracting for any part of the Contrac't work which nay require or involve the cn:ployr.en.t of laborers or cochanics, including watchmen and giu-trds, shall require or permit any laborer or mechanic in ar.y vorlivoek in which he is e~ployoa on cuch work to 'work in excess of 5. hours iii any calendar day or in excess of l;0 hours in Buch work week unless such laborer or mechanic receives coz.-ponoation at a rate not less than one and one-half tin:ea his basic rate of pay for all hours worked in excess of 0 hours in .any calendar day or in exceas of UO h in o\.>c)i work week, ao the cana may be. liqv.idatod onh in p ^ In the event of -,is\y violation of the claurse co^ ionh in parf-vjrap the Contractor and ;my nubcontractor r^2Bponniblo therefor onall be liable to any affected 'employee for hit), uripaid v/a^jB.- In addition, ouch Contiv.ctor itrid oubcontraator uh-all be liable to tlio United States for Liquidated dam .ige u . Cuch liquidated dar>-.go.o n!i.:Lll bo cor.n:utc-d vith rcripect to each individual laboror or coc'liani'c enployod in violatior.a of thy clauoe not forth in paragraph (a), in tho nu;3 of $10 for cuc-.h cn.lcnd.or d;-.y on v/hich' t;uc5i c-uiployeo wan iv-quii-crd or poj-niittod to work 2 of 13 lAwh., D. C-. Page 60 ^— ^ |(l } •"•""•.If' i 6500.3 Exhibit 14 jLn. excess of 8 -hours or in excess of the standard workweek of l;0 hours without payment of the overtime wages required by the clause Get forth in paragraph (a). • (c) yi j ^-hol d in ? ^ f or 1 icu i dat e d _ da:?-?-gg 9 . Tha Local Public Agency or Public ~r- dy shall withhold or cr-use to be withheld, from any moneys payable on account of -work performvd "by the Contractor or subcontractor, cxich misa an niay adciniialratively be deteruir.ed to be necessary to' catis'fy any liabilities of ouch Ccr.~r-ac.tor or subcontractor for licui- dated _damagee. as provided in the- clause se-t forth in pare-graph (b). ({^) Sub c on t r a c . t a . The Contractor shall insert in any subcontracts the clauses net forth in paragraphs (c.), (b), and. (c) of this Section End also a clause r«cuirir^ the subcontractors to include these clauses in any lower tier subcontracts which they nay enter into, together with a cla.une requiring this insertion in a_uy further subcontracts that cay in turn "be nade. . - j • . 6. •'UE'LOttEKT 0? APPPJ2ITICSS/D2A2SZS '' '"»*..*.i " " \ ,^-v,. e. ' Apprentices will be permitted to work at less than', the prede- j „ ^ t Drained rate for the work they performed when they are es- 1 s-x_^y . ..- •" -' ployed and individually r-c-gi3~ere-d in. a bona fide approntice- nhip pro^-rsri z-egistered with ~hs U. S, Department of Labor, j . Manpower Adr-iniGtratior:. Bureau of Apprenticeship and Training, i • • or vith a State Appronticsship Arsncy rscojpized by the Ihireau, | " or if a person is employed, -in. his first 9'J days of probationary1 1 . ' enploycent as c'in apprentice ibi s~j.oh an apprenticeship projraz, j . who in not individually rc-£;.'s-;£'red in the program, but who has J been certified, by the Bureau of Apprenticeship and Training or S . a State Apprenticeship Ager.oy (where appropriate) to be { • . . eligible for probationary ezrplo;.— ent as an apprentice. The i allowable ratio of apprentices to journoycen in any craft cDaan i • fication ohall r.ot-be greater than the ratio permitted to the | . contractor as £o liis entire •,;Drr-: force under the rogistered I. • . program, Aiv/ enployee lictc-d en a payr-oll at an apprentice •J , , ' wage rate, who io not a trainee as defined -in subdivision (b) j . of this Bubpai-agr.ipli" or is not registered or othor-./ise employed 1 . '• aa otated above, shall be raid the wage rate detornined by the 5 ' Secretary of j*abor for the classification of work he actually j i , performed. Tho contractor or subcontractor will be required to 1 - ' '' ' ' 3 o£ 13 . 9/75 ... D. C. , . • • Page 61 6500.3 Exhibit IA furnioh. to the contractor.;; of.Ci Wage-Hour Division of the U, S. evidence o£ the registration of veil as ti.e appropriate "ratios percentages of the jouxuevnan h construction prior to using any vork* 'The vage rate paid appre the Appropriate percentage °^ ""• in ths applicable wage detoroir cer or a- representative of the Departr.ont of Labor written his program and apprentices aa and wage rates (expressed in ourly rates), for the area of .pprentices on the contract ntices shall be not lesn than he journeyman's rate contained at ion. "b. ^Tjalneeju Except as provided in 29 CFR 5«13> tra5jiees will not "be permitted to work at less than the predetermined -rate for th.9 work performed unless they are enployed pursuant to and . » individually registered in a progran which has received prior .approval, evidenced by formal certification, by the U.. S. Department, of Labor, Manpower Administration, Bureau of Appren- tice end Training. The ratio of trainees to journeymen shall not bo greater than permitted under the plan approved, by the BoreJiix of Apprenticeship find Training. S'.'sr^f trainee uust be paid at rot lens than the rate specified in' the approved pro- gran for hie level of -progress. Any employee listed on the payroll at a trainee rate who is not registered and partici- pating Jn a training plan approved by the Bureau of Apprentice- chip and Tra.ining sh-all be paid not less than the wage 1'ate 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 W&^e-ilpur Division of the U. S. Bopa.rtir.ent of Labor written evidence of the certification of his prograa, the registration of the trainees, and the ratios and va.ge rates prescribed in that progr-an. Iiv the event the Bureau of Apprenticeship and Training vithdi-awG approval of a train- ing program, the contractor will no longer be permitted to utili'/.o trainees at less tl-.an the applicable/ predetemined. rato fox^ the work performed xuitil an acceptable''progTan is approved. ' • C. Fox?al_r.np.1 oyr.ent Op"ortunitv. The utilization of apprentices, . triUJieeo tu:d jourr.eyr.en undo:: this part shall be in conformity vj.th t)ie equal enploycent opportunity ixecuire;r;ents of Executive • Order in'ljfi, as amended, asid* 29 CFR Part "30. Pay2 4 of 13 9/75 i., D C. < ,j$&!*>*>!.,MS*r Page 62 6500.3 Exhibit 7. E-tPLOYrS.T 0? CERTAIN PERSON PROHIBITED • • No person'voider the age of sixteen yearn and no person who, at the time, is nerving sentence in a penal or correctional institution Bha.ll be employed on the work covered by this .Contract. ' 8. REGULATIONS HJH3UAST TO SO-CALLED ."ACTI-XICXSACX ACT" The Contractor shall corply vith the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States I'-epart-er.t of Labor, nade pursuant to • the eo-callcd "Anti-Kickback Act" of"June 13, 193L (L.8 Stat/9!48: 62 Stat. 862; Title U.S.C., Section 3?!;: and Title UO U.S.C., Section 2?6c), and any amendments 01- codifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therev/ith by all. subcontractors subject thereto, and shall be responoible for the eubnrlDsion of affidavits required by sub contractor 3 thereunder, except &B naid Secretary of Labor nay specifically provide for reasonable limitations,•variations, tolerances, and exemptions frcn the require- ments thereof. . . 9. . EMPIiOYI-KNT OF LABORERS OR K3CEANIC3 NOT LISTS) 21 AFORESAID WAGS DETEHMTKATION DECISION Any class of laborers or nechanics which is not listed in the vage determination and which' is to be employed under the Contract will be classified or reclassified conformably to the vage deten^inaticn by the IiOCal Public Agency or Public Socy, and a report of the action taken nhall be submitted by the Local Public Agency or Public Bo-dy, through tlie Secretary of Housing and Urban I-2vc-lop~er;t, to the Secretary of J^abor, United States Department of Labor. In the event the intereot.ed parties cannot agree on the proper classification or reclassificaticn of s. particular class of -laborers and "echanics tc be used, the question accompanied by the reccnrendation of the Local Public Agency or pablic Body .shall be referred, through the Secretary of Housir^ and Urban Developcentj to the Secretary of Labo";: for final deterdnation. I ' ' The Local Public Agency or Public Body shall require, whenever the I iainii;:un wafra rate proscribed in the Ccr.tra.ct for a.claao of laborers or mechanics include a a frinro bone-fix which is not expressed as an hourly wage rate r-.r.d the Contractor is obligated to pay cash equivalent of such j a fringe benefit, an hourly cash equivalent thereof tc be established, In the event the jLnteivutcd parties csnr.ot a~;roe uoon a cr.nli equivalent 'of the frint?2 benefit, the q\;osticn, cccor.T:-nied by the reco~~endn.tioa of the Local Public A.ve.'icy or Public Tody, siiall be referred, thro-j^i the Secrot.iry of F.ourn;'!*:; cmd Urb;;-*a Development, to the Secretary of »»^ • Labor for clutcruir.atj.on. • Pay:, 5 of 13 9/75 Mf>-Vtt»S., D. C- I •• 6500.3 Page 63 Exhibit 14 11. POSTHIG- WAGS LLTZSMDTATION DECISIONS AND AUTHORIZED WAGE DEDUCTION'S • The applicable wage poster of the Secretary of Labor, United States Department .of Labor, and the applicable wa^re determination decisions of said Secretary of Labor with respect to the various classification of laborers arid nechcr.ics ecployod and to be cnrployed upon the work covered by thin Contract, rnd a statement shoving all deductions, if any, in accord atico vith the provisions of this Contract, to be cade froia vages actually cammed by peroons so .employed or to be employed in Buch classi- fications, shall- be posted at appropriate conspicuous pointo at the site d.€ the work. - • • * .12* ccKPiAnrrs, PROCISDISGS, OH TESTIMONY BY EMPLOYEES ' . • . Ifo laborer or mechanic to vhon the wage, b alary, or' other labor otandardo proviaicr^a of this Contract are applicable shall be discharged or in any other manner discriminated a^ainat by the Contractor or any subcontractor because truch enplcyee has filed any complaint or instituted or caused to be Instituted any proceeding or has testified or is about to tefltify-in 'any proceeding under or relating to the labor otandarc.3 appli- cable xtnder this Contract to his enployer. D-3. CIAII'S.AHD DISFUT2S PHRTAEI12TG TO VAG2 PATES and d-ieputeo pertaining to ya^e rates or to classifications of laborers and neclianics employed upon the v;ork covprcd by this Contrac • ehall: be promptly reported by the Contractor in writing to the JjOcal Public A.ecericy or Pablic Body for referral by the latter through the Secretary of Housing and Urban Dcvelpprent to the Secretary of Labor, United Stato?s Departnient of Labor, vhoso decision ehall be. final vith reopect thereto. ' . . • 1U. QUESTIONS COSCrSiriNG CEHTAD? K3ERAL STATUTES AND REGULATIONS All quontiona ori3ii\g under this .Contrast vhich relate to the .application or 3 nterp rotation of (a) the aforesaid Anti-Kickback Act, (b) the Contract. Vork: Kouro and Safety Standardo Act, (c) the aforesaid l^avio-l'econ Act, (-U.) the x-cgulationa inaaed by tho Secretary of Labor, United StatRO l>cpartr?ent of labor, purcuj?jnt to Boi<3 Acto,- or (c) the labor ataadardu jirxr.'iaion.'i of a:\v other pertinent Fedoral ctatute, chall "bo referred, thr-c;u,iyi the IjOCiil Public Agency or I\iblJc Pody and the Secretary of Iiour,in.g ar.d. Urban I-jvulop^ont, to the Sucrct'ory of Labor, United States Iov.-irtr.ent of Labor, for oaid Secretary'0 appropriate rulixig ox-, interp 'rotation vhich Ehall be authoritative) and may be rolied v.pon for tho pxrrpoaoo of thio Contract. 15, PAYIiOLIS UU) HV3IC PAYROLL RECORDS 0? CO^n'HACTOR AND SUTCONTilACTOHS Tho Contractor and-ouch nubconti-actor nhall propa.ro hio payrollo on fc»rr.:a natIofactory to and Jn nccor-L-vnct! with Jnutx-actionn to bo G of 13 , 9/7.J V-sf.V.. D. C, ',.'.' - Peige 64 r~~•r\>«,.,/\6500.3 Exhibit 14 • furninhed by -the Local labile Agency or Public P/ody. The Contractor chall rrabzait weekly to the Local Public Agency or Public Bod;,- two . . certified copies of all payrollo of the Contractor and of the txxb con- tractors, it being understood that the Contractor Bhall ba responsible for the subr-innioa of copies of payrolls of all subcontractors. Sach mich T>ayroil shall contain the "Weekly Statement of Compliance" set .forth iii 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 tnis Contract shall be maintained during the course .of -the 'work and preserved for a period of 3 years thereafter. E'uch payrolls end basic- payroll records" nball contain. the nans and address of each •• nuch "employee, hia correct classification, rate of pay (including rates of contribution:! 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 riadu, and actual wages "paid. .In. addition, whenever the Secretary 'of Labor has found under Section 5« 5(a) (l)(iv) of Title 29, Code of Federal Regulations, that the vages of any laborer or mechanic jLnclu.de the ar.iou.nt of any costs reasonably cuiticip?.ted in provic-f^Lg benefits unds-r a plaii or program described :"ji Section l(b)(2)(3) of the Davis-Bacon Act, the Contractor or .Tubccntractor shall nxaintain records vhicli ehow that 'the. comitcent to provide cuch benefits is enforceable, tlicit the plan or pro gran io fijiancially reBponsible, and that the plan '*:"~X or prcr-rr..'-} has been comrrunicated in writing to the laborers or mscharaico r" } • affected, an'l records which show the ccsts anticipated or the actual ^—^ - cont incurred in providing such benefits. T:ve Ccntrflctcr and each Biibcontractor chall nal:e his employment records with respect to persona . • duplexed by hia upon the work covered by thin Contract available for inspection by authorised representatives of the Secretary of Housing and -Urban 2>2velcpm-ent, the Local Public Agency or Riblic Body, and the United States L^par-tment of Labor. Such representatives shall be permitted to intsrviev e^rployeec of the Contractor or of .any subcontractor during iig: houxn on the job. 16. SPECIFIC COY2RAG3 0? CUTTAIlf rV?£3 OP WORK 3JY C-TIjO'^ES The transporting of catcria3.o and supplies to or from the aite of the JV-ojcct or Prosran to which this. Contract pertains by the employe.?. n of the Contractor or of any L-ubcqn.^r£.ctor, and the L-.anv.fr. cturirif; or rurnishj.nt^ of materials, «a"ticle.a, supplies, or equiyment on the site of" tho Project or Pz-cr-r?-zi 'to. which thiu Contract pertains by persona employed by the Contractor or by any Eubcontractor, shall, for the j>UT-poneH of thin Contract, ;md without lin.it ing the .g-3r.erality of the forc^T^ir-..^ provjoici-.o cf thin Contract, be deemed to be work to which • thooe Pederal l.-ibor Standardo Provisions are applicable. The Contractor chall not uubccntract aiiy part of the work covered 'by thiu Contract, cr pumit dubcontractor: work to bu Aurthor fTubccntraoted Vug? 1 of 13 • 9/75 .. D. c. 6500.3 Page 65 Exhibit- 14 vitbout th*» Local Public Agency 'n or Public rody'B prior written approval of tb-3 eubcontractor. The Local Public Agency or Public Body will not . tipprove any subcontractor for work covered by thin Contract who is at th-s tias ineligible under the provisions of any applicable regulations by tho Secretary of Labor, United States Dopajrtnent of Labor or Secretary of Housing and Urban Development, to receive EH award of truch LUIED DT O' 18. e .- Tb« ContrJiC/ior shall include or cause. to 'be inclxided in each jrabocritrsct coveriix=: e-ny of tfie vork covered by this Contra-o.t, provi- eionn \-hlch f'sxe consictent with those Federal Ijabor Staoidarda Provisions • .end ELln'o &. cla'-xBo roa^uirir^ tho subcontractors to include cucb. provisions in any lover tior crab contracts v.-hich they nay enter into, together with a olftus-a roqvLjjrins cuch inaertioa in any further tru.bcontra.ctB that nay in tvaix bo n 19, ElBA-CH OT KJTSGOUIG F2L2HAL LJ303 STAilBAEDS PROVISIONS Xn- addition to the causes for termination of thio Contract as heroin olfiow'nsro sst forth, the .Local Public .Ag-ency or Public. Body x-9 serves iha rispt -to temiruvte this Contract if tho Contractor or ar.y cub contract or whoso subcontract covers any of the vork 'covered by thio Contrv?,ct Bh.rJ.l breach any of these federal Labor St'andarda Provioions, A bz-oach of thass Federal labor Standards Provisions r^y also be gro-un foiv dobcjcaent aa provided by the applicable regulations issued by the- Socretory of Labor, United States .Der.artnent of Labor. (^ ^^ C of 13 9/7S n. c. Page 66 6SOO.3 ' ; RrfvLMt ]< ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED •• ANTI-KICKBACK ACT' AND REGULATIONS PROMULGATED i-URSUA.NT THERETO BY THE SECRETARY OF LABOR. UNITED STATES DEPARTMENT OF LASOR • . TITLE IS. U.S.C.. sctrkm S74 (RcpUccsM-ction 1 of Ihc Ac! of June 13. 1934 HSSut. 9-tS, 40 U.S.C, ~ jec.276b)pu»uant to the Actof Jun*25. l94S.62StJt.862K' KIOOiACKS FROM Pf BLJC WORKS EMPLOYEES . vrr, by forcr. intimation, of ihfJt of f-ru<n;r.-^ ^-ircivjl from rm;.!ov mf nl. or bv *nv otricr mt-r>*-.T *h ever indi^C'-* *.ny p^r^ori cmj^lovrd in I tie curMOir'Jvn. [^t>^ cutx>n. cornf.t'lion-or rrpAir of in* pjil>c l^i-iirtj . >-i«ic vorx. cw tuiljinp or *-.-orl. ftninccd in ^f>C't«- or in pift l»y I-jif»* i,r ir*r>'^ irvm ::v I niird MJt^i, tn enr up jn> r~zrt wf :Sc eom- p*"ns*t*on It/ *-rh»:h }'^ la cntillrti uivl^r hifi con'rid of rmp«^\r3r;it. snjul be fined t>Jt nic^f thxn ij.OX) cc iD*r-r^»or>c^ frot cnofc Irutrt fivr \ rurs, or both. SECTION' 2 *OF THE ACT OF JUNT 13. 1934. AS A.MENDHD (•« Si»t. W?. 62 Stil. J-6X rt/ry of Li^or t):jJ! rr.Ar rr»^nabW rrr^-^t>>r^ f^jr rontrf-rtc^i *nd fib<T»«ir*c^r% crfirrS IK t'"-r - J«Oi>rciU*on. tornp!'-tk>n cr rrpt;r of public b-Jii^injrv p-^-b'jc ^orxi or !»',-Lxfir^:> c-r ^orV.i f-r.Lncro :n ^^-K or ?" : >rt b\ l.ixr r ^ ', or £r*r.T.s 'rr>rn ^h^ I riled 5t*tn^ incioo'ir^ t pr'ivi^o:! tf.it cacn contricl^f *nd n;i«-roritri<lr>r »-Sili furrt^H •*«•! T « »l*tfm?" '^ ? * %^ilh r^-J-pcrl In !lir *^i^t* pjiid fid) crnpiovnr rjunn? thr prrct^':r^ v-rck. ^-cclon JOOI of 1 ill^r 13 (Lrjt^3 ^U!f» CoicJ j^-£i ^tse**^/ -- 'J^p^y lo «.'jr!i s'.drmcnU. ' . - ---XXX--- ' • '• • . ' • - • Pursuant to the i(ortMi-J Ariti Ki'-l.hic^. Acl. if>^ >-crctir% 01' L»}tH". I nilrd Milr* iJrpirt.-rrrl of L^l'Of, Ku proniul- ' • F»I*rf *i'c ^r^[i!(*^^on^ herriitaftrr vrt forth, whirh rVeT^'tw.-.* tre lou.^J in T;tir IT/. Suhlil'^c A.CxK?< of Fe^-rnJ K-r^-'tiorv,. ' P«t 3w 7 !ic Irnri "I'ni* p>.-1%" »* ii^cd iri the r<-^u!jliua.. I.rrc ini^'ltr v:l lor'_n, rcfcr< to Pirt 3 !*^4 *>>*- mrr.:>cr.r-:. 5tiJ ir^- Mt^tkinA wr « follow*' i 29 -LABOR Subtitle A - Office of the S^etrtrry of Labor " . . TAKT 3-CONTKAn O?.!s AVD SUrXONI^ACTO?^ ON H^LIC KL:1.L1>[NC OR f'L^LIC KORK HNASCZD IN V-.liOU; OR IN I'AKT RY IXJ/VSS Oft GRANTS FROM Tt!£ I'NUT.D STATES SrctJon 3.1 Turpoxj rnd PTOJ^. ' * \ • ' TJii* |>>rt prrwnlvt "tntt-V.icltU'.rt*' ff ulilinrw IO^T trct>jn * of I^.^ Art of J ur-.c 13. 195-1. u i.*a 276^). |H'put*.Hy V. nown i A thr f>i-^I/r-.J Act. Ttu* jn/l *: J.'!K* tx> ins rf>r>.ti»f\ v hkh in i-uS-rcl lo r^^-Tt ftfxi whirli u f- •: llir con^'.ru* tion. [roi^-'ti/hon. cf'mplr'.M'jn. c-r rc>»ir r»f p»^ii«" buil^it^*. puS-K1 vwi* r< ftntncrj in v. Jx>Ir <* in ^*rt \>\ l^irii r-r jrr»nt» from iSf L ntc j Mitr«. 1 f»r [-«rt i.t irM-n^d to 1*0 M-\ iV »rvvotfnuni v* ^r jTOvwvjnt <>f tSr [j it%*-K»"*y.m Act »nj [r-c » i/K>u* Hilutc i dTz^tr1./ with 1 t fV ffllv -ij^— .s-Uvi vcic»-»on> %*hich *rc r*jl iuJ>*cc< to R^orj ^\n^i 1 JHs.tf(s#*'--^; / \ 1 ^^srft^^ .iw»..«.,t..c. I'a -p & of 33 " 9^5 .' Page 67 (e-g^tfir College l!ou»ing Act of lfJ50, the Fed»r*l Vv'ater Pollution Octroi Act, irvj ihr Housing Art of 19!>9), znd in the titforter.-jT.l of Iht ov'Vtimr pT-jvi-Jur.'* of liic Contract VV'orV Hours $lJ--*.dAr<l> A<:t wjwtnever th<*y arc tppUcvhlr tn con^ruclK^i worV. 'i he part cJ-rliiU the oh'rr.atson of contractors and j-ubcor.irjctor*. rtiJli»e lo thr HfcV.lv njh minion of fU'rini-nt* r<-sard- ing tlif v-**£c* p^i'J on VfOik covered thereby; i<U forth the cucijrr,-4iMCr* z:id prfMTtduirn pyvcminj tfvt making of pa\ roll i:^-- ductioni from the wa^cs of I ho it employed on such work; an' c'tlinratrv thr rnrtho^s of yf.) mfM jrf rmis.Mbte on MJC!» v,ork. Section 3.2 Definitions. A* v^d in the refutations in thi* part: ^n) Tiie term**'btTi!cir:;j" or "v/otl;" j;rntTilly include conduct Jon activity *s d"tt.tinpui5.!\rd frorn m*niifd»*tun"n-, * fuinirS:''!/ of inji^ rials, cr wrvicir.g snd rnsir.tf nanct s* ork. "1!^ Irrm^ i^lutl!*. ** ilhout hrn it it ton. building, st rue lure ^, and irnprov^mf.nt* of r.\\ t\ p^s, such as briH^ff. dams, pl-znt*. highway4, pju-l.^. »\ s, s-tnrct*. Ribwiss. lunnr!*., v^rr^. ruainv. jmwf r- Jcvc<*, acd t J,TS!*; drfd^ns, fhorip^, sea! folding, ('rilSin^. l-lj.slirs. «vrjv»nr,£. t Itannj^ jnri I^ntl<Crtjnr\^. Unlr^C'tJijurt^d in evunr^t'or. vith /-,nj al liit nit of iucb a builiiir;^; or vorV. 2.5 i.« dr^cnbr-J in l-c foregoing i-cr.tcnccf lh< manufartutr or furni>S- irir of ras*?!"*.?!*, zrtjclc*. supptK1*, or c^uiprnf n* («• h'lhct or not i r t*j*itl or 5lilc Agency icxjuirc* titf? io Mich rnatrruls. "artlclt's. ixjp^-ljri. or tquipnif :il clunp^ the cour^ of thr rnanufactur* c< f-jrnijhir.?, or o*--n« tii* materiaU from which thry *rc msnufsctof.*ri or font!jhcd) is not * "binimrv;*' ct "wort** within ihe m-rinmg of th« rrgui^iionrt in ihi* pan. (b) The tc«*m* "conrSrt/ctton," "pro-vcutk»n," "complftion." or "rrf^ir"" m*jn z}\ 1) r-e# of work done on a pirlicuUr building 01 *V'C'tt il thr »itc ttter^jf. U"ic!t>-Jin/1. >-Hhoul lirrttj'.ion. allirinj.rf fnc»i-:li;i^.. ptinting stnd rli-ooratmj, Inr lr*n--c-»rt- ing of m/frm.i* isr-j s-up^Ii'rs to or fronj the b'-iUirj o* v-ort by the crr:»*-c\ tc* of the cvnHructK>a ton IT actor or construe tn>n vmfc. bv j<rso.*>t rmploveti M the sat( by the contractor or sutfcor. trie lor. {t\ TVvt. trrrri) "public liuJ'tJir^" or **pjfii'C work" irtc!u^-i b'jf*dir_r or **o:\. for whoo-c construction, proventK>n, co^i- htrtK*?>, Of r?s»ir. cs t'rfincd alx>vc. it r tdcrjl Av5?nc> t* • conir?.ctin^ pu"iv, rc/,irijlcs!. of whether title the*ruf u in a J cdtr*l (*J) *Hir tern11, "buildiri? t-r \*-(>rV fir.ancrd tn wKoI* or in put by Icar.* or crania from the fitted Slstrs** inc!uo*s LuiM- ir.g or vrorl. for v^io>- contlru^li^n, pro mention, corr-.pletion. or rt^aj'. * ; 3tiinv$ tSt *T , pa\ inrnt or psjl p?\ rirnl i* rn» '•• ducclly ot in^.irf »•:.<)' ii-om funii* pcoviJrd bv loan* or j.ta-rit!« b) i Frdr:*' I^T.CV. The Urr't do-;.- ROT inc!ud- bui'difvj i-r >ori. for v!\!c)» fV«Jcr^ ^.^isJiitfx U Iiuiitcc! H;*!1:!)* to lov> r^jirinlrr;. or.ir.suri.-.-cc. {<•) Kvrry pcrnon paid by a contactor or subcontractor In any tns-.rvr for hi* lolx>r in the cur.jUi;clkm, prt--/-(ulk«n. • ' " corn;-!rr^>ri. or ie r^air of * puJ.'.jc buil'iifg or public votk c>r bu;l'!ing ct ^tri. fi.-vii-iced in \v h-j!'- or in part b) I'^m* ur p-^nt* him #nd t'if rt.al c(npV»ycr, {f} The term **«r\y i ff;'!j'r.J j»*r*s>n'* includr* R ipo>u*;% chil.J, pwrnl, or o"»Kcr cV»r r<titi>c of t*c contrjrlor or Kut>- Coritr*rtt\ci * i**rtriti or ofiictr oi tlic tontfactor or tubcc-,ritr>•:;•>•". » cc*r^«3r*'.Kjn ctc^cK connTtt«J v. ith thr cofslra^lor or rttbcor.tiictor m parrnt, substiii^ry 01 other vise, I;M\ an oE'iccr or ',~cr.t oj tursi corjKM-al>jn. ^p^ *n»c term "Ffdrra! p^rt'Cy" rn^zji* thr L'nitcd Si j'.rs, t!x Di-lncl of Columbia, ant^ all rutrutivr d'p*r:nfn!i. in- iat'lo'Jiii* o^forj-lKir.*, »;i or *»i£.-tAndaily aU of thr i-dfi. of *• h:c:i i* !-Trf»c«ill) nwrrni b> th*- I,ntied Stair-, by ll< Ui-i.n-1 of ColutubU, tx- tnj of l!t< (o»r^ni|t drp/rlrrienls, cilii.-iiiSrrt'pts aje'nc.r*. tn J i/mrurntnliititiri, SoccTorv ^.U WrcV.ly strttcnurnf villi rc-\j>cct to paymrnt^of %v?jf^. • ^y) As «'<':! irt tJii« •*-c*,^trt. l;t* lern "tinpk'y*-^"* »-S*il rw»t ipply l«.» j.tr!Ofi* in cl*-^»:fic*lion» liJ^lKt thtn lh*l of lalx-f cr i; 10 0*. 68 (.500.3 • • Exhibit 14 &'aiivt3i*ii&iSlJ^ (1>) V-X'Ii ton tract or or t-nbomtrjclor cn^n^ol in lV»c cflrv4xuc1»c*f», ytoscrutton, com j»lrl longer repair of jnv j-ul.tic tiiaMin-* <-r j'uMic v(>rU. of InnUm^ c-r *-orV. Oruntrd in **!•:• I*- or in j.j/t l»} loan* c< p^t»t\ from I!K- UritUtl ?utf «. Ji.ilt fivnc-li -rsil» ^*«-U a ^latrmritt ».it!i rr-fxcl to ihr v, 3;;r> (>j.*cl rjcK of iL» fiuplvyccs cr.^j^rct on xork covered li\ 20 Cl'U Part?. 3 *nr! ."» J-.tt »M^ \\.r- ^m rct.i^ *tvV U j»j% n>U \» tv*4., 1 Kt» »-t *u n^Til Ju'il IfC c*»'<:utr<J 1>\ tli? tonir jclor or v..\y:on- tr>r ttw *>< li) utt iiiil«jti/cd ufj'tvrr nr tt<i',»t<i) f r of^lnr rontr^'Lo^ r!r mUcoulrjctor who M.ij»cr» i>/rt 0*c ] «% niritl «.f w J;T*. and »Iu11l>f-on {.»r,ii \VI1 3-UVSutriiirtil of Cwnu'ltjiicc"', or o-i A A ^jrt-.tin! funi* <»n tl.c It^cl of \\'ll 3l7,"t'.n rol! (r,.t T-oii- lr»rU>ri Cl[ :>.n.*l I >^) ' or *>n any t'yrm %»ilh iJr»lK.iI ^ord>nf. ^>jjj»l<--co^>r* of V\ 11 ^ 17 sr-.t! ^\-U 3 Vrt nuj- l«f tiu^tri) f/orj «<tifni r)i*U i>ot *j«j-lv to fr-w coiHracl of $2.000 or ITCT. (^) Up.oi* ^ writlcn funlm* L^ llir Vic*d of « f cJcr/j ?^tncy. tl< Sccr<rVwy of l.*wor m*y frovitic rci>oniLV amUAtlon^, »»rijitHji:v. lolrrancrN, ati-3 rxrr/ti.iiuns frurn thr rnjunre^v.^tj of iJu* srcl»*i tubjfcl to sit-cli cor*dilK)n.i ts tlic Sccrrliry, o( Lalx*r in^y sjx-f ify. l29F.K-9j.Jan. *. l964.»>ar0ri»ardal33F.R. lOJROJu!r 17. 1%3] Secliori 3.4 Submission of vctUy statements .tivi the pi^srrvalion 2nd inspection of vetJtly j-*a)To!J records. (*) »c!i **-c»*Vly .-vUU-nicr.t n*«juircJ unJo § 3.-1 vliaU Lr drlrvrrcd I*) i!>e conlracKx or ^ubcvntrjr\or. vil:ii:i ?cvcn ^*jt aftrr tlic trpiljr pjs iiicnl vLilr of tlir j»a^ iu!! pcrv^J. Vo & rr(xr-^ni.>!i\c of * Kcdf r*I or Slzlc a;*'-nr\ in ciii^*" al Oir •Jtf of l»r IjuiMnij; « *«of'Iv, or , if tin rr is no r\-frtT*-7nt*!t%? oft i-iii'-Tai ;w ^lilc r^cncy *t lh*r iJtc of tire Suil-Jir;- of v.orU. itir vl^lrntfot >Ii3JM*^ inailrt? \,\ iJw; Ci*ntr Jvtuf ur ;u1:>cvi.*.:?ctcvr, v-diun it*ch I tin**, to a f-cd?rx! or Slalc *<cno (Xintrjctin^ f(X" or fij».MU'inj; li«r lun!Jitt^ t.r wuri.. Aftrr sucb f\c in itta '."».•:• i» t.-^:! t!.crV. n m#y he miJc. suclt it?tcrifnl.or » c^px tlirrt-oi", tluii l«c 1. '•(•I *\.iib!jlr, r-r -Ou'l !«• tr?n»trniJrd lo*r(l.vr xith a icf<rft of rny violet IOM. in jccxHdanrc v!Ui I j'plf:il*tc j»ra\r jurr* j>rr>CTi!^c> \>y tlic Urii'.cd Slil-r* iJt-pjrlinml of I^K-T. ?•• (U) Vl^rli c onUarior or su.^or.trattor *.lu!l [•Tr^rvr 5^5 ^«-fvt>, ^o\ioU iccorH> for t jKTio<3 of tltrct year* from djtr of coir*t-J' li"" of lli-r fi-nlrst'. "U^ p^; rt>li r* c ur<U 4;iM «-ct c-cl *tc*if ilrK j:x3 coii\j>l*-V' !v vHe nm-.c i«fi *dJ.T»>ic-i e-arti l.>iK^.Tt »tnl mccKjuic, IIK CL-fT'-cl i**vtf^vlii»n. ri!« of i»a\ , djiK irvi *.o:klj r.-mr^r of liouri Ht»ri.t(J, drciiM.lk»n« nii--c. ir-.J acltul w*£« p.a^d. 5tidi j'j\ tut' rcc<_irJ> J;jli l^- ni**tr s\^.ii!«tc -I *"• I^OTS for irr^p^clon i>) ;'r« <onU?ctinj offscct c-f \-\r *nllioriicci ff jti»f*f« »tivr. j;Ki 1-y auttfjriicd it j»rrs^n;3tivr> of U.c I*rj-ir;n-<r.t uf L-»Lr«r. Section 3*5 Payroll deductions permissible without ipp-licanon to or approval of llv?> Secretary ofl-ibor. T^cdvKtKtiis nujc uinlcr ll>c ciicurnvljncci or in O.c v'tsalvjni fJc-vcifbcii *" tl*c |«ira^T*|ila of ihH wction r.ty l-c tna^c wilViOul *j.(ilicrftk»n lo anJ jpi'n-^il of (he $r crrti/j of l-jix:^: * (>) Any JcJuction r^i'V «n rvtinptuntf ^tth tl-f t^orrrr-ent* of iV^fT^l. St*tc,or IOCA! Uw, 5txK xs Frilcrjl tx State VtlIi!*ctlO'n' income- tAx^f amJ 1 c Jcr*! ?<»»*( al ?^curtt\ ti\ci- t.) Any J.-ilurlK>n of i-;rv» j-fr»if u-lj paal 1^ t:i«r i r-.:.Vj\ <•<•-»,* A Ifjn* TMc pr-jiaynicnt of »''»;c* ^l^n s-_cK pTCj»j\ IT nl c %-. (tlujul 0»-4.».uni or in:* :..-t. V "^OM* lij.- prc i>4> ^* -"-I. of w «^r*.*" i* cott^idc fJ lo «->^c IKCH ru-^r o*^lv *-!:^:t ( t-\: or )i\ jit-Til lia- t.rTir 3, J\ Ji.rf -J tu llir pcisoa f nij'«v.<\ rO 11 «v< n in inner *s *o f ivc liim cotnj'Ulc f:*et!oto of ti.»^.Ori(tt.-n of l1.-c Tt) fund*. (c) \nj JrJuffitHi of 3(nc*«jnu f.-'i'iif-rt l»\ KM. rt I-TOO-U lj iv paJ^i lo *r»otlirr. vnlcu t!ic ra^lc/r, MiLrontr.it tuf of *M\ afi'ilMtr J jvi^m, t*r vl^rn cx*V.-,->iott or coIUI*tKit»ori txttlfc. of \}.c jo 'iOaaajT^ 5/75V^/J 31 of 13 .Page 69 CS00.3 Exhibit 14 (<3) Any t^duclJon corvntilutino; A contribution on l^halfoftKc r<ron employ f<\ to fuml.i r*t jljK4ifil by the employer Or frpce*vrjstjlivta of rn">lovrci, ur both. fc>f ll^r pru r{-o^t' of pru»vltr^ titl«rr fr-*ni [Tincipjl or income, or both, rn^dira! r»f ho*pilil c^ir. p^-iv.-iJOfii cr sr>:iuit!<rj on rturrmrnt. d *-atS l>rnc fit a, co"i-xni<-jU<>n f'tf cnuri'S, illn^ w, jtccid^nls, fuknrs^, or cis'i^IilV , t"*" f'ir IP,>»jr3r«cc to rre-vi;ic if*> i>t lr-c f*'***»TT'ti'1«r. o-r uri'fnp'ovnicnt K*"H' fits, v j'.:atKin pjv, *jvm'^ accounts, t>r nmil^r f>*j rncnl* for tV*c hf nef il of f r:>pl-j> c-:i. Ihcir f jmilf* ard d'p^r.drni«.' f'ff.-t tri^d, ^ou rtcr, Tb^l l!ir f--i!!'»win^ ^^a^ldlrt! ure met: (!) TKc cl'.'Jocti-m ts not othrrwi^ proruhitf-H b\ li>; (2) it t- rith-r: (t) \ *tiuntanly ron-rnf-d lo l»j llm rmp|o\rr in v/ritir;/ jnJ in zdvAr>cc of llic period >n **l ich liv voc'k i> lo J" dor,^ ar.d -:jrh rttnw-ni i> rrot a «f»jtdttK>rt f itlt«T fur Idr ol/t>mif.^ cf or ffir taT cun'inuJlion of *-Tr»pl'j* r.if nl, t>r (it) pro* nl?d f'T in a !/'»'i.i fj'lo fullertiyr Kjr^a irnfp a^r«'i-(r.iT.t b*"* |v/e<ii ll.r contiarlfvr or *uSconlractor and rrprrxntj^i*r< of it-- nri^<-.vrr>; (Jij r«» pn«fil i»r *»thrr b^nffil is t»rltt-rv.i-.^ u!itjim-i dircctiy or ir.di/ecUy, by lK* corstrsclt f f>r «ui>r.-on;rjt:U;r of any *;r»iislr<;l p<rw>n in U.r form f»f rtininii^-iun. tlivi«lrfiJ, or (c) Any deduction conlriSuling to^wd ibe purrhj>r u( I'mlrd Mjlrs I)rfrn-^- Slamp-* jnd H'*nd^ v.'K**ri voluntarily jsuthoru-ctt !>)• ibr cmployrf. " . - ^(^ Any t!eduction rtiao£'«lrrf bv the e-nplover IL» rnjK-If him lo rff!*v loans l-» i>r In purcnasr jl-.iirrs in rrr-Jit unK^ns organirci? and optr*l«J in tccord-inr.^ HJlK F^drr?J and ^Ule credit ur;^n fUlul*-*. r<H'trrtrrj*-(fl.al aji-ncici, MicK *s thr Amcncan Rrd (-ro><. (li) Anv d«*fJoctiof» \i^buTtariiy puihoni^d Kv ihr rniploj rr Cur tl.c intVin^ nf rontriUution^ to Cornniunily Ciirslrt, l?tn!cd riivfj> T UP&-., £A'i jjiijliaj" cSirittb'c ttr^iPt7al><»nA. (i) Anv lU-Juctwr^ lo pxy t--£ul*r union initijii'jn -f t?, -^-^u *•(, ~f\ ih«I a ct»!»pf tivc t«r?iinm2 a ~«T rn^ti >yrr» j>ro\i(Jr5. for <tic!» u^tlurtions and ih* H^Uuctts *. m»t im-Inciinc ftn^r or *J^rial asf-^*.':?n'-ni^: «<r !-ub«-or.lra<~lt>f and rrpfr^ulalt**1*. of it^ (j) A.ny rf*-Juct Jon n-ol morr lJ:in for ih'' "*rrj^iin?J»I»- i o>t"of l",ird. UK^/ITIJ. or ot^trf f*^i!ai*-^ ncrtit*^ the rr^jnirr- mm I* c-( trclion -\n"-} cf iJic Fair 1-jJnir Sl.jndird* \c[ of I'J'P*. s- i^m.lrt!. arr-! i'irt".*"U of this lilt--, tt hen Mi<h 3 d^ilnf Iwn is tn.x!f f '»(• adJilKirvj* rrf\jrtis rrrjtiirrd unrjrr § o If* .27 (a) ,>f iKi^ til;*- *i.i)l br V- j.t . Section 3.6 Payroll deductions j>crmi%Mblc v.itli the approval of (he Secretory of Labor. Anv contractor or fcLiIjContrjtcU'f may applv lo l^»** Sr*Ttijr%' ol fr.it'.rd vinij^r § 3-ii. The 5^-crtli/y i.-uv t"TJ"I (*TiT»ivton ^licn'vrr (w ; ^1:c f ontrirlor, swtKOntiai'lor, or an\ afiilijlrj |«-r*m »!»><•* r^>l rr,A«- 3 profit «.r Jx-u^ftl dirTliy **r indirrrily frurii L^t^n rithrr sn ihr form eft C(.>ni!ni-.-i<.n. dtvijmd. ur nlh^-rv. r>v; (!>) The df durUim U rol olhrrwi^ pn"'"ibitrd bv !*v-;* (c) 1 hr rfrtluflioo i> cttlur ( I) \t>lunl^/il\ ton— -nt*:J tr» by tKr cn>ployr»- ifi v rising and in ji{v.t;irt- ».f tb' |K-n<«! in v, JucS * voif. 15 lo !>'. done any sin h rnn^nl ts rs>l a o.vlit r'^n -ilrirrr for tKr ttlt'.jimr** i»f < inpl-^ in«r.t «.r it^ f <*ntimiA!ir»> , t«r ,'J) ovtdrj ft»t" in » b*»r:» fi-Jc cotUi'tivr t>.u ^41(110^ *iTTf fntrul i»- 1 wrrn (S*- «-oiii#i tc-r »ir -»nln «'rlr»- t-»r i;nl r« -j.r»^f nljtur* <»f iu rc-t; and — ••• 1 ""f ll«" ^ntj^nvr'-. ' ,«•***« tr^c^-MAJaAxe KV^T ' W^- '/5j«/^t^r^7Wya *»»KV D,C. c-»t/.s 12 of :.v 9/75 Page 70 ;.: O. ^—-' C5CO.: ri^»iJ3S^ Section 3,7 'Applications for tlic approval of (lie Stcrcl^ry of Labor. Any *pfTfir*«ti&ii fur tfi-' nulii'g of pajfuU oVi!ur(xTx> iWor '§ 3.6 ?fuJ/ co IbtkiHnnj |>3N^,TMi«Ii» of I Jus yefiori: at»5n>jj v.i!J !,sr gtvrn Tt^r ^cJvt. lior.> onfy on sj>«-i ific, iu^*i;fi'^!'cc»Mlj'jcl.'«. r\ (c) *^lc *ppfit*(«»n ^luH ^ jic *ffinojri*f !y ifial tJ»r:r r< ro-T.^-iianc^ v .3,6. 7 lie iffi/malioii f.'ull ix" iK;cx>tn}'jnic«J h\- ^ full slrt«-rnf r.I of tlic fjc:* --» /]or~(K>rt t> lo \ ^*-^up.^ of cxccj' w«^i ^^ forlli in l of F-iI u*i of l!/r prof-^-"J di-^:nlK>*i, the ;n^jov io b-r .« ll»o ^rojv>srJ J^xidclMMi v,ouM Kr JHJOC. t»d tr.c 71»C appficjlv,vrj slitll Mate H'C nanif i-id Lit>uK*i of Any t.'unf j-cr:<-n tn v. horn ^/n~ fL-*xJ» obt^inrd l"n>» »J (tuc!k>n\ arc lo be lrzi/i>/niIlcJ *nd ifir sfTitiJlia.i of 'OfJt w-r>an. if j/iv, w^h cJ?c jr-^-Ixra/il, 3.S Action by fhe Secrci.irv of Labor upon .ipplications. s1 5srcnrliry of I^ior s fjjIJ c?rf;c5>- wlu-ihcr or nol LHe ir^^K'stccI dc-Ji^ctjon I? j>*r7?irik*>;>!if brxJrr ^«~o\ish.>r:* of .')' ihc ^j'^ilrc.int in v»r.t«i| uf /us Jrckitxi. ^cfJOn 3.9 JVoIiii^'frd payroll deductions. * "- *> r^vJuctior.s uiil cl^tvtliirfc |*rovjjt-rl for hy liu* J'^rl *nj ufiJih »rc nol-fourvj to l-e prr^wittblr uncJcr § 3.6 *rr ^ Section 3.10 Melhodsof jKiymcn! of wzges. tfon foi K hi'.Ii tUu'trclioMj arc [v.-rmi'o'b.'': tinker lliis j'jrl, Npolf*-rnt< ColU Cocc'jno ALL ' ' • Section 3.1] Rcguljlions.part of contr.icf. Jio^A of j'*vn*cut K1**.1* br rtcv'iuinJ on ^cvi. v.hjccl /.If contr2*"l< in^Jt* wit Ji r*">[>^ct to liir con-Irucli'j'i.-j-rv^cwUjn. corrtjittlk-.»;*. cr tt;a=r of *nv jvlx'fc SmW*--^ or ] ^S'ic or building or wcwi finj-icrtf i-'i ^ ho'< or j/i part b> ixjn5 or ;:a/;is fr«:rn [he L'nil? J ^I**r* covrrrtf b\ t V rr£-.-Jl»f is in llws j'.Trl >!t.»fl c»^ff .vfy liind i!it cont.-jrlor or tui'tontr*rl.'rf- to CCM.'.^;MV viih<uchofthr rrftlxii^tf i:i l:ti$ p*Jl ii jr.ar i>c ^j»- pftCjMc. Io itus rrgj; J. see § 5..' (*) uf I J«i< wblillr, v^rft us «/rr.(!'ivi'.r f'S/.-nr.-i EXECUTED IN X COUNTERPARTS Page 71 PERFORMANCE BOND KNOW-ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the Ci,ty of Carlsbad. S.tate of Cali- fornia, by Resolution No. "JO£>S> adopted UQ-TOPtf/g, /Qi has awarded to __ *A ._ ^&iJ((JLs) /JlCtSO/) @4- L hereinafter designate^ as Che Principal", acontract for: DOWNTOVJN PARKING LOT IMPROVEMENT - CONTRACT NO. 1122 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 con- tract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; and NOW, THEREFORE, WE, QL < S.O i IdlZ? fllOU^ O A? £U as Principal, hereinaf terOdesignated as the Contractor", as Surety, ace held and firmly bound unto the City ,of "Carlsbad, in the sutn of'/rAofe^U rJl/1\JL."> KCU.^AY\A ^^C (\mVftC^fl ^._iQrlT^6 lf\ ^" Dollars (g L[C{ Lai^'OJO. ^» said sum being equal to 100 per cent (100%) of. , the est unated 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 agreo.in.iuts 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, itr. officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it nhall remain in full force and virtue. Page 72 And said Surety, for value received, hereby stipulates and agrees- that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an • individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the / Ce^ day of fj6!/C<f/71 h&Q-J , 19 M . (Notarize or Corporate Seal for Each Signer) BALBOA INSURANCE COMPANY Surety CATHY M. BATSELL,- r\ STATE OF California County of San Diego ) ss: ) On this. Judy. E. Harcum _ before me County of San Diego . State of California _, a Notary Public in and for the said _, residing therein, duly commissioned and sworn, personally appeared Cath^ M. Ba.tsell known to me to be the A ttorney-in-Fact of the Balboa|ftlSa*aii|fe^#&paiiy, '$j^ corporation that executed the within instrument, and acknowledged to me that he'&ubscribed^he name, of tfqe Balboa Insurance Company thereto and his own name as A ttorney-in-Fact. Lf* I , » I : *1 (I «// . ^ «!.//», / X^. . 1L002ZR776 Notary Publiv in and for the County of San Diego State of California BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH. CALIFORNIA 92660 oPA-lill POWER OF ATTORNEY VALID GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint. CATHY M. BATS ELL - nf San Diego and State nf California its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) - Maximum Penalty $350.000.00 OTHER CONTRACT BONDS - Maximum Penalty $250,000.00 ALL OTHER BONDS - Maximum Penalty $50,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1982" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, _ Balboa Insurance Company has caused these presents to be signed by it« Executive Vice President^.^rcrc^^ corporate xa\ to be hereto affixed this 3rd day of BALBOA INSUR By \J Feb. 6,1948 / / State of California County of Orange On this 3rd tiay^ "if-^"^ September , A.D., 19 81 before me personally came Jack M. Trapp , to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Vie jo, California , that he is Executive Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. T. C. MAKISHI NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Sept. 23. 1983 Notary Public I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN, under by hand and the seal of said .Company, at Newport Beach, California, this ' w day Of THIS POWER OF ATTORNEY EFFECTIVE ONLY ^^^ IF ATTACHED TO BOND NO. LO^O Y^j %b $ ^^^^(| // Secretary B2tC*7Z \ I Page 73 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest editionof the Standard Spec i f icat ions for Public Works Construction 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 Ml sheet(s) designated____ as City of Carlsbad Drawing No. _£^3T3=L__' T^e standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued" 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. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations neces- sary to complete the project work as shown on the project plans and as specified in the specifications. 3 • DEFINITIONS AND INTENT a) E ngincer: 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 accom- panying these provisions unless stated otherwise. Page 74 c) D irect ions: • . 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. 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 oper- ations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indi- cated, 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 trans- port at ion. 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 preconstruc- tion 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. Page 75 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 ^5hall diligently prosecute the work to completion within 3O consecutive calendar days from the date of receipt of said "Notice to Proceed. " 6 . NONCONFORMING WORK' . f 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 dis- covered during the guarantee period shall be repaired or re- placed 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, in- cluding 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 Ordi- nance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construc- tion Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish in- spectors 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 re- lieve Contractor from any obligation to fulfill this contract. Page 76 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 in- serted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correc t ion. 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 comple- tion of the work, shall be provided at the Contractor1s ex- pense 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 comp1iance. 13. SUBSTITUTION OF MATERIALS The proposal of the bidder sh'a 11 be in strict conformity with the drawings and specifications and based upon the items indi- cated 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 which 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, tVie 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, Page 77 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 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 draw- ings 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 comple- tion of the work. 1 5 . 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 re- quired 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 agai-nst 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 emergen- cies, 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 so ordered should result in a delay to the work, the Contractor will be given an equivalent exten s ion of t ime . Page 78 W17. 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 V7orkers 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 or registered civil engineer to perform necessary surveying for this project Requirements of the Contractor pertaining to this item are set i forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal, No separate payment will be made. 'CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as of date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency American Society for-Testing Materials U.S. Government National Board of Fire Underwriters American Institute of Steel Construction American Standards Association Underwriters Laboratories, Inc. Department of Commerce Standards American Concrete Institute Abbreviation ASTM Fed. Spec NBFU AISC ASA. in; cs ACI •WA.TKR FOR_CONSTRlinTT ON The Contractor shall obtain a construction meter for water utilized during the construction under this contract. The Contractor shall contact the appropriate water agency for re- quire m o n t: s . Co p. t r i\ c. t o v n h n 11 include cost of water an <1 in e t o r rental within appropriate, items of proposal. No ocpnrate pay- ment will be 'mado. Page 79 SPECIAL PROVISIONS 1 . Clearing and Grubbing Clearing and grubbing shall include but not be limited to, the removal and disposal of all asphalt paving, concrete curbs, gutters, sidewalks, driveways, trees or shrubs, wheel stops, iron posts and rails, wood fence, P.C.C. Blocks and any other deleterious matter necessary to accomplish the construction of the improvements as shown on the plans and as specified in these Special Provisions. Material removal shall conform to the requirements of Section 300-1 of the SSPWC and these Special Provisions. All concrete, asphalt paving, and other materials removed shall be disposed of in a manner acceptable to the Engineer. The cost of the material disposal shall be deemed included in the lump sum price bid for clearing and grubbing and no additional p&{^f£^ will be made therefore. 2. Trenching and Backfills All trenching shall conform to the requirements of Section 306 of the SSWPC and these Special Provisions. Backfill excavations as construction operations permit, but not before all work to be covered has been inspected and approved by the Engineering Inspector. Backfill shall consist of non-expansive, predominately granular soils as approved by the City. Place backfill in loose lifts not more than 8" thick and mechanically compact to at least 90% of the maximum dry density obtainable when tested in accordance with ASTM D1557. ' Payment for trenching and backfill shall be considered as included in the cost for the individual items of work and no additional compensation will be made therefore. 3• Finish Grad ing A. Before and during finish grading all weeds and grasses shall be dug out by the root and disposed off the site. Page 80 B. Finish grading shall consist of finishing surfaces by raking smoothly and evenly and removing and disposing off site all extraneous matter to facilitate natural run-off water. C. The moisture content of the soil shall not be so great that excessive compaction will occur; nor so dry that a dust will form in the air or that clods will not break easily. D. Finish grade shall be smooth even and uniform with no abrupt change in surface. Soil areas adjacent to buildings shall slope away from the building to allow for positive drainage. Low spots shall be graded to drain properly. E. The plant ing areas shall be graded to a level 1-1/2" below the grade of adjacent pavement walks, curbs and headers except where directed by the Engineer to allow for drainage. F. Payment for finish grading shall be considered included in the bid item for grading and no additional payment will be made therefor. 4. Concrete Curbs and Gutters, Sidewalks, Cross Gutters, Driveway Approaches, P.C.C. Alley Apron A. The construction of concrete curbs and gutters, •sidewalks, cross gutters, and driveway approaches and alley aprons shall conform to Section 303-5 of the SSPWC. B. Portland cement concrete shall be 2500 PSI and shall conform to Section 201-1 of the SSPWC. C. Concrete sidewalks *shal1 be 4" in thickness. The cross gutters and alley aprons shall be 6" in thickness. D. Reinforcing bars shall conform to the requirements of Section 201-2 of the SSPWC and these Special Provis ions. E. Joint dowel bars shall be 1/2 inch ASTM A615 Grade 60 steel. »«**»>' Page 81 F. Brush markings on sidewalks, driveway approaches shall be uniform, even textured, using new manila hemp bristle broom or equivalent tools as approved by the City. All formed edges shall be rounded to a radius of 1/2 inch. G. Concrete paving shall be remarked as necessary after final finish to assure neat uniform edges, joints and score lines. Scoring lines shal have a minimum depth of 1/4 inch and a radius of 1/8 inch and shall be located as shown on the plans. H. Measurement and payment for concrete curbs and gutters, sidewalks, cross gutters, alley aprons, driveway approaches and concrete shall be included in the bid price for these items and no .separate payments will be made. I. Payment for concrete sidewalk shall include all labor, equipment and materials necessary to construct the sidewalk, including the brush finish complete and in place as shown on the plans, as specified in these Special Provisions and as directed by the Engineer. J. The cost of any excavation, fill or other street construction work not specifically listed as a bid item shall be included in the bid prices for various items of work and no additional payment will be made there for. 5. Asphalt Join A. The contractor shall saw cut the existing asphalt road surface along a line as directed by the Engineer to provide a smooth join section and to allow sufficient space for the installation of the gutter form work. B. After the removal of the concrete forms, the apvement shall be replaced with a structural section consisting o 3" of asphalt concrete over 6 inches of aggregate base mat erial. C. Asphalt and base materials shall conform to the require- ments as specified in the asphalt pavement section of these Special Provisions. Page 82 D. Payment for asphalt concrete paving and aggregate base material including A.C. joining shall be included in the bid price of asphaltic concrete paving and no additional payment will be made therefor. Aggregate Base A. Aggregate base materials shall conform to the requirements of Section 301-.2.1 through Section 301- 2.4 o the SSPWC. Asphalt Concrete Paving A. Asphalt concrete shal be Type I-B-AR-4000 and shall conform to the requirements of Sections 203 and 302 of the SSPWC. B. Aggregate shall conform to Subsecton 203-6.3.2 and shall be Type I Class B. C. A prime coat shall be applied to the surfact of the untreated aggregate base at the rate o 0.25 gal/SY. The prime coat shall be gradt SC250. D. A tack coat shall be applied on abutting concrete surfaces, along the saw cut and on existing pavement to be resurfaced at the rate o 0.10 gal/SY. The tack coat shall be Type SSI asphaltic emulsion. E. A seal coat shall be applied to the finished surface at the rte of 0.10 gal/SY. The seal coat shall be Type SSI asphaltic emulsion with a 60-70 grade liquid asphalt. F. Before final acceptance of the work the contractor shall, in the presence of the City Inspector, test all paved areas for correct water run off by flooding with water from hydrants. Any area where water remains standing shall be broughtd to correct grade to prevent pond ing. G. Compensation for the asphalt concrete paving and aggregate base, including prime, seal and tack coats for the parking lot and roadway join section, complete and in place, shall be included in the unit price bid for asphaltice concrete and aggregate base and no other compensation will be made therefor. Page 83 Seal Coat Existing Paving A. Existing paving shall have a seal coat applied at the rate of 0.10 gal/SY within the limits shown on the plans. B. Seal Coat shall be type SSI asphaltic emulsion with a 60-70 grade liquid asphalt as specified in Section 203- 3 of the SSPWC. C. Payment for seal coat shall be included in the bid price for asphaltic concrete, and no other compensation shall be made therefor. Asbestos Cement Pipe A. Asbestos cement pipe shall conform to Section 207-6 of the SSPWC. B. Asbestos cement pipe shall be installed at locations indicated on the plans. C. Payment shall be per lineal foot, in place, per Section 306-1.6 of the SSPWC, and shall include all excavation and back-fill necessary for the installation of the additional compensation will be allowed therefor. Page 84 10. Obstructions and Coo per at ion • The Contractor shall coordinate his/her work with that of other trades to avoid conflicts and shall cooperate with other forces working in the area in order to achi.eve a timely completion and allow work to progress in a logical manner. Due precautions shall be taken and care excercised to protect other facilities that may be in pl^ce at the time Contractor is performing the work. Should the Contractor in the CQurse of the work encounter any obstruction that requires a design change or special construc- tion method, he/she shall immediately contact the Engineer for supplemental instructions and not'ify the affected agency whose facility may be involved, and proceed on the basis of written instructions from the Engineer and such agencies. . 11'. Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and" shall comply with all .applicable provisons 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 andprogress of the work, all necessary safeguards for the protection of the workers and public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. The Contractor shall notify the City of Carlsbad Police and Fire Departments 24 hours prior to beginning work. In addition, the contiguous property owners shall be notified 24 hours prior to beginning of work and also during the progress of work if sub- stantive traffic flow changes .or driveway closures will affect their operations. 1^ • Cutting, P at c hi n g The Contractor shall do all cutting, fitting or patching of the v; o r k that may t>e required to make its several parts come together properly and fit it to recei.ve or be. received by work of other contractors shown upon, or reasonably implied by the Plans and Specifications for the completed structures, and Contractor shall make good any defect as the City may d i r e c t. The Contractor shall not endanger any work by cutting, excavating or otherwise altering the work and shall not cut or alter the work of any other contractor save with the consent of the City. Page 85 13. TRAFFIC REQUIREMENTS IN CARLSBAD CITY STREETS: The Contractor shall arrange his/her work Tn su ch a manner that the following traffic requirements are satisfied: A. Provide and maintain one 12-foot traffic lane during Contractor's normal working hours and two 12-foot traffic lanes after normal working hours for all streets. Any one street shall not be simultaneously reduced to two lane's at more than one locat ion. B. The complete closure of any street requires prior approval of the Engineer. C. Vehicular access to any property in the project area shall not be blocked off. 14. TRAFFIC CONTROL IN CARLSBAD CITY STREETS: The traffic control includes the construction of detours, street closures, and related work necessary and required for the construction of the storm drain. A. Notifications: The Contractor shall notify the following City departments 24 hours prior to the start of work on this project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-5541 Police Department - 438-5511 Fire Department - 438-5521 TheCity of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs 'to be posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be removed by the Contractor immediately when not required to facilitate the work. B. Barricades, Guards and Safety Provisions: To protect persons from injury and to avoid , property damage, adequate barricades, bridging, construction signing, warning lights and guards as required shall be placed and maintained during the progress of construction work and until it is safe for traffic to use the street or highway. All piles of materials, equipment, pipe and other objects that may serve as obstructions to traffic shall be barricaded and have warning lights. Page 86 The warning lights shall be of intermittent flashing type, amber in color and shall be working from one-half hour before dusk continually until one-half hour after dawn the following morning, and when visibility is poor. All safety rules and regulations of local and State authorities shall be observed. Portable delineators, including the base, shall be composed of a material that has sufficient rigidity to remain upright when unattended and shall be either flexible or collapsible upon impact by a vehicle. The base shall be of such shape as to preclude roll after impact. The base shall be of sufficient weight or shall be anchored in such a manner that said delineator shall remain in an upright position. If the portable delineators are damaged, displaced or are not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The vertical portion of the portable delineators shall be predominantly orange color. The posts shall be not less than 2-1/4" in width or diameter, if tapered, shall have a cross- sectional area of not less than 100 square inches measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be 37 inches above the traveled way. Fluorescent traffic cones shall be of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of sufficient weight and size or shall be anchored , in such a manner that the traffic cone will remain in an upright position. C. Traffic Control: In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades and other facilities for the sole convenience and direction of public traffic. Page 87 Also, where directed by the. Engineer, the * Contractor shall furnish competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems. The Contractor may be required to cover certain signs which regulate or direct public traffic. The Engineer will determine which signs shall be covere d. Construction operations shall be conducted in • .'"*v . such a manner as to cause as little ****" inconvenience as possible to abutting property owners. All streets and highways used by the Contractor shall be kept free of debris, dust and mud by the Contractor. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, : public traffic will be better served and work expedited. Any proposed modifications shall be approved in writing by the Engineer. Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. Page 88 One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper. Whenever work is being performed adjacent to a lane carrying traffic, the edge of lane or edge of pavement shall be delineated by placing temporary portable delineators adjacent thereto. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices. Full compensation for furnishing, placing, maintaining, replacing and removing construction signing, barricades, delineators and traffic cones; for covering signs as directed by the Engineer; and for furnishing flagpersons shall be considered as included inthe various contract items of work involved and no separate payment will be made therefor. 15. DUST CONTROL: The Contractor shall furnish a water •supply vehicle on the job site. The Contractor shall apply water in the amounts and at the intervals as directed by the Engineer. The water supply vehicle and an operator shall be available upon a reasonable notice as determined by the Engineer for after-hour, weekend, or holiday dust control work. If the Contractor is not available for dust control measures, the City will arrange for the work to be performed by others and will deduct all equipment, labor, and material costs thereof from the contract amount. The Contractor shall place a 1" thick temporary pavement over storm drain trenches within intersections as soon as they are backfilled to prevent dust from cross traffic. The Contractor shall furnish a street sweeper vehicle on the job site and- shall sweep areas as directed by the Engineer. 16 . NOTIFICATION TO RESIDENTS AND PROPERTY OWNERS: 11 shall be the responsibility of: the Contractor to notify in writing all property owners and residents along any street closed to traffic at least 24 hours prior to closure. Page 89 If driveways are to be closed, theproperty owner and/or resident shall be notified in writing 24 hours in advance, and the period of closure shall be specified to the affected resident or property owner. All costs involved in notification shall be absorbed in other items of work. In the event of failure to notify by Contractor, the Contractor shall, at the direction of the Engineer, restore property access immediately. 17. PROTECTION, RESTORATION AND CLEANUP OF EXISTING IMPROVEMENTS: The Contractor shall be responsible for the protection, restoration or replacement of any improvements existing on public or private property at the start of work or placed there during the progress of work and not specified or shown on the plans to be permanently removed. Existing improvements shall include, but are not limited to curbs, gutters, cross gutters, sidewalks, driveways, lawns, shrubs, trees, fences and walls. All existing improvements shall be reconstructed to equal or better the existing improvements removed or damaged. The Contractor shall select his/her equipment with a view of minimizing the damage to street. The equipment or the type of construction method used which tends to inflict unnecessary damage to the street, in the judgement of the Engineer, may be ordered discontinued unless the Contractor demonstrates, to the satisfaction of the Engineer, that modifications to his/her methods or equipment will not inflict unnecessary damage to the street. In submitting a bid, the Conractor will be deemed to have carefully examined the site of the work and to have become acquainted with all conditions relating to the protection and restoration of existing improvements. The City does not guarantee that all improvements are shown on the plans and it shall be the Contractor's responsibility to provide in the bid for the protection and restoration of all existing improvements except those otherwise specified herein. All curbs, gutters, sidewalks and driveways shall be removed and replaced to the next joint or scoring line beyond the actually damaged or broken sections; or in the event that joints or scoring lines do not exist or are three or more feet from the removed or damaged section, the damaged portions shall be removed and reconstructed to neat, plane faces. Page 90 All new concrete shall match, as nearly as possible, the appearance of adjacent concrete improvements. Dumping or storage of materials or storage of equipment in public rights-of-way or private property requiring subsequent cleanup shall not be perritted unless written permission is secured from the agency having jurisdiction or owner of the property and submitted to the Engineer and approved. All costs involved in protection, restoration and cleanup of existing improvemets shall be included in other items of work. 18. STORAGE OF MATERIAL IN PUBLIC STREETS AND ALLEYS No materials shall be stored in public sidewalks, driveways, parking lots and alleys. No material shall be stored other than those where the waterline is to be constructed as part of this contract, and then only within the limits of the construction subject to the additional restrictions listed below: A. Water pipes may be stored on alley for a period not to exceed five (5) working days. B. Excavated and backfill material may be stored on alley for not more than five (5) working days. C. Construction equipment may be stored in construction zone, only if access is provided to adjacent parking lots at all times. Any storage of material and equipment in the parking lots must be accomplished by prior owners permission. All cost involved to comply with the above requirements shall be included in the prices bid for various items of work, and no separate payments will be made. Page 91 19. UTILITIES Utilities for the purpose of these specifications shall be considered as including, but not limited to, pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) and those of private industry, business or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, street lighting and traffic signal systems. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the plans is not guranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all utilities and their service connections. The Contractor shall make his own investigation as to the location, type, kind of materials, age and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition he shall notify the City as to any utility, appurtenances and service connections located which have been incorrectly shown on or omitted from the plans. 20. INSTALLATION AND TESTING OF PIPE Requirements for pipe laying, joining, testing shall conform to Section 306 of SSPWC, 1982 Edition and these provisions. 21. PIPE LAYING When installing asbestos cement pipe, fittings shall be supported independently of the pipe. Half-lengths (M.E.E) of pipe shall be used in and out of each fitting and wherever pipe passes throught a rigid structure. At least two lengths of pipe shall be placed between any two fittings not directly connected. Pipe may be cut by means of saws, power-driven abrasive wheels or pipe cutters which will produce a square cut. No wedge type roller cutters will be permitted. FIELD JOINING OF ASBESTOS CEMENT PIPE The maximum allowable deflection at any joint shall be 3°. Page 92 22. CONNECTIONS TO EXISTING WATER MAINS All connections to existing water mains will be made by City forces. Before beginning any work, the contractor shall contact the Water Superintendent of the City of Carlsbad Public Works Department for permission and any special requirements. 23. PRESSURE TEST After the pipe and all appurtenances have been laid and backfilled and the required compaction obtained and approved, the pipe shall be subjected to a four-hour hydrostatic pressure test. This test shall consist of subjecting the pipeline to a hydrostatic pressure of 75 psi in excess of the designated working pressure specified for the class of pipe at the low point in the section being tested. The line shall be filled with water at least 72 hours prior to testing. While filling and immediately prior to testing, all air shall be expelled from the pipeline. Where air valves or other suitable outlets are not available for releasing air or applying the test, taps and fittings approved by the City's representative shall be installed and later securely plugged. The pressure in the pipeline shall be pumped up to the specified test pressure. When the test pressure has been reached, the pumping shall be discontinued until the pressure in the line has dropped 25 psi, at which time the pressure shall again be pumped up to the specified test pressure. This procedure shall be repeated until four hours have elapsed from the time the specified test pressure was first applied. At the end of this period, the pressure shall be pumped up to the test pressure for the last time. Pressure test equipment shall be inspected and approved by the City representative prior to use. Leakage shall be considered as the total amount of water pumped into the pipeline during the four-hour period, including the amount required in reaching the test pressure for the final time. Leakage shall not exceed the rate of four gallons per inch of normal inside diameter per 1000 feet of pipe per 24 hours. If leakage exceeds this rate, the leak points shall be located and stopped, and all defective pipe, fittings, valves and other accessories shall be removed and replaced with sound material and the test shall be repeated until the leakage does not exceed the rate specified above. All perceptible leaks shall be similarly repaired. The lossage will be from a contained chlorinated water that will be accessible to measurement of water used in the four-hour test. 24. PIPELINE STERILIZATION All pipelines and appurtenances shall be sterilized in accordance with AWWA Specifications C-601. Chlorination shall be accomplished by a chlorine solution having a CL residual of 50 parts per million after 24 hours. The solution shall be made with either hydrochlorite tablets or gas injection equipment. Sterilization and the hydrostatic pressure test may be conducted concurrently. Provisions shall be made to protect against chlorine damage in case of a leak. Sterilization conducted separately from the hydrostatic pressure text shall be accomplished with approved chlorine injection equipment. Rechlorination, for any reason, shall be by injection. The contractor shall furnish all labor, materials, including water, tools, and equipment necessary to provide and complete field sterilization as specified.t- As the pipe is being laid, hydrochlor ite tablets shall be attached to the inside top of the pipe at each joint by an approved non-toxic adhesive. The tablets shall have an average weight of .009 poinds each and shall contain not less than 70 percent available chlorine. The practice of crushing the tablets between the pipe and collar will not be allowed. The following shows the number of tablets that shall be used per length of pipe to provide the required residual: 4 tablets per 13 feet of pipe length is required. Payment for all equipments, pressure testing, and disinfecting, of water line shall be included in the bid price for water pipe and no additional payment will be made. 25. a) The Contractor shall coordinate with the Utility Companies for relocation of their lines during the cons truct ion . b) The Contractor shall make due allowances for any delays caused by such action. c) The Contractor shall be entitled to an extention of time for such delays without increasing contract amount.C