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HomeMy WebLinkAboutSteiny and Company; 1985-12-09; HES-5101 (11)rp r."i rp n v. c- t (,..,.3 , „ ,. «-• ... _ I t'y^lj (2-jrnfjany, ANAHEIM CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, SPECIFICATIONS AND SPECIAL PROVISIONS for FEDERAL AID PROJECT \ %""\ HES-S10K11) and HES-S344(1) for INSTALLING TRAFFIC SIGNALS AT: CARLSBAD BOULEVARD AND GRAND AVENUE; and EL CAMINO REAL AND CHESTNUT AVENUE IN THE CITY OF CARLSBAD For use in Connection with Standard Specifications Dated 3uly, 1984, Standard Plans Dated July, 1984, General Prevailing Wage Rates Dated July, 1985, and Labor Surcharge and Equipment Rental Rates. INSTALLING TRAFFIC SIGNALS AT: CARLSBAD BOULEVARD AND GRAND AVENUE, and EL CAMINQ REAL AND CHESTNUT AVENUE IN THE CITY OF CARLSBAD TABLE OF CONTENTS NOTICE INVITING BIDS 1 PROPOSAL 3 EQUAL OPPORTUNITY CERTIFICATION 5 LIST OF SUBCONTRACTORS 6 GOVERNMENT CODE SECTION QUESTIONNAIRE 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL 9 CONTRACT 10 LABOR AND MATERIALS BOND 12 PERFORMANCE BOND 14 SECTION; 1. Specifications and Plans 16 2. Proposal Requirements and Conditions 17 3. Award and Execution of Contract 20 4. Beginning of Work, Time of Completion and Liquidated Damages 22 5. General 23 5-1. Miscellaneous 23 5-2. Federal Minimum Wages 32 6. Federal Requirements for Federal Aid Construction Projects 38 7. Blank 68 8. Materials 68 9. Description of Work 69 10. Construction Details 70 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 P.M. on the 26th day of September , 1985, at which time they will be opened and read for performing the work as follows: INSTALLING TRAFFIC SIGNALS AT: CARLSBAD BOULEVARD AND GRAND AVENUE; AND EL CAMINO REAL AND CHESTNUT AVENUE IN THE CITY OF CARLSBAD The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Labor & Materials Bond 5. Performance Bond All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate for Carlsbad Boulevard and Grand Avenue is $64,000.00 and $50,000.00 for El Camino Real and Chestnut. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State Law. The Contractor shall state his or her license number and classification in the proposal. One set of plans, special provisions, and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $20.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, commencing with Section work. Chapter 1 of 1720 shall the California Labor Code apply to the contract for A prebid meeting and tour of project site will not be held, Bidders receipt without bid. are advised to verify the issuance of all addenda and thereof one day prior to bidding. Submission of bids acknowledgments of addenda may be cause for rejection of Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) of the contract price shall be required for work on this project. Approved by the City by Resolution No. August , 1985. Council of the 8130 City of Carlsbad, California, adopted on the 6th day of DATE - 3 - CITY OF CARLSBAD PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92p08 The undersigned delcares 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. HES-S101(11) and HES-S344(1) in accordance with the Special Provisions (including the payment of not less than the minimum wage rates set forth therein) and in accordance with the State of California Department of Transportation Standard plans, dated July, 1984, the Standard Specifications, dated 3uly, 1984, the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage Rates, dated July, 1985, and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. Article Lump Sum Amount 317? Construct Signal at Carlsbad Boulevard and Grand Avenue Construct Signal at El Camino Real and Chestnut Avenue Total amount of bid in words: Total amount of bid in numbers: Addendum (a) No(s) received and is/are included in this proposal. oon. has/have been Bids are to be submitted for the entire work. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and - 4 - figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the uncorrected totals. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. JCe I 3L73 • Identification A . C - JO . The Undersigned bidder hereby represents as follows: 1. That no Council member, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. - 5 - EQUAL OPPORTUNITY CERTIFICATION THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL % The Bidder, $£$/^tuU OU*L^ Subcontractor, A &™^. .J«i.7^ /- ;_. , proposed , hereby certifies that where required he has participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114 or 11246, and that where required he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment opportunity, all reports due under the applicable filing requirements. TITLE; 1//CJ NOTEs The above certification is required by the Equal Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5 (generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. - 6 - The Bidder shall list the name and address of each subcontractor, required to be listed by the provision in Section, "Subcontract- ing", of the Special Provisions, to whom the Bidder proposed to subcontract portion of the work. LIST OF SUBCONTRACTORS DESCRIPTION OF PORTION DOLLAR AMOUNT TO NAME AND ADDRESS OF WORK._5UBCONTRACTED BE SUBTRACTED *S'O - 7 - PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? YES NO V If the answer is yes, explain the circumstances in the following space. PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In accordance with Public Contract Code Section 10232, the ,„**• Contractor hereby states under penalty of perjury, that no more *"***' than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a Federal court which orders the Contractor to comply with an order of the National Labor Relations Board. TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT In accordance with Title 23, United States Code, Section 112, the bidder hereby states, under penalty of perjury, that he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. NOTE: The above Statement, Questionnaire, and Non-Collusion Affidavit are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement, Questionnaire, and Non-Collusion Affidavit. ^, Bidders are cautioned that making a false certification ^ may subject the certifier to criminal prosecution. - 8 - words Accompanying this proposal is (NOTICE: Insert the "Cashier's Check", "Certified Check", or "Bidder's Bond:, as the case may be.) in an amount equal to at least ten percent (10!8) of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE:If bidder or other interested person is a corporation, state legal name of corpora- tion, also names of the president, secre- tary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other inter- ested person is an individual, state first and last names in full. Licensed in accordance with an act tration of Contractors, License No. providing for the regis- By my signature on this proposal I certify, under penalty of perjury, that the foregoing Public Contract Code Sections 10162 questionnaire and 10232 Statement and the Title 23 United States Code, Section 112 Non-Collusion Affidavit are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code}* Date:~3. & - X SIGN HERE > Signature of Bidder Business Place of Place of Address: Business: Residence: Page BIDDER'S BOND TO ACCOMPANY PROPOSAL Bond no. 623057 KNOW ALL PERSONS BY THESE PRESENTS: That we, Steiny and Company. Inc. » as Principal, and <af?m insurance f™"r-»"y ftf %iirica • as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of Ten Thousand Seven Hundred Ninety..Thrpo and Seventy/inn JDollars ($ 10.793.70—- ) > lawful money of the United States for the pay- ment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: traffic signal and street lighting Carlsbad Blvd. and Grand Ave. and El Camino Real and Chestnut Ave. in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of con- tract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Prin- cipal shall not exonerate the Surety from its obligations under this bond. •~ IN WITNESS WHEREOF, we hereunto set our hands and seals this 26th day of September , 1.9 85 . Corporate Seal (if corporation^ Steiny and Company, Inc. Principal Safeco Ipsurance Company of C % \ *p n +Suret By y. L. Anderson Titlc - Attorney-in-Fact - Uotariol acknowledgement of cxe- Attach ncknot.ledge.ent ofAttorney in Fact " '* "'™"8 and must Attach Power of Attorney STATE OF CALEORNIA COUNTY OF On this the. the undersigned, a Notary Public in personally appeared .19 >S.S. before me. for said County and State, .personally known to me or proved to me on the basis of satisfactory evidence to be the tflC€- President, and ___ , personally known to me or proved to me on the basis of satisfactory evidence to be Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknow- ledged to me thj^uch corporation executed the within instrument pursuant to itsj^laws or a jesgUwon gtffs board of directors. FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ROBERT C BAUMGARTEN NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTYMy comm. expires FEB 24, 1989 it*+^*jm^j v ... v V.H. Kt^y.e^Jl STATE OF CALIFORNIA ] ] ss.: CITY AND COUNTY OF Los Angeles 1 On this 26th day Sept. 19_S5_, before me, the undersigned Notary Public, in and for the State, personally appeared .1 L . Anderson > person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my han&mfoWtt^t^tifc^Gth day of Sept My Commission Expires | A.D. 19 85 FORM 116 12/12 Notary Public. I SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY S-AFECO OF S*"^rK**1"i HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 981 85 Bond No. 623057 BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, That we, _ Steiny and Company, Inc. : as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto f.it.y nf rar"UhaH as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the Amount of Bid Dollars (S 10% ). for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for tyaff-jr signal aP^ Street lighting C^r1?harl PI vd. anrl fiyanH flv/o anH FT Tarn-inn Poal anrl fhocfnu-h fl\/o NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of Septemhpr ' Witness Witness Steinv and Company. Inc. (Seai) Principal Title SAFECO INSURANCE COMPANY OF AMERICA . Anderson, Attorney-in-Fact PRINTED IN U.S.A. POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 SAFECO No.5291 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint J. L. ANDERSON, Los Angeles, California its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 19th day of April 19_8L. CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day of September , 19_85 S-1300 R4 8/81 PRINTED IN U.S.A. - 10 - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. Signature (Notarize or Corporate Seal) 5TE1NYAND COMPANY. INC. 4421 GLACIER AVENUE, SAN DIEGO, CA. 92I2O PHONE (619) 584-2676 SAN DIEGO REFERENCES: Dardanella Electric Corporation (DECO) 2337 Vineyard, Escondido 92025 (619-746-2100) General Electric Supply Co. 450 2nd Avenue, San Diego, CA 92101 (619-239-0271) Consolidated Electrical Distributors (CED) 518 3rd Avenue, San Diego, CA 92112 (619-232-6263) Contractor's License No. #161273 Exact Name of Licensee Steiny and Co., Inc. Name of Surety SAFECO INSURANCE CO. How Long in Business Since 1956 Corporation, Incorporated under Laws of State of California Principals and/or Owners Addresses and Business Phone Numbers J.O. Steiny, President 221 N. Ardmore, L.A. CA 90004 (213) 382-2331 D.O. Eisenrich, Vice Pres " " " " J.E. Perry, Sec/Treas D.E. McClure, Vice Pres 4421 Glacier Ave. S.D. CA 92120 (619) 584-2676 Name of Bank: Bank of America; 345 North Brand Blvd., P.O. Box 1031 Glendale, CA 91204 (818) 956-2820 -P.. Colburn Account No. 14642-00050 Kind of Business: Electrical Contractors I hereby certify under penalty of perjury that all of the above information is true and correct to the best of my knowledge. Don E. McClure, Vice President OFFICES IN LOS ANGELES, ANAHEIM, SAN JOSE AND VALLEJd CERTIFICATE RESOLVED that the President, Vice President or Secre- tary of this corporation be and they hereby are, authorized and empowered to execute on behalf of this corporation any and all agreements, contracts or undertakings in connection with the operation of this corporation's business, contain- ing such terms and conditions as the said officers deem neces sary or convenient. I HEREBY CERTIFY that the above Resolution is a full, true and correct copy of a Resolution duly adopted by the Board of Directors of Steiny and Company, Inc. at a meeting of said Board regularly held on May 24, 1974, and that said Resolution has not been revoked or rescinded. WITNESS my hand and the Seal of said corporation. Secretary - 11 - BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used, if notarized or sealed. Date Contract Completed 1985 1984 1984 1985 1985 Name and Address of the Employer Russell W, Grosse5850 Avenida EncimCarlsbad, CA For City of Carlsbac tSulJfiars-Rd.San Diego, CA For City of San Diej j&SJ&rif itsa X£t?°San Diego, CA jjeDt..oi rar.K.s ^Rec2422 Ar den WaySacramento , CA fiszS 2l5§aCa£in-!8Centro, San Diego Name and Phone No. of Person to Contact Cliff Burford S 438-3141 ) H. Johnson 295-0051 o) Gil Scott 565-3931 Dale Sathre (916)920-6821 Tom Car tier 236-5520 Type of Work Traffic Signals TrafficSignals TrafficSignals Traffic Sig Street Light Traffic Sigs Street Light Amount of Contract $64,554.00 $39,349.00 $47,200.00 $131,386.00 s$105,047.00 (Notarize or Corporate Seal) 12 CONTRACT - PUBLIC WORKS This agreement is made this ^ day of j)ev.r^^ __. by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Steiny and Company, Inc. whose principal place of business is 4421 Glacier Avenue San Diego, Ca. (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Installing traffic signals at Carlsbad Boulevard and Grand Avenue; and El Camino Real and Chestnut Avenue - Contract No. 3179 and 3180 ^(hereinafter called project ) 2. Provisions of Labor and Materials. Contractor shall provide ; all labor, materials, tools, equipment, and personnel to "•*- perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders0 and Contractors0 Proposals; the Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment. As full compensation for Contractor"s performance of work under this Contract, City shall make payment to Contractor per Section 9-3.2 of Standard Specifications for Public Works Construction, 1982 Edition. The closure date for each monthly invoice will be the 30th of each month. 13 Payment of undisputed Contract amounts shall be contingent upon Contractor furnishing City with-a release of..all claims against City arising by virtue of this Contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions. Any information that may have been, furnished to Contractor by "ity about underground conditions or other job conditions is for Contractor°s convenience only/ and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 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 incurred 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. 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 -14- by arbitration or litigation. The only person authorized to order changes or extra work is the-City Engineer. However, no change or extra work order in excess of §5,000.00 shall be effective unless approved by the City Council. 8. Prevailing 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. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9* Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the Contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, regardless of responsibility for negligence. The expenses of defense include all costs and expenses, including attorneys fees, for litigation, arbitration, or other dispute resolution method. Nothing in this paragraph shall require Contractor to indemnify City for losses caused by the active negligence of City. 10. Insurance. Contractor shall maintain insurance covering the liability stated in Paragraph 9 in the amount of $500,000 and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this Contract taken out by Contractor. 11. Workers* Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and -15- 11 or proof of workers* compensation self-insurance prior to the start of any work pursuant to this Contract* 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this Contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make availabletothe City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above. Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Security. Pursuant to the requirements of law (Governement Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this Contract or any obligation established by this Contract. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. STE1NY AND COMPANY. INC. Stefe Dceme No. T6T273 Contractor (Seal) -16- (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) ity Attorney Title JAY B. PERRY. SECRETARY By Title CITY, OF CARLSBAD, CALIFORNIA ^7/ tXL^c Mayor, for/Contracts $10,000 and aboveU City Manager, for Contracts less than $10,000 ATTEST: City Clerk Contractor's Certification of Awareness of Workers0 Compensation Responsibility. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers0 compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." . INC* Contracto JAY t PERRY, SECRETARY STATE OF CALIFORNIA COUNTY OF Los Angeles "Hit OFFICIAL SEAL MARY McCLUNG NOTARY PUBUC.CAUFORN* PRINCIPAL OFFICE IN LOS ANGELES COUNTY _My Commission Exp. Mar. n 19g7 ACKNOWLEDGMENT-Corporalion-Wolcotls Form 222CA-X-Rev. 5-82 ©1982 WOLCOTTS, INC. On this 25th day of November, 1985 _, in the year 19_ before me, the undersioiied a Notary Public in and for said State, personally appeared SltlNY AND COMPANY, INC.personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and>Wr said State//Wrsaid Executed in Quadruplicate , -~ j. / — LABOR AND MATERIAL BOND Bond No. 5014135 Premium Included in Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, Statejsf California, by Resolution No. gZ/41 > adopted Q&T- 2-9, 13%!? > has awarded to 3>T~£iNy Co.v.. /ft/C^ _ » hereinafter designated as the "Principal", a contract for: INSTALLING TRAFFIC SIGNALS AT: CARLSBAD BOULEVARD AND GRAND AVENUE; AND EL CAMINO REAL AND CHESTNUT AVENUE IN THE CITY OF CARLSBAD in strict conformity with the drawings and specifications, and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad.\ WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or items used (* ' in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Stpiny an^ rnmpan j as Principal, hereinafter designated as the "Contractor", and Safeco Insurance ConiPan^sofsAg^Pf $ are held firmly bound unto the City n f Pa r 1 «?h a rl i n > h p <?nm nf S1?6 Hundred Seven Thousand Dollarsof Larlsbad in the sum of M Hundred .Thirt Seven Qnd.no-. .-srr( $ 107r937.DO ____ ) > said sum being one hundred percent (lUu?o) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind outselves, 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, provision, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor theron of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. -18- This bond companies 1192.1 of action to bond, as Government shall inure to the benefit of any and all persons, and corporations entitled to file claims under Section the Code of Civil Procedure so as to give a- right of them or their assigns in any suit brought upon this required by the provisions of Section 4205 of the 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 Contractor November WHEREOF, this and Surety , 1985. instrument has above named, been duly on the executed ??nH by the day of (Notarize or Corporate Seal for each Signer) Steinv/ana Cotnoa,. u.AJ t PERR •»*».-Cont ractor Safeco FFlsurance Cojnpany of America : L. Anderson, Attorney- in- Fact Surety STATE OF CALIFORNIA CITY AND COUNTY OF Los Angel es ] ss.: On this 22nd dayMovcmbcr appeared .1 o » before me, the undersigned Notary Public, in and for the State, personally a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this•i!iii!iiii!imiMiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii OFFICIAL SEAL My Commission Expires = gg RUTH L. Y NOTARY PIIRI ir.-C. PRINCIPAL OFPKTETN ^r LOSANGELES COlTNtV My Commission Expires August 19,1989 •••-•••••"••• mil i i 11 III III III IIIIIIIIIIUIII FORM 11612/82 November A.D. 19 85 Notary Public. STATE OF CALIFORNIA dOUNTY OF Los Angeles OFFICIAL SEAL MARY McCLUNG NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp. Mar. 11, 1987 ACKNOWLEDGMENT-Corporation-Wolcotts Form 222CA-X-Rev. 5-82 ©1982 WOLCOTTS, INC. >ss. On this 25th day of.November, 1985 ., in the year 19_ before me, the undersigned, a Notary Public in and for said State, personally appearedJay t. Terry - Secretary S I L I NY AND COMPANY .INC.persnna||y (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for sail Itate. - 1 8 - 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 any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the ??nrl day of 1985. (Notarize or Corporate Seal for each Signer) Steinv JAY E. PERRY7SECRETARY Contractor Safeco Insurance Qompany of America . Anderson , Attorney-in-Fact Surety STATE OF CALIFORNIA CITY AND COUNTY OF Los Angeles ] ss.: On this 2?nd dayNnyprnhgr 1985 , before me, the undersigned Notary Public, in and for the State, personally appeared J. |_ Anderson a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my My Commission Expires | November OFFICIAL SEAL RUTH L. YA" NOTARY PUBLIC-CA PRINCIPAL OFFICE IN ~ -tsiSBS*- LOS ANGELES COUNTY = i My Commission Expires August 19,1989 = fliiiiiiiiiiiiiiwiiiiiiiiiiiiiiiiiiiiwiwimimiiimimwimiiifr. A.D. 19 85 Notary Public. FORM 116 12/82 STATE OF CALIFORNIA COUNTY OF Los Angeles >ss. OFFICIAL SEAL MARY WicCLUNG NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY __ My Commission Exp. Mar. \\^ ACKNOWlEDGMENT-Cmpwation-Wolcotls Form 222CA-X-Rev 5-82 |)19B2 WOLCOTTS. INC On this 25th'day of November, 1985 in the year 19_ before me, the undersigned, a Notary Public in and for said State, personally appeared Jay E . Perry - Secretary STEINY AND COMPANY. INC. personally known to me r proved to me on the basis of satisfactory evidence) to be the person who executed the thin instrument on behalf of the Corporation therein named, and acknowledged to me that e Corporation executed it. ITNESS my hand and official seal. Notary Public in and tor said State Executed in Quadruplicate -19- Bond No. 5014135 Premium: $642.00 PERFORMANCE BOND" r - - •* ; KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, The City Council of the City of Carlsbad, State of California, by Resolution No. J?2-HA , adopted Q&T, ?.9 19% f, has awarded to 57"<g7/V/ Y Co.'._hereinafter designated as the '"Principal ", a contract for: INSTALLING TRAFFIC SIGNALS AT: CARLSBAD BOULEVARD AND GRAND AVENUE; AND EL CAMINO REAL AND CHESTNUT AVENUE IN THE CITY OF CARLSBAD in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract. ^ NOW, THEREFORE, WE, Steinv and Cpmpany, Inr. __ _, as % Principal, hereinafter designated as the "Contractor", and Safprn TrKiiranrP Pnmpany nf flmonv|s Surety, are held firmly bound unto the City of "".Carl shad, in the sum of One Hundred Seven Thousand Nine TOffl&^V^gfVfjj, Q0 ), said sum being one hundred per cent (100%) of the est'fiffated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind outselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the ** terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 SAFECO No.5291 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint -J. L. ANDERSON, Los Angeles, California- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this.19th day of April , 19.81 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ??nH day of l\|nvpnihpy , 1935- S-1300 R4 8/81 PRINTED IN U.S.A. -21- SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 General -- The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications, and these special provisions for the requirements and conditions which he must observe in the preparation of the proposal form and the submission of the bid. The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifica- tions will be found following the signature page of the proposal annexed hereto. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of and the Proposal Plans, specifications, and contract forms for the work contemplated; and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the Special Provisions, and the Contract. It is mutually agreed that submission of the proposal shall be considered prima facie evidence that the bidder has made such examination. The quantities given in the Notice to Contractors, and in the Proposal and contract are approximate only, being given as a basis for the comparison of bids. The Engineering Department does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer. PROPOSAL FORM. All proposals must be made on blank forms to be obtained from the City Engineer at his office in City Hall. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered, and the names, titles, and business addresses of the president, secretary, and treasurer. It is the responsibility of the bidder to make certain his bid has been properly received by the City Clerk. The City of Carlsbad will not be responsible for bids not properly received -22- />: >""•'••. by the City Clerk under any circumstances. All bids received by the City Clerk after the scheduled time of the opening will be rejected and will remain unopened. There will be absolutely no exceptions to this condition. REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. The right is reserved to reject any and all bids. BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (105S) of the amount of said bid; and no bid shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. PAYMENT RETENTION CLAUSE. ' In conformance with the State of California Government Code, Chapter 13, Section 4590, the contractor may substitute securi- ties for any monies withheld by the City of Carlsbad to ensure performance under the contract.ff ^w-At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Carlsbad or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. 2-1.02 DISADVANTAGED BUSINESS AND WOMAN OWNED BUSINESS ENTERPRISE. This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Paticipation By Minority Business Enter- prise In Department of Transportation Programs." Portions of the Regulations are set forth in Section 6-1.04, of these special provisions, and the Regulations in their entirety are incorpo- rated herein by this reference. It is the policy of the Department that disadvantaged businesses (DBs) and woman owned business enterprises (WBEs) as defined in said Part 23, Title 49 CFR shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal Funds. The Contractor shall ensure that DBs and WBEs, as defined in said Part 23, Title 49 CFR, have the maximum opportunity to participate in the performance of this contract and. shall take all necessary and reasonable steps, as -23- set forth in said Part 23, Title 49 Contractor shall not discriminate national origin, or sex in the subcontracts. Failure to carry CFR, for such assurance. The on the basis of race, color, award and performance of out" 'the requirements of this paragraph shall constitute a breach of contract and may result in termination of this contract or such other remedy the Department may deed appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DB and WBE participation in this project, although there are no specific goals for DB and WBE participation. After completion of the project, if DB and WBE particiption is obtained, the Contractor shall furnish the Engineer with the names of DBs and WBEs participating, with a complete description and the dollar value of work or supplies provided by each such DB or WBE transaction. 3-1.06 INSURANCE. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, maximum $500,000 Bodily Injury and Property Damage combined (each occurrence and aggregate) comprehensive general liability is required. -24- SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract", of the Standard Specifications and the Proposal Requirements and Conditions of the Special Provisions for the requirements and conditions concerning award and execution of the contract. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of bids. All bids will be compared on the basis of the Engineer's Estimate of quantities of work to be done. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds. Each of the said bonds shall be executed in a sum equal to: One Hundred percent (100%) of the contract price for the Payment Bond (labor and material) and one hundred percent (100%) of the contract price for the Faithful Performance bond. One of the bonds shall guarantee the Faithful Performance of the said contract by the Contractor; and the other of the said bonds shall secure the payment of claims for labor and material; both as required by the State Contract Act, Sections 14371 through 14375, inclusive . Bonds will be furnished by surety companies satisfactory to the City Engineer on forms provided herein. 3-1.04 EXECUTION OF CONTRACT. The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days, excluding Sundays and legal holidays, after the bidder has received notice that the Contract has been awarded. No proposal shall be considered binding upon the City until the execution of the Contract. Failure to execute the Contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded to him, shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. 3-1.05 RETURN OF THE BIDDER'S GUARANTEES. Within ten (10) days after the award of the contract, the City Clerk will return the proposal guarantees accompanying each of the proposals which are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees except those forfeited will be returned to the respective bidders whose proposals they accompany. - 25 - SECTION 4: BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATION OF DAMAGES 4-1. Attention is directed to the Provisions in Section 8, "Prosecution and Progress", of the Standard Specifications and these Special Provisions. 4-2. The Contractor shall begin work within fifteen (15) days after receiving notice of said approval of the Contract and shall diligently prosecute the same to completion before the expiration of ninety (90) working days from the date of said approval. The Contractor shall pay to the City of Carlsbad the sum of One Hundred Dollars ($100.00) per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. In no event will liquidated damages, as provided for in this Section 4, exceed $100.00 for any one calendar day's delay. - 26 - SECTION 5. GENERAL SECTION 5.1. MISCELLANEOUS 5-1.01 PREVAILING WAGE. Attention is directed to Section 7-1.01A(2), "Prevailing Wage", of the Standard Specifications. The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication, entitled "General Prevailing Wage Rates", refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the contract. 5-1.02 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5, Title 2, California Administrative Code. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth herein, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth herein. The Specifications are applicable to all nonexempt state construction contracts an subcontracts of $5,000 or more. NONDISCRIMINATION CLAUSE 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handi- cap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evalua- - 27 - tion and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontrctors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Admin- istrative code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOVERNMENT CODE, SECTION 12990) These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more. 1. As used in the specifications: a. "Administrator" means Administrator, Office of Compli- ance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority; b. "Minority" includes: (i) Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin); (ii) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America or other Spanish derived culture or origin regardless of race); (iii) Asian/Pacific Islande (all persons having primary origins in any of the original peoples of the Far East, Southeast Asis, the Indian Subcontinent or the Pacific Islands; and ' (iv) American Indian/Alaskan Native (all perons having primary origins in any of thee original peoples of North America an who maintain culture identification through tribal affiliation or community recognition. - 28 - 2. Whenever the contractor or subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California (Nondiscrimination) Construction Contract Specifications, either directly or through incorporation by reference. 3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through (e) of these specificat ions. 4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women whall excuse the contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto. 5. In order for the nonworking training hours of apprentices and trainees to be counted, 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 opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor or the California Department of Industrial Relat ions. 6. The contractor shall take specific actions to implement its nondiscrimination program. 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 must be able to demonstrate fully its efforts under Steps a. through e. below: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. (Reserved) c. Disseminate the Contractor's equal employment opportun- ity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed. - 29 - d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employ- ment decisions, including all supervisory personnel, super- intendents, general foremen, on-site foremen, etc., are aware of the Contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly. e. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all person- nel and employment related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. 7. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor associ- ation, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and partici- pant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the con- tractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete "***»' benefits of the program are reflected in the Contractor's minor- ity and female workforce participation, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's. 8. The Contractor is required to provide equal employment opportunity 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 Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) if a particular group is employed in a substantially disparate manner. 9. Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104 (b) of this Chapter shall create a rebuttal presumption that a contractor is in compliance with the requirements of Section 12990 of the Government code and its implementing regulations. 10. The Contractor shall not use the nondiscrimination standards to discriminate against any persn because of the race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status or age over 40. 11. (Reserved) 12. (Reserved) 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCR and to keep records. Records shall at least - 30 - include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identifi- cation 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 indi- cated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily under- standable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. NOTE: Authority cited: Sections 12935(a) and 12990(d), Govern- ment Code. Reference: Section 12990, Government Code. 5-1.03 ASSIGNMENT OF ANTITRUST ACTIONS. The first sentence of the first paragraph in Section 7-1.013, "Assignment of Antitrust Actions," of the Standard Specifications is amended to read: The Contractor's attention is directed to the following provisions of Government Code Sections 4551, 4553, and 4554 which shall be applicable to the Contractor and his subcontractors: The following is added to said Section 7-1.013: "If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery." "Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action." 5-1.03 PUBLIC SAFETY In addition to any other measures taken by the Contractor pur- - 31 - suant to the provisions of Section 7-1.09, "Public Safety," of the Standard Specifications, the Contractor shall install tempor- ary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations -- Any excavation the near edge of which is 12 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. (b) Excavations less than one foot deep. (c) Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes, where the slope is steeper than 4:1. (f) Excavations protected by existing barrier or railing. (2) Temporarily Unprotected Permanent Obstacles -- Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications: Approach speed of public traffic (Posted Limit) (Miles Per Hour) Work Areas Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. When traffic cones or delineators are used to delineate a tern- - 32 - porary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When work is not in progress on a trench or other excavation that requires a lane closure, the traffic cones or portable delinea- tors used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. 5-1.05 DB AND WBE RECORDS The Contractor shall maintain records of all subcontracts entered into with certified DB andd WBE subcontractors and records of materials purchased from certified DB and WBE suppliers. Such records shall show the name and business address of each DB and WBE subcontractor or vendor and the total dollar amount actually paid each DB and WBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared on Form HC-43 and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. 5-1.06 SOUND CONTROL REQUIREMENTS Sound control shall conform to the provisions in Section 7-1.011, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 dba at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordi- nances regulating noise level. Said noise level requirement shall apply to all equipment of the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. - 33 - 5-1.07 SUBCONTRACTING Attention is directed to Section 8-1.01, "Subcontracting," of the Standard Specifications and these special provisions. The requirement in1 the third paragraph of said Section 8-1.01 that the Contractor shall perform with his own organization contract work amounting to not less than fifty percent (50*) of the original contract price is not changed by the Federal Aid requirement in Section 6-1.05 of these special provisions that the Contractor perform not less than thirty percent (30?o) of the original contract work with his own organization. The "Subletting and Subcontracting Fair Practices Act" (Govern- ment Code Section 4100-4113, inclusive) applies to the items of signals and lighting and requires subcontractors, if used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for violations of the Act. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DB and WBE subcontractors after the completion of the project. Each bidder shall, with respect to the items of signals and lighting, list in his Proposal: 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construciton of the work or improvement, or a subcontractor licensed by the State of California who, under subcontrct to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. 2. The portion of the work which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. A sheet for listing the subcontractors, as required by the Subletting and Subcontracting Fair Practices Act, is included in the proposal. 5-1.08 HIGHWAY CONSTRUCTION EQUIPMENT Attention is directed to Sections 7-1.01D, "Vehicle Code, " and 7-1.02, "Weight Limitations," of the Standard Specifications and these special provisions. Pursuant to the authority contained in Section 591 of the Vehicle SECTION 5-2. FEDERAL MINIMUM WAGES - 35 - 5-2.01 Minimum Wages.—Attention Is directed to Section 6 Federal Requirements, of the Special Provisions and Decision No.CA83-5H9» of the Secretary of Labor, Included herein. SOPERSEDEAS DECISION STATE i California COONTYi San 01*90 -51H MTXt Datt of Publication: CA82-S122 dated September 3. i»t2. i« 47 n 3*075 DESCRIPTION OP WORK i Building Projects (Including Residential Projectsconsisting of single family homes and apartments up to and including 4Btories)i Mavy Projects (escludln« Mater Matar Otillin«)t Bigbw.y Projects and Dredging Aa>E»70a HCSXSW BO1LEXMMCEM BRICKLAYERS I STOMBUSOHS •KICK, BLOCK and STOMXMASONS' TBQOtS CMtpnrrtMtCacpantara Piladtivat Nillwrightai Pnaiaatle •ailart lardwood Ploor- laytraCBonrr MASONS iCracnt Masons Color Horkt Composition, Mastic or EpoxyjPinlshlng Machintj Curb Kaehin* DIVERS: DiverStand-by DivtrsT*nd«rDRYKALL INSTALLZRS/ LATHERS DRYWAI.L PINISRERS ELECTRICIANS: Electricians Cable Splicers Utility Technician Sound Installers ELEVATOR CONSTRUCTORS:Mechanics Selpers Probationary lelpersGLAZIERS NcMly 21.2921.3*19.09 1S.42 18.5418.81 U. 1C 14. CC 14.96 42.17" 21.06 20. OC 19.90 15.31 22.15 22. CO 1C. SO 1C. 47 22.24 15.57 11.1217.87 £X. 93.883.9C 3.St 4. 54 3.893.89 3.89 C.87 C.87 3.893.893.89 3.233.48 3.78* 3«3.78+ 3% 0.4>311.46* 3% 2.69+a2.69+ 4% 3. IS IROHNDRXIMi Pence BrectoraReinforcing Ornaaentali StructuralXMU6ATIOH and LMM SPRIMKLBRS LIME CONSTRUCTlOMi Oroundaan Lin Cable Bplicera PAINTERS lBrush, Paint BurnerBrush (swing stage), SprayPaperhangers, Spray (swing stage) sandblaster (swing stage)i Iron, steel and bridge painters (swing stage)> Iron, steel and bridge painter, Spray (swing stage)Sandblastert Iron, steel and bridge painter (groundwork); Iron, steel and bridgepainters. Spray (groundwork); Riggers, climbini Steel; Brush, climbing steel and bridge; SprayCliic&ing »tt«l andbridgeSteeplejackTaper $11.41 17.30 15.00 1C.83 21.8C 22.1C 11.37 18.62 18.87 19.37 88.53 8.51 39% 3.65*413.45* 4%3.65* 4% 4.C7 4.C7 4.C7 4.67 19.12 4.C7 20.02 4.67 19.37 4.67 MW-01 S.D Fttkrai R«gUt«r / Vol. 48. No. 181 /\ llay. September 16, IMS to C• iOO MCIIIOT M. 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IttMk M»»te«> •revp 4i Aopkelt M Oawrot* Plant MfloMti Aepkelt M•preMlo* OperMM Iteoplee, or f lalMlopli Mpkolt PMiao, NeckleeOperetor Itorker MOM M elollor typeli ieleoer.lc Cork McklMiMlt •plleer or VvlCMleeri MB. l.loe Mot Pec tori Mfoer recto*M eloller Operetor i MIoM Cree» Operetor i MMa* type Mloeoer•o* Toretokle Operetor i Ceet-le-|>lece teylof Meekloei CeooloetloeOperetor Hbeilte owkli Oeocrete UlcerHlMt MptM MileMo loroeMlPever orleee JMko M«o loltk AtMty**Mll- MX: • Ioo .....jete CiMlnoi .— ....... •UtloMry Pipej Neckloei Creoell Olleri Imee Tw* m»t __.•tor IMt PleMli VfOMMl Oiler lloeMetlonel i Truck IOM Oiler , «| ••Milt PlMt~tcklMi CM •tOCM* IW tMll MM|MMW||to~4 ft'.H Concrete Mrloe NMklM i CklpKI PIMey U>co-Mleti lUkllMHeckle*Operetor', truck oomte«i ONCUI pMH !• OM MOt.>o««lro<li MM Mfloo (pMrotori Motoll MorMM |OII«r •coop »i A-froM Vleek Trock Operktwi ftepkelt Plent orConcrete Mtck Plont Operetor looere eeoMrclol paver leoot e»e<, •• leee tkeo one Generator Operator le re^ulrealie««k«>t loreeolKO Heck lee Operetor |lpree«*r Mr end elnllei tlOMl OBplOfM M«ll M C«VllIO*ll UMMMM tlM OMpMtor 4•toiler typoi Uft MklU Mcrctuc toiler to««lft«li lift SIMMcklo* Operator rvoftkor« M« •l>ll«r tfpMli Mterlol MistOperotM II orwMi MeklOf McklK* Operator tl/4 *«.| toileriot«lto«l(rokMr-tlfo*. roll M tree* tfpoli Pile Mlver Ope-retor toller (OMlrOpecetM IMckUf-pt•kleM ItMMlli PM AcplMlt •pfcM eU* Op*r*tec•It flMrpMMiri •••••n or MUttwn Ucptatt of eonci«t«(i a»•>«t* Jol«l MMkliw OpccitOf ICMil snd •l*ll*t trpt) i Co»-«t«t* n*<M( Opccktoti ••cdekawi lallfUM t*p*li D(llll«j ••CkllM Op*«»t«C ||«Clll4lllf <MI»r ••lllll tqOlpBCIIt Cl«*Mt(NaklU wrf Oc**M Mckli rackllCt OpcrMet |cxr«i » tan e^»-City) i •rtfc-Manr - k»to Itaaptci •r«>ofl*H>lc •••«»? 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Ceterpllleralter typee vltk•voker-tlreo Mr ereter ••o :ypee vltk .tlreo Mreper OperetM (Mll-lMilOfMi olallM alafle MltH Mitooeel M treek t*pe> M*i M r*». op to M« iMlofloi •% *M.||•tlooer CIOM tkaetto MM»r»-»e<tlMM M llalter type! loeer ttoM)i Mrleco Metere Mi tleoei OperotMi Vroctoc CoapreeeerMill OMklnetlM OperetMt ttoctM •perMM IMI1 Meer, Teepee.•creper. Mi Pwfe treetor. •Mfl* oofloeli trooMlof Nockloe Ope-retor |o*er • (t. «eptk oepMltr - MMloeto»ere rotlo«l tollerlovilreili tMMl tocoMtlvt OperetM IU M N tOMIi MlveceelMjelpMnt Opereter tlkenl. MC»»M. MeollM. ClMMolt. ep toone* iMlotlof 1 M. 1*. N.a.C.1 iMlot I00»l(0«) |i«o« MM MyepplUMleli MUer tMMrel) Ipovvr flvwi kpMc i* ««•eroo* OpMktoti §tl«t»» CIMM |kn»tU*««>t«cii M •lollcitn*ll tiOMllof Pip* •tipplof. ClOMlnf on« »*Mlliit "•-•MM OpMatori tiock typ* boMcri t*M«r ••»•« H OTMI Federal RegUler / Vol. 46. No. 181 / Friday. September 16.1961 - 38 - Federal tetjWo* / Vql. 44 No. 2U \ Fritta?/. November tt IBM F^derel Register / Vol. 49. No. 73 , OCC:S!ON *O. CMl-ill* - — rio~r» 4noi -Sept***" 11. ItlllSea Oieee. Callfernia Cl»ene»iBivereiDiver*Stand'by Diver*Tender*Dryvell tnatallere/Uther*tie veto r cen*trwtar*iHeehenie* Helper* FreeetioMry *elper* 0»lt:ll*ctri*ian*tUtility Teehnteian* Addt"HeetrlcUm: ' Fridey. April 13. 1964 MM* 141. 11. 1*. 11. IS. 11 » Utility Technician(eever* ttreet U«ht*. :traffic ilaneld end : in ctreett end/or•*t*aU»n*d eeeenente)14 * Federal Register / Vol. 11 0* OS 14 14 tl 17 S* SO S1.lt1.1*>.l* l.M«eJ.OO. % '« .47. It 49. No. 98 Friday. May 18, 1984 iwetww KMvnif-*«miTl»TE"ft"To;-5«pva*cr rf. 1»«J) Ian Me*). California nFf3i*r»i •tfefittem tteawftturei Air Ondiuen.*tfri«*teuai Setters DKIStOW »CAI1-J11»-«OI1 Til n 4lffll-leptewer 11,1»I3) lea Die**. Califerala rttmnmmi XcbeltA* worker*tlecuiclanai Kl*ctri*iaM e*ki« tyliMn Otility Teenaicieai •MM Zaataller* Labor* r*i•m* 16cmv 2Tunnel Laker or* t, Orou» 1 Qroup 3Lin* Constructions GroundBta» 'u»*m. Cabl* Splicer* »>»w sovxmnrT OFIHATOUI Or«1«ln« (HydraulicSection Dr*4«e) «ndClaaahell Dredge* i mange Frina* Kenetit* to t**d S7.QS.t.S.B. to reaala the•aja*. heet Metal worker*OK.tTt«Parking lot work and/or •ighway Marker*:Traffic DelineatingDevice Apelieator Wheel Stoe> Tn*t*ll*r; Striper » SandblaiterMM .... "] Slurry Seal Operation! •££ »Z£. \ Traffic Surface »ro--— t t*cti«*Coating Applicator! Blur Operator1 Squeegee Mani Applicat-i or Operator! Shuttle-*joniJl.JO S7.U , Top Ma* 17 IS 4.44 Addl1 larking lot work aa«/*r •ighvey Marker* iTraffic Oeliaeatia*Devioe ApplicatorWheel Stop In* taller* Strlpori SandblaataiSlurry Coal Operationi Nlaer OperatorSqueegee BoniApplicator Operator)Shuttle***Top MM *x AMeV S31.M 39.11 33.40 i4>.M 14.47 13. IS14.11 14. 3S 14.lt 14.40 IT. 41 32.11 22.11 20.23 13.41 12. » 13.41 13.12 11.43 S.42 S14.4S 13. SI 13. Si 12.37 10.3* £& U.S2 3.7S*3%3.7|* 3»0.47-It 1.44*34 .72.72 .72.72.72 3. Si* 3.45*4« 3.4S*4t 4.73 l.(9<t) 1 .40^4) 1.40*. l.'tfl-* !• (0^*11.40*> Si. 49* 1.10* 1.44* 1.10* 1,*»* 5.D - 39 - Federal Register / Vol. 49. No. 166 / Friday, August 24.1984 Federal Register / Vol. 49. No. 209 / Friday. October 26.1984 cowity. rnrat Cmrtan .I cm* 2I *o» 1cm* 4 U 1« oil«nuk*r«i *«tl«riMii«r-IUck*aith(star*** t«nk •t«ecian)•otl«riu««r-tl*e««»itnUtorMl t«n»itocktr. • |M« 17.lt lo.n 17.1S17.« 17. tl17.M10.1011.2*10.41 10.71 11.10 11. to 17.21 It. OS t.S7 £r» 1.70 0.70 7.2S7.147.2»7.217.2S7.W7.24 i.a l.M 4.2» 4.00 4.00 1.17 nooxrtcttiem r. > Federal Register / Vol. 49. No. 180 / Friday. September 14.1984 DtCIStOK MO. CXI3-5U* - ~B?5. 15 If. 1*11)ten Oi*«a County, CA Ch*no*:EI*cvrieiini;Klvctncicn* Cabl* tpll<;*rt Utility T*chntci*« •ouM Ini teller* *»< •»• iJ8.o< 20. 4! It.K It. 4' zz. Sl.tl*Itl.tl*It .74* It 1.44* It CMAMCteCl«ctrri«i«n«t 0*1* lyliwr* Utility T*«fcnieie» C*Mt*«*M**iHccnanic*N*lp*r*trooetiooery Mlpor*Til*. turftl* t T*rres«o M«t*ra " " " OfLTfttPUtUtra »tclt*f>tio< •orkwork Conoition. ton* 1 ton* tton* 0*>criptionit'Ion* 1: ««Mln4*r ofCountyIon* 2: Ctmf r*ndl*tor 120.0* 10.4* It.MIt.47 11.14It.1011. S7 17. U 17.lt 14.11 21.24 11.40 It* l.MIt l.MIt*.74w }.10«* 4.40 4.274.27 1.42 MW-06 S.D - 40 - Federal Reglfter / Vol. 4ft No. 223 / Friday. November 18,1964 RCMtOM P. 1 •o. oii-tiif •• '41107- 1«. 1*11)tar. Oiooe) CMBtyCalifornia Ileruicien* Cekl* Oplieer* utility Count In* teller* In*teller* Utility Toennieien IIUtility TMtMlCiW 42 420.00 20.41 14.10 It.41 20.00 20.41 II. 4T It.M 12.10 41.00 It • 11.00 M-.T4 It •11.44 It •11.00 It • 11.00 It • 11.4* It*. 74 lt*.T4 Federal Refjitar / Vol. 50. No. 8 / Friday, fanuaiy 11.1085 mincmcM 9. I utility Tecluueien 41: In*tallati*« *>f *treet llchta 4M txttficin«lu«iM «l«ctrie«l circuitry, pmfriBakl* •••trolltr. f«4)nt*l •*vnt*4)•IccuiMl MM? •nclotuni «n41 l«yin« •« »r«-«»»m(>l*4! caklt in •«•»•.TM Uyvnt ol •Ivctriul syttn* <n« ta^nwtcation iiut«ll«tiMi i*«ln«i»f•coper f«witi«i of tr»nch 4*ptM. ««41 r»4iiw »f <u*t hMUu. lentiwi l»t•utalM. *tr««t li«nti. w« tr*(fi* iifn«l*. Utility T*cMieiwi 411 Oi«trikuti«n •( Mtcrial «t )•» «it«." ukli tv. •»* Miuctt to* electricel.ay (tea*. The aettinf. leveline.henoMiolee en* trenaforaor M« ttcklcf •( fcceMt Federal Regbtar / Vol. 5q No. 27 / Friday. February 8,186S »o:riCArio.i P. i DtCIJtOK NO. CAI1-5U*- HC3. 41(41 n 41702 - 4*pt*BB*r14. 1*43) San Die«o,Cauaty. California eSAHC!! Divera: Oiver* Itend-by Oivere Tan*1 era Parkin* let vork aaeVor Traffic aellBeatiao.Beviee Applieetar Itripert featfhUitoMioaeol Stop teoteUer . rooloyor ooatttkutee .toper tour to TMatien pettif o» «Jw f ItM you ofeeol •!•*•». I you e»t!*•• tkem I *«*r* 1.11 toTaeatioe Pui. 1 year* kailece tkee 10 year* 1.41 avacation fttBtf, omw 10year* 1.01 pox BNC tovaeatloo, IMao. •MllyUtn J4J.77 21.44 20.44 14,01 14. JO tUniii 14. T4 4.T4 4.74 2.00. 0 2.04* 0 Pluabor*. PipeiitteriiSteaMf Ittor*: Air Coaeii*tiao. IUfrif*ratioe> Zone 1 torn 2•over tquipBent Operator! Group 1Group 2 ""enup lCroup 4 Group 0 21.44 21.71 IT. SO 17.70 11.97 11.21 14.4)11.54 11.44 11.13 11. »4 1.41 4.42 T.ll 7.11 7.J1 T.ll7.11 T.ll T.ll 7.J1 7.11 •arkine; lot <ork en4/orllahvay Marker*) tSlurry leal OperationMixer Operator: So.uaeo.ee Hen: Applicator Operator: fHuttleaanTop Hen farTin* Lot oork aaeVer•ilh«*y neckar* iPaveewnt leal in*. Slurrt*al. •oeuriaclne. andtepelTt•ixer Operator Applicator Operator!Shuttlcaant tejueefoo•BII Too Mae Traffic Control HBO lewffly laui Sll.M 12. IT 10.1* T.OO Itnatit: 42.00* 0 2.00* 01.04-• 2.00* MW-07 S.D - 41 - 7-2-84 SECTION 6. FEDERAL REQUIREMENTS F« FEDERAL-AID CONSTRUCTION PROJECTS 6-1.01 AL«—The work herein proposed •III b« financed In whole or In part with Fed- eral funds, and therefore all of the statutes, rules and regulations promulgated by the Fed- eral Government and applicable to «ork financed In whole or In part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts," .Form PR-1273, are Included In this Section 6. whenever In said required contract provisions references are made to the "State Highway Department Contracting Officer," "State Highway Department Resident Engineer," or "Authorized representatives of the State Highway Department," such references shall be construed to mean "Engineer" as defined In Section 1-1.18 of the Standard Specifications. 6-1.02 PERFORMANCE OF PREVIOUS CON- TRACTS.—In addition to the provisions in Section II, "Equal Opportunity," and Section VII, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICA- TION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located In the proposal. No request for subletting or assigning any portion of the contract In excess of SI0,000 will be considered under the provisions of Section VII of the required contract provisions unless such request Is accompanied by the CERTIFICATION referred to above, excecuted by the proposed subcontractor. 6-1.03 NON-COLLUSION PROVISION.—The provisions In this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23. United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that the Contractor file a sworn statement executed by, or on behalf of. the person, firm, association, or corporation to whom such contract Is to be awarded, certi- fying that such person, firm, association, or corporation has not, either directly or Indi- rectly, entered Into any agreement, partici- pated In any collusion, or otherwise taken any action In restraint of free competitive bid- ding in connection with such contract. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather then as a sworn statement, as permitted by 28, USC, Sec. 1746, Is Included In the proposal. 6-1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SUBCONTRACT INS.— The follow- ing are excerpts from Part 23, Title 49, Code of Federal Regulations entitled, "Participation By Minority Business Enterprise In Department of Transportation Programs." if § I I § i I § i § J § § J I Subpert A-Generel S23.I Purpose. (a) The purpose of this part Is to carry out the Department of Transportation's policy of supporting the fullest possible participa- tion of firms owned and controlled by minori- ties and women, (MBEs) In Department of Trans- portation programs. This Includes assisting MBEs throughout the life of contracts In which they participate. §§ § § » § i » $ § § § § §23.2 Applicability. This part applies to any DOT program through which funds are made available to members of the public for accomplishing DOT'S purposes. Contracts and subcontracts which are to be performed entirely outside the United States, Its possessions, Puerto Rico, and the North Mariana Islands, are exempted from this part. FR-1 - 42 - J23.3 Definitions. "Affirmative action" means taking specific steps to eliminate discrimination and Its effects, to ensure nondlscrlmlnatory results and practices In the future, and to Involve minority business enterprises fully In con- tracts and programs funded by the Department. "Applleant" means one who submits an applI- catlon, request, or plan to be approved by a Departmental official or by a primary recipient as a condition to eligibility for DOT financial assistance; and "application" means such an application, request, or plan. "Compliance" means the condition existing •hen a recipient or contractor has met and Implemented the requirements of this part. "Contract" means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services. Including construction, and the buyer to pay for them. For purposes of this part, a lease Is a contract. "Contractor" means one who participates, through a contract or subcontract, In any program covered by this part, and includes lessees. "Department" or "DOT" means the Department of Transportation, Including Its operating elements. "DOT-asslsted contract" means any contract or modification of a contract between a recipi- ent and a contractor which Is paid for In whole or In part with DOT financial assistance or any contract or modification of a contract between a recipient and a lessee. "DOT financial assistance" means financial aid provided by the Department or the United States Railroad Association to a recipient, but does not Include a direct contract. The finan- cial aid may be provided directly In the form of actual money, or Indirectly In the form of guarantees authorized by statute as financial assistance services of Federal personnel, title or other Interest In real or personal property transferred for less than fair market value, or any other arrangement through which the recipi- ent benefits financially, Including licenses for the construction or operation of a Deep Water Port. • "Departmental element" means the following parts of DOT: (a) The Office of the Secretary (OST); (b) The Federal Aviation Administration (FAA); (c) The United States Coast Guard (USCG); (d) The Federal Highway Administration (FHWA); (e) The Federal Railroad Administration (FRA); (f) The Natlnal Highway Traffic Safety Administration (NHTSA); (g) The Urban Mass Transportation Administration (UMTA); (h) The St. Lawrence Seaway Development Corporation (SLSOC); and (I) The Research and Special Programs Administration (RSPA). "Joint venture" means an association of two or more businesses to carry out a single busi- ness enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. "Lessee" means a business or person that leases, or is negotiating to lease, property from a recipient or the Department on the recipient's or Department's facility for the purpose of operating a transportation-related activity or for the provision of goods or services to the facility or to the public on the facility. f t s < f i < f f f s f f f § "Minority business enterprise" or "HBE" means a small business concern, as defined pursuant to section 3 of the Small Business Act and Implementing regulations, which Is owned and controlled by one or more minorities or women. This definition applies only to financial assistance programs. For the purposes of this part, owned and controlled means a business: (a) which Is at least 51 per centum owned by one or more minorities or women or. In the case of a publicly owned business, at least 51 per centum of the stock of which Is owned by one or more minorities or women; and (b) Whose management and daily business operations are control led by one or more such Individuals. FR-2 - 43 - "MBE coordinator" means the official designated by the head of the Department element to have overall responsibility for promotion of minority business enterprise In his/her Departmental element. "Noncompllance" means the condition existing •hen a recipient or contractor has failed to Implement the requirements of this part. "Primary recipient" Is a recipient who receives DOT financial assistance and passes some or all of this assistance on to another recelplent. "Program" means any undertaking by a recipient to use DOT financial assistance, and includes the entire activity any part of which receives DOT financial assistance. "Recipient" means any entity, public or private, to whom DOT financial assistance Is extended, directly or through another recipient for any program. "Secretary" means the Secretary of transportation or any person whom he/she has designated to act for him/her. "Set-aside" means a technique which limits consideration of bids or proposals to those submitted by MBEs. f23.7 Discrimination prohibited. No person shall be excluded from partici- pation in, denied the benefits of, or other- wise discriminated against in connection with the award and performance of any contract covered by this Part, on the grounds of race, color, national origin, or sex. Sn&part B-IReserverfl Subpert C-Oepertment of Transportation Financial Assistance Programs § § J J J I I I § J § J f J J J I23,43 General requirements for recipients. (a) Each recipient shall agree to abide by the statements In paragraphs (a)(1) and (2) of this section. These statements shall be In- cluded In the recipient's DOT financial assis- tance agreement and In all subsequent agree- ments between the recipient and any sub- recipient and In all Subsequent DOT- assisted contracts between recipients or subreclplents and any contractor. (1) "Policy. It Is the policy of the Department of Transportation that minority business enterprises as- defined In 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed In whole or In part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. (2) "NBC Obligation. (I) The recipient or Its contractor agrees to ensure that minority business enterprises as defined In 49 CFR Part 23 have the maximum opportunity to participate In the performance of contracts and subcontracts financed In whole or in part with Federal funds provided under this agree- ment. In this regard all recipients or con- tractors shall take all necessary and reason- able steps In accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex In the award and performance of DOT-asslsted contracts." § $ { § § J $ § { { { $ * { { § (c) The recipient shall advise each subre- clplent, contractor, or subcontractor that fa 11 ure to carry out the requ I rements set forth In §23.43<a) shall constitute a breach of con- tract and, after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. s f s f « s f s f f < f {23.45 Required NBC program components. $ S J i ft i S $ * $ * > * $ 5 (e) MBC directory. (1) The recipient shall have available a directory or source list to facilitate Identifying MBEs with capabili- ties relevant to general contracting require- ments and to particular solicitations. The recipient shall make the directory available to bidders and proposers In their efforts to meet the MBE requirements. It shall specify which FR-3 - 44 - firms the Department, recipient, or the Small Business Administration has determined to be eligible MBEs In accordance with procedures set forth In this subpart. (f) Procedere* to ascertain the eligi- bility of MBEs and joint venture* Involving NBE». (1) To ensure that Its MBE program benefits only firms owned and controlled by minorities or Momen, the recipient shall certify the eligibility of MBEs and joint ventures Involving MBEs that are named by the competitors In accordance with this subpart. Recipients may, at their own discretion, accept certifications made by other DOT recipients. (2) Recipients shall require their prime contractors to make good faith efforts to replace an MBE subcontractor that Is unable to perform successfully with another MBE. The recipient shall approve all substitutions of subcontractors before bid opening and during contract performance. In order to ensure that the substitute firms are eligible MBEs. APPENDIX A - GUIDANCE CONCERNING GOOD FAITH EFFORTS To determine whether a competitor that has failed to meet MBE contract goals may receive the contact, the recipient must decide whether the efforts the competitor made to obtain MBE participation were "good faith efforts" to meet the goals. Efforts that are merely pro forma are not good faith efforts to meet the goals. Efforts to obtain MBE participation are not good faith efforts to meet the goals, •ven If they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of MBE participation sufficient to meet the goals. In order to award a contract to a competitor that has failed to meet MBE contract goals, the recipient must determine that the competitor's efforts were those that, given all relevant circumstances, a competitor actively and aggressively seeking to meet the goals would make. To assist recipients In making the required judgment, the Department has prepared a list of the kinds of efforts that contractors may make In obtaining MBE participation. It Is not Intended to be a mandatory checklist; the De- partment does not require recipients to Insist that a contractor do any one, or any particular combination, of the things on the list. Nor Is the list Intended to be exclusive or exhaus- tive. Other factors or types of efforts may be relevant In appropriate cases. In determining whether a contractor has made good faith ef- forts, It will usually be Important for a recipient to look not only at the different kinds of efforts that the contractor has made, but also the quantity and Intensity of these efforts. The Department offers the following list of kinds of efforts that recipients may consider: (t) Whether the contractor attended any pre-so11citation or pre-bld meetings that were scheduled by the recipient to Inform MBEs of contracting and subcontractIg opportunities; (2) Mhether the contractor advertised In general circulation, trade association, and minority-focus media concerning the subconract- Ing opportunities; (3) Whether the contractor provided written notice to a reasonable number of specific MBEs that their Interest In the contract was being solicited, In sufficient time to allow the MBEs to participate effectively; (4) Whether the contractor followed up Initial solicitations of Interest by contacting MBEs to determine with certainty whether the MBEs were Interested; (5) Whether the contractor selected por- tions of the work to be performed by MBEs In order to Increase the likelihood of meeting the MBE goals (Including, where appropriate, break- Ing down contracts Into economically feasible units to facilitate MBE participation); (6) Whether the contractor provided Interested MBEs with adequate Information about the plans, specifications and requirements of the contract; (7) Whether the contractor negotiated In good faith with Interested MBEs, not rejecting MBEs as unqualified without sound reasons based on a thorough Investigation of their capa- bilities; (8) Whether the contractor made efforts to assist Interested MBEs In obtaining bonding. FR-4 - 45 - lines of credit, or Insurance required by the recipient or contractor; and (9) Whether the contractor effectively used the services of available minority community organizations; minority contractors' groups; local, state and Federal minority business assistance offices; and other organizations that provide assistance In the recruitment and placement of MBEs. fiffiiSffffffffi 123.47 Comtlng MBE participation meeting MK goals, MBE participation shall be counted toward meeting MBE goals set In accordance with this subpart as follows: (a) Once a firm is determined to be an eligible MBE In accordance with this subpart, the total dollar value of the contract awarded to the MBE Is counted toward the applicable MBE goals. (b) The total dollar value of a contract to an MBE owned and controlled by both minority males and non-minority females Is counted toward the goals for minorities and women, respectively, in proportion to the percentage of ownership and control of each group In the business. The total dollar value of a con- tract with an MBE owned and controlled by minority women Is counted toward either the minority goal or the goal for women, but not to both. The contractor or recipient employ- Ing the firm may choose the goal to which the contract value Is applied. (c) A recipient or contractor may count toward Its MBE goals a portion of the total dollar value of a contract with a joint ven- ture eligible under the standards of this subpart equal to the percentage of the owner- ship and controls of the MBE partner In the joint venture. (d)(t) A recipient or contractor may count toward its MBE goals only expenditures to MBEs that perform a commercially useful function In the work of a contract. An MBE Is considered to perform a commercially useful function when It Is responsible for execution of a distinct element of the work of a contract and carrying out Its responsbll Itles by actually perform- ing, managing, and supervising the work Involved. To determine whether an MBE Is performing a commercially useful function, the recipient or contractor shall evaluate the amount of work subcontracted, Industry practices, and other relevant factors. (2) Consistent with normal Industry practices, an MBE may enter Into subcontracts. If an MBE contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal Industry practices, the MBE shal I be presumed not to be performing a commercially useful function. The MBE may present evidence to rebut this presumption to the recipient. The recipient's decision on the rebuttal of this presumption Is subject to review by the Department. (e) A recipient or contractor may count toward Its MBE goals expenditures for materials and supplies obtained from MBE suppliers and manufacturers, provided that the MBEs assume the actual and contractual responsibility for the provision of the materials and supplies. (1) The recipient or contractor may count Its entire expenditure to an MBE manufac- turer (I.e., a supplier that produces goods from raw materials or substantially alters them before resale). < (2) The recipient may count 20 percent of Its expenditures to MBE suppliers that are not manufacturers, provided that the MBE supplier performs a commercially useful function In the supply process. 5 M $ § 5 J $ $ $ * $ $ FR-5 - 46 - {23.91 Certification of tto eligibility of minority easiness enterprise*. (a) To ensure that this part benefits only HBEs which are owned and controlled In both form and substance by one or more minorities or women, DOT recipients shall use Schedules A and 8 (reproduced at the end of this Part) to certify firms who wish to participate as MBEs In DOT under this part. (b) Except as provided In paragraph (c) of this section, each business. Including the MBE partner in a joint venture, wishing to partici- pate as a MBE under this part In a OOT-esslsted contract shall complete and submit Schedule A. Each entity wishing to participate as a joint venture MBE under this part In OOT-asslsted contracts shall In addition complete and submit Schedule B. The scheduled) shall be signed and notarized by the authorized representative of the business entity. A business seeking certification as an MBE shall submit the required schedules with Its bid or proposal for transmission to the contracting agency Involved. (c) Under the following circumstances, a business seeking to participate as an MBE under this subpart need not submit schedule A or 8: (1) If a DOT recipient has established a different certification process that DOT has determined to be as or more effective than the process provided for by this section. Where such a process exists, potential MBE contrac- tors shall submit the Information required by the recipient's process. (2) If the potential MBE contractor states In writing that It has submitted the same Information to or has been certified by the DOT recipient Involved, any DOT element, or another Federal agency that uses essen- tial ly the same definition and ownership and control criteria as DOT. The potential MBE contractor shall obtain the Information and certification (If any) from the other agency and submit it to the recipient or cause the other agency to submit It. The recipient may rely upon such a certification, where another agency has collected- Information but not made a determination concerning eligibility, the DOT recipient shall make Its own determination based on the Information It has obtained from the other agency. (3) If the potential MBE contractor has been determined by the Small Business Adminis- tration to be owned and controlled by socially and economically dIsadvantaged Individuals under section 8(a) of the Small Business Act, as amended. {23.53 Eligibility standards. (a) The following standards shall be used • by recipients In determining whether a firm Is owned and controlled by one or more minorities or women Is and shall therefore be eligible to be certified as an MBE. Businesses aggrieved by the determination may appeal In accordance with procedures set forth In {23.59. (1) Bona fide minority group membership shall be established on the basis of the Individual's claim that he or she Is a member of a minority group and is so regarded by that particular minority community. However, the recipient Is not required to accept this claim If It determines the claim to be Invalid. (2) An eligible minority business enterprise under this part shall be an Independent business. The ownership and control by minorities or women shall be real, substantial, and continuing and shall go beyond the pro forma ownership of the firm as reflected In Its ownership documents. The minority or women owners shall enjoy the customary Incidents of ownership and shall share In the risks and profits commensurate with their ownership Interests, as demonstrated by a examination of the substance rather than form of arrangements. Recognition of the business as a separate entity for tax or corporate purposes Is not necessarily sufficient for recognition as an MBE. In determining whether a potential MBE Is an independent business, DOT recipients shall consider all relevant factors, Including the date the business was established, the adequacy of Its resources for the work of the contract, and the degree to which financial, equipment leasing, and other relationships with nonmInorlty firms vary from Industry practice. (3) The minority or women owners shall also possess the power to direct or cause the -*%„ FR-6 - 47 - direction of the management and policies of the firm and to mak» the day-to-day as "ell as major decisions on matters of management, policy, and operations. The firm shall not be subject to any formal or Informal restrictions which limit the customary discretion of the minority or •omen owners. There shall be no restrictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting rights or otherwise that prevent the minority or women owners, without the cooperation or vote of any owner who Is not a minority or woman, from making a business decision of the firm. (4) If the owners of the firm who are not minorities or women are disproportionately responsible for the operation of the firm, then the firm Is not controlled by minorities or women and shall not be considered an MBE within the meaning of this part. Where the actual management of the firm Is contracted out to Individuals other than the owner, those persons who have the ultimate power to hire and fire the managers can, for the purposes of this part, be considered as control I Ing the business. (5) All securities which constitute ownership and/or control of a corporation for purposes of establishing It as an WE under this part shall be held directly by minorities or women. No securities held In trust, or by any guardian for a minor, shall be considered as held by minority or women In determining the ownership or control of a corporation. (6) The contributions of capital or expertise by the minority or women owners to acquire their Interests In the firm shall be real and substantial. Examples of Insufficient contributions Include a promise to contribute capital, a note payable to the firm or Its owners who are not socially and economically dIsadvantaged, or the mere participation as an employee, rather than as a manager. (b) In addition to the above standards, DOT recipients shall give special consideration to the following circumstances In determining eligibility under this part. (1) Newly formed firms and firms whose ownership and/or control has changed since the date of the advertisement of the contract are closely scrutinized to determine the reasons for the timing of the formation of or change In the firm. (2) A previous and/or continuing employer•employe* relationship between or among present owners Is carefully reviewed to ensure that the employee-owner has management responsibilities and capabilities discussed In this section. (3) Any relationship between an MBE- and a business which Is not an MBE which has an interest In the MBE Is carefully reviewed to determine If the Interest of the non-MBE conflicts with the ownership and control requirements of this section. (c) A joint venture Is eligible under this part If the MBE partner of the joint venture meets the standards for.an eligible MBE set forth above and the MBE partner Is responsible for a clearly defined portion- of the work to be performed and shares In the ownership, control, management responsibilities, risks, and profits of the joint venture. (d) A joint venture is eligible to compete In an MBE set-aside under this part if the MBE partner of the Joint venture meets the standards of an eligible MBE set forth above, and the MBE partner's share In the ownership, control, and management responsibilities, risks, and profits of the joint venture Is a least 51 percent and the MBE partner Is responsible for a clearly defined portion of the work to be performed. (e) A business wishing to be certified as an MBE or joint venture MBE by a DOT recipient shall cooperate with the recipient In supplying additional Information which may be requested In order to make a determination. (f> Once certified, an MBE shall update Its submission annually by submitting a new Schedule A or certifying that the Schedule A on file Is still accurate. At any time there Is a change In ownership or control of the firm, the MBE shall submit a new schedule A. FR-7 - 48 - (g) Except as provided In section 23.55, the denial of a certification by the Department or a recipient shall be final, for that contract and other contracts being let by the recipient at the time of the denial of certification. MBEs and Joint ventures denied certification nay correct deficiencies In their ownership and control and apply for certification only for future contracts. (h) Recipients shall safeguard from disclosure to unauthorized persons Information that reasonably may be regarded as confidential business Information, consistent with Federal, state and local law. J I t I J J I f I f § J J { J i Suboart D-Soeclal Provision* for Recipient* of Funds Under the Surface Transportation A**lst»nc* Act of 1982 {23.61 Purpose. (a) The purpose of this subpart Is to Implement section 105(f) of the Surface Transportation Assistance Act of 1982 (Pub. I. 97-424) so that, except to the extent the Secretary determines otherwise, not less than ten percent of the funds authorized by the Act for the programs listed In $23.63 of this Subpart Is expended with small business concerns owned and controlled by socially and economically dlsadvantaged Individuals. (b) The ten percent level of participation for dfsadvantaged businesses established by section 103(f) will be achieved If recipients under the programs covered by this Subpart set and meet overall dIsadvantagad business goals of at least ten percent. {23.62 Definition*. The following definitions apply to this subpart. Where these definitions are Inconsistent with the definitions of {23.5 of this part, these definitions control for all other purposes under this part. "Act" means the Surface Transportation Assistance Act of 1982 (Pub. I. 97-424). "01 sadvantagad business" means a small business concern: (a) Which Is at least 51 percent owned by one or more socially and economically d I sadvantaged Individuals, or, In the case of any publicly owned business, at least 51 percent of the stock of which Is owned by on* or more socially and economically dIsadvantaged Individuals; (b) whose management and dally business operations are controlled by on* or more of the socially and economically dIsadvantaged Individuals who own It. "Small business concern" means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. "Socially and economically dlsadvantaged Individuals* means those Individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans and any other minorities or Individuals found 1o be dlsadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. Recipients shall make a rebuttable presumption that Individuals In the following groups are socially and economically dlsadvantaged. Recipients also may determine, on a case-by-case basis, that Individuals who are not a member of on* of the following groups are socially and economically dIsadvantagad. (a) "Black Americans," which Includes persons having origins In any of the Black racial groups of Africa; (b) "Hispanic Americans," which Includes persons of Mexican, Puerto Rlcan, Cuban, Central or South American, or other Spanish culture or origin, regardless of race; (c) "Native Americans," which Includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (d) "Asians-Pacific Americans," which Includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and (e) "Asian-Indian Americans," which Includes persons whose origins are from India, Pakistan, and Bangladesh. FR-8 - 49 - J23.63 Applicability. This subpart applies to all DOT financial assistance In the toI loving categories that recipients expend In DOT-asslsted contracts: (a) Federal-aid highway funds authorized by Title I and section 202 of Title 11 of the Act; and (b) Urban mass transportation funds authorized by Title I or 111 of the Act or the Urban Mass Transportation Act of 1964, as amended. SfffififfSSffff }23.M Ckallenge (a) Each recipient required to establish an overall goal under 123.64 shall establish a challenge procedure consistent with this section to determine whether an Individual presumed to be socially and economically d-l sadvantaged as provided In §23.62 Is In fact socially and economically dlsadvantaged. (b) The recipient's challenge procedure shall provide as follows: (1) Any third party may challenge the socially and economically dlsadvantaged status of any Individual (except an Individual who has a current 8(a) certification from the Small Business Administration) presumed to be socially and economically dlsadvantaged If that Individual Is an owner of a firm certified by or seeking certification from the recipient as a dlsadvantaged business. The challenge shall be made In writing to the recipient. (2) With Its letter, the challenging party shall Include all Information available to It relevant to a determination of whether the challenged party Is In fact socially and economically dlsadvantaged. (3) The recipient shall determine, on the basis of the Information provided by the challenging party, whether there Is reason to believe that the challenged party Is In fact not socially and economically dlsadvantaged. (I) If the recipient determines that there Is not reason to believe that the challenged part Is not socially and economically dlsadvantaged, the recipient shall so Inform the challenging party In writing. This terminates the proceeding. (II) If the recipient determines that there Is reason to believe that the challenged party Is not socially and economically dlsadvantaged, the recipient shall begin a proceeding as provided In paragraphs (b)(4), (3), and (6) of this paragraph. (4) The recipient shall notify the challenged party In writing that his or her status as a socially and economically dlsadvantaged Individual has been challenged. The notice shall Identify the challenging party and summarize the grounds for the challenge. The notice shall also require the challenged party to provide to the recipient, within a reasonable time, Information sufficient to permit the recipient to evaluate his or her status as a socially and economically disadvantaged Individual. (5) The recipient shall evaluate the information available to It and make a proposed determination of the social and economic disadvantage of the challenged party. The recipient shall notify both parties of this proposed determination In writing, setting forth the reasons for Its proposal. The recipient shall provide an opportunity to the parties for an informal hearing, at which they can respond to this proposed determination in writing and In person. (6) Following the Informal hearing, the recipient shall make a final determination. The recipient shall Inform the parties In writing of the final determination, setting forth the reasons for Its decisions. (7) In making the determinations called for in paragraphs (b)(3), (5), and (6) of this paragraph, the recipient shall use the standards set forth In Appendix C to this Subpart. (8) During the pendancy of a challenge under this section, the presumption that the challenged party Is a socially and economically dlsadvantaged Individual shall remain In effect. (c) The final determination of the recipient under subparagraphs (t»(3)(l) and (b)(6) may be appealed to the Department by the adversely affected party to the proceeding under the procedures of 523.55 of this Part. FR-9 - 50 - it § $ $ » § i ( i § § § § § $ Subpert E-Comol lance and Enforcement J § * I i i I J § J § J i § § $ {23.37 VI11f«l provision of Incorrect (•formation. If, at any tin*, the Department or a recipient has reason to bat lav* that any parson or firm has willfully and knowingly provided Incorrect Information or made falsa statements. It shall refer the matter to the General Counsel of the Department. He/she may Initiate debarment procedures In accordance with 41 CFR 1-1.804 and 12-1.602 and/or refer the matter to the Department of Justice under 18 U.S.C. 1001, as he/she deems appropriate. Scnedale A— In format loa for Determining Minority easiness Enterprise eligibility of firm1. 2. Address of firm 3. Phone Number of firm 4. Indicate whether firm Is sole propri- etorship, partnership, joint venture, corpora- tion or other business entity (please specify) 5. Nature of firm's business 6. Years firm has been In business 7. Ownership of firm: Identify those who own 3 percent or more of the firm's ownership. Columns e and f need to be filled out only If the firm Is less than 100 percent minority owned. d e f a be Years of Ownership Voting Name Race Sex owner- percent- percent- sh I p age age With firms less than 100 percent minority owned, list the contributions of money, equipment, real estate, or expertise of each of the owners. 8. Control of firm: (a) Identify by name, race, sex, and title In the firm those Indi- viduals (Including owners and non-owners) who are responsible for day-to-day management and policy declslonmaklng, limited to, those with for: Including, but not prime responsibility (1) Financial decisions (2) Management decisions, such as— a. Estimating b. Marketing and sales_ c. Hiring and firing of management personne I d. Purchases of major Items or suppl les (3) Supervision of field operations 9. For each of those listed In question 8, provide a brief summary of the person's experience and number of years with the firm. Indicating the person's qualifications for the responsibilities given him or her. 10. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any agreements between owners or between owners and third parties which restrict ownership or control of minority owners. It. Identify any owner (see Item 7) or management official (see Item 8) of the named firm who Is or has been an employee of another firm that has an owershlp Interest In or a present business relationship with the named firm. Present business relationships Include shared space, equipment, financing, or employees as well as both firms having some of the same owners. 12. Nhat are the gross receipts of the firm for each of the last two years? Year ending S Year ending $ 13. Name of bonding company. If any: Bonding limit Source of letters of credit, If any 14. Are you authorized to do business In the state as well as locally, Including all neces- sary business licenses? FR-10 - 51 - 15. Indicate If this firm or -other firms • Ith any of the same officers have previously received or been denied certification or par- ticipation as an MBE and describe the circum- stances. Indicate .the name of the certifying authority and the date of such certification or denial. Affidavit "The undersigned swears that the foregoing statements are true and correct and Include a I material Information necessary to Identify and explain the operations of (name of firm) as well as the ownership thereof. Further, the undersigned agrees to provide through the prime contractor or. If no prime, directly to the grantee current, com- plete and accurate Information regarding actua work performed on the project, the payment therefor and any proposed changes. If any, of the foregoing arrangements and to permit the audit and examination of books, records and files of the named firm. Any material misre- presentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Note.—If, after filing this Schedule A and before the work of this firm Is completed on the contract covered by this regulation, there Is any significant change In the Information submitted, you must Inform the grantee of the change through the prime contractor or, if no prime contractor. Inform the grantee directly. Signature Name [ Title Date Corporate Seal (where appropriate). Date State ofCounty of ____________________ On this day of , 19 before me appeared (Name) , to me personally Known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. (Seal) Notary Public Commission expires Scfcedale B—Informetloe for Determining Joint torhre Eligibility (This form need not be filled In If all joint venture firms are minority owned.) 1. Name of Joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) (a) Describe the role of the MBE firm In the joint venture. ______________________ (b) Describe very briefly the experience and business qualifications of each joint venturer: • 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What Is the claimed percentage of MBE ownership? ________________________________ 8. Ownship of joint venture: (This need not be filled In If described In the joint venture agreement, provided by question 6.). (a) Profit and loss sharing. (b) Capital contributions. Including equipment. (c) Other applicable ownership Interests. 9. Control of and participation In this contract. Identify by name, race, sex, and "firm" those Individuals (and their titles) who are responsible for day-to-day management and policy declslonmaklng, Including, but not limited to, those with prime responsibility for: (a) Financial decisions (b) Management decisions, such as: FR-n - 52 - (t) Estimating, (2) Marketing and sales (3) Hiring and firing of manag personnel mt (4) Purchasing of major Itarns or suppllas (e) Supervision of field operations Not*.—If, aftar filing this Schedule 8 and before the completion of the joint venture's work on the contract covered by this regula- tion, there Is any significant change In the Information submitted, the joint venture must Inform the grantee, either directly or through the prime contractor If the joint venture Is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and Include all material Information necessary to Identify and explain the terms and operation of our joint venture and the Intended participation by each Joint venturer In the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate Information regarding actual joint venture work and the payment therefor and any pro- posed changes In any of the Joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each Joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for Initiating action under Federal or State laws concerning false statements." Name of Firm Signature of Firm Signature Title Date Title Date Date State of _ County of On this day of 19 before me appeared (Name) , to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires (Seal) Date State of County of On this before day of 19 f (Name)me appeared to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Pub I Ic Commission expires [Seal I FR-12 6-1.05 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS - 53 - II. III. IV. v. VI. VII. VIII. IX. x. XI. Appl Icatlon-- Equal Opportunity—— Nonsegregated Facilities- Payment of Predetermined Minimum Wages———- Page FR-12 Payrolls and Basic Records——' Record of Materials, Supplies and Labor-— Subletting or Assigning the Contract" Safety; Accident Prevention— False Statements Concerning Highway Projects •- ••• Implementation of Clean Air Act and Federal Mater Pollution Control Act-' .....I • Contract work Hours and Safety Standard Act Requirements—— FR-14 FR-15 FR-18 FR-19 FR-20 FR-21 FR-21 FR-22 FR-22 I. APPLICATION t. These contract provisions shall apply to all work performed on the contract by the contractor with his own organization and with the assistance of workmen under his Immediate superintendence and to all work performed on the contract by piecework, station work or by subcontract. 2. Contractors and subcontractors shall Insert In all subcontracts the entire contents of this form PR-1273. The contents of this form shal I not be Incorporated by reference. The contractor shall be responsible for compliance by all subcontractors with the contents of this form PR-1273. 3. A breach of any of the stipulations con- tained In these Required Contract Provisions may be grounds for termination of the con- tract. 4. A breach of the following clauses may be grounds for debarment by the Department of Labor as a contractor and a subcontractor as provided In 29 CFR 5.12(a)(1): Section I, paragraph 2; Section IV, paragraphs 1,3,4,6,7,9,10 and 11 Section V, paragraphs 1,2, and 4; Section XI II. EQUAL OPPORTUNITY 1. Selection of Labor: During the performance of this contract, the contractor shall not discriminate against labor from any other State, possession or territory of the United States. 2. Employment Practices: The Equal Bnployment Opportunity Affirmative Action Notice set forth In 41 CFR 60-4.2 and Equal Employment Opportunity Construction Contract Specifications set forth In 41 CFR 60-4.3 are Incorporated by reference In this contract. 3. Equel Opportunity Claese: During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall Include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post In conspicuous places, available to employees and applicants for employment, notices to be provided by the State highway department setting forth the provisions of this nondI scrimInation clause. PR-1273(Rev. 5-83)FR-13 - 54 - b. The contractor will. In all solicita- tions or advertisements tor employees placed by or on behalf of the contractor, state that all qualified applicants will receive consid- eration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the State highway department advising the said labor union or workers' representative of the contractors commitments under this section 11-2 and shall post copies of the notice In conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CFR, Part 60) and relevant orders of the Secretary of Labor. e. The contractor will furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of Investiga- tion to ascertain compliance with such rules, regulations and orders. f. In the event of the contractor's noncompllance with the nondI scrim!nation clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended In whole or In part and the contractor may be declared Ineligible for further Government contracts or Federally- assisted construction contracts in accordance with procedures authorized In Executive Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies Invoked as provided In Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will Include the provi- sions of this Section 11-3 In every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions Including sanctions for noncompl lance: Provided, however, that In the event a contractor becomes Involved in, or In Is threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Highway Administration, the contractor may request the United States to enter Into such litigation to protect the Interests of the United States. 4. Selectloe of Subcontractors, Proeur of Materials, M4 Leasing of Equipment: During the performance of this contract, the contractor, for Itself, its assignees and successors In Interest (hereinafter referred to as the "contractor") agrees as follows: a. Compliance With Regulations: The contractor shall comply with the Regulations relative to nond(scrim(nation In federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein Incorpo- rated by reference and made a part of this contract. b. Nond i scrim I nation: The contractor, with regard to the work performed by It- during •the contract, shall not discriminate on the grounds of race, color, sex or national origin In the selection and retention of subcon- tractors, Including procurements of materials and leases of equipment. The contractor shall not participate either directly or Indirectly In the discrimination prohioited by section 21.5 of the Regulations, Including employment practices when the contract covers a program set forth In Appendix 8 of the Regulations. c. Solicitations for Subcontracts, Includ- ing Procurements of feterlals and Equipment: PR-1273(Rev. 5-83)FR-14 - 55 - In all solicitations either by competitive bidding or negotiation mad* by the contractor for «ork to be performed under a subcontract, Including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nond I scrim I nation on the grounds of race, color, sex or national origin. d. Information and Reports: The contractor shall provide all Information and reports required by the Regulations, or directives Issued pursuant thereto, and shall permit access to Its books, records, accounts, other . sources of Information and Its facilities as may be determined by the State highway depart- ment or the Federal Highway Administration to be pertinent to ascertain compllance with such Regulations or directives. Where any Informa- tion required of a contractor Is In the exclusive possession of another who falls or refuses to furnish this Information the contractor shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall sat forth what efforts It has made to obtain the Information. e. Sanctions for Noncompl lance: In the event of the contractor's noncompllance with the nondiscrimI nation provisions of this contract, the State highway department shall Impose such contract sanctions as It or the Federal Highway Administration may determine to be appropriate, Including but not limited to: (1) withholding of payments to the contrac- tor under the contract untl I the contractor complles, and/or (2) cancellation, termination or suspension of the contract, In whole or In part. f. Incorporation of Provisions: The con- tractor shall include the provision of this paragraph 4 In every subcontract, Including procurements of materials and leases of equip- ment, unless exempt by the Regulations, or directives Issued pursuant thereto. The con- tractor shall take such action with respect to any subcontractor or procurement as the State highway department or the Federal Highway Administration may direct as a means of enforc- ing such provisions Including sanctions for noncompl lance: Provided, however, that, in the event a contractor becomes Involved In, or is threatened with, Iitlgatlon with a subcontrac- tor or supplier as a result of such direction, the contractor may request the State highway department to enter Into such I Itlgatlon to protect the interests of the State, and, In addition, the contractor may request the United States to enter Into such litigation to protect the Interests of the United States. Ml.SATED FACILITIES (Applicable to Federal-aid construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) By submission of this bid, the execution of this contract or subcontract, or the consum- mation of this material supply agreement, as appropriate, the bidder, Federal-aid construc- tion contractor, subcontractor, or material supplier, as appropriate, certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. Ha certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He agrees that a breach of this certification Is a violation of the Equal Opportunity clause In this contract. As used In this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, tlmeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are In fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he has obtained identical certifications from proposed subcontractors and material suppliers for specific time periods), he will obtain Identical PR-1273(Rev. 5-83)FR-15 - 56 - certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications In his files. IV. PAYMENT OF PREDETERMINED MINIMUM MAGES 1. Caaeral All mechanics and laborers employed or work- Ing upon the site of the work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Cope I and Act (29 CFR, Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section Kb)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics subject to the provisions of paragraph 4 of this section; also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs ohlch cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided In paragraphs 6, 7, and 8 of this section. Laborers or mechanics performing work In more than one classification may b« compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent In each classification In which work Is performed. The wage determination (Including any additional classification and wage rates conformed under paragraph 3 and 4a of this section) and the Davis-Bacon poster (NH-1321) shall be posted at all times by the contractor and Its subcontractors at the site of the work In a prominent and accessible place where It can be easily seen by the workers. 2. Payment of Excess Msgess While the wage rates shown are the minimum rates required by the contract to be paid during Its life, this Is not a representation that labor can be obtained at these rates. No Increase In the contract price shall be allowed or authorized on account of the payment of wage rates In excess of those listed therein. 3. Classifications a. The State highway agency contracting officer shall require that any class of laborers or mechanics which Is not listed In the wage determination and which Is to be employed under the contract shall be classified In conformance with the wage determination. The State highway agency contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (t) The work to be performed by the classification requested Is not performed by a classification In the wage determination; and (2) The classification Is utilized In the area by the construction Industry; and (3) the proposed wage rate. Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination. b. If the contractor and the laborers and mechanics to be employed In the classification (If known), or their representative, agree with the classification and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the State highway agency contracting officer to the Administrator of the Mage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, O.C. 20210. PR-1273(Rev. 5-63)FR-16 - 57 - The Administrator, or an ' authorized representative, will approve, modify, or disapprove •very additional classification action within 30 days of receipt or will notify the State highway agency contracting officer within the 30-day period that additional tine Is necessary. c. In the event the contractor, or the laborers or mechanics to be employed In the classification or their representatives, do not agree with the State highway agency contracting officer on the proposed classification and wage rate (Including the amount designated for fringe benefits, where appropriate), the State highway agency contracting officer shall refer the questions, Including the views of all Interested parties and the recommendation of the State highway agency contracting officer, to the Administrator, Mage and Hour Division, Department of Labor, for determination. The Administrator, Mage and Hour Division, Department, of Labor, or an authorized representative, will Issue a determination within 30 days of receipt or wi 11 notify the State highway agency contracting officer within the 30-day period that additional time Is necessary. 4. fringe Benefits: a. The wage rate (Including fringe benefits where appropriate) determined pursuant to paragraphs 3 b and c of this section, shall be paid to all workers performing work In the classification under this contract from the first day on which work Is performed In the classification. b. Whenever the minimum wage rate prescribed In the contract for a class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor shall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. c. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the appl Icable standards of- the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. 5. Mlttiholdlng: a. The State highway agency shall, upon Its own initiative, or upon written request of an authorized representative of the Department of Labor, withhold, or cause to be withheld, from the contractor under this contract, or any other contract between It and the contractor, subject to Davis-Bacon prevailing wage requirements, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices and trainees, employed by the contractor, or any subcontractor, the ful I amount of wages required by the contract. b. In addition thereto, the Federal Highway Administration shall, upon Its own Initiative, or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any Federal contract with the contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which Is held by the contractor, so much of the accrued payments or advances as may be necessary to make the payments set forth In paragraph a. of this section. c. In the event of failure to pay any laborer or mechanic. Including any apprentice or trainee, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Highway Administration may, after written notice to the State highway agency, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. PR-1273(Rev. 5-63)FR-17 - 58 - 6. Apprentices (Department of Labor): Apprentices •ill bo pormittod to work at less than the prodotorninod rato for ttio work they perform when they aro employed pursuant to, and Individually registered In, a bone fide apprenticeship program registered with the 'U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by that Bureau, or If a person Is employed In his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who Is not Individually registered In the program, but «ho has been certified by the Bureau of Apprenticeship1 and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice •age rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the appl(cable wage rate on the wage determination for the work actually performed. Where a contractor Is performing construction on a project In a locality other than that In which Its program Is registered, the ratios and •age rates (expressed In percentages of the journeyman's hourly rate) specified In the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified In the registered program for the apprentice's level of progress, expressed as a percentage of the Journeyman hourly rate specified In the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the ful I amount of fringe benefits listed on the wage determination for the appl (cable classification. If the Administrator, Wage and Hour Division, determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by that Bureau, withdraws approval of an apprenticeship program, the contractor •III no longer be permitted to utilized apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. 7. Trainee* (of Labor): Except as provided In 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and Individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified In the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees shall be paid fringe benefits In accordance with' the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associated with the corresponding journeyman wage rate on the •age determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who Is not registered and participating In a training plan approved by the Employment and Training Administration shall be paid not less than the applicable •age rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not PR-l273(Rev. 5-83)FR-18 - 59 - less than the applicable wage rata on the wage determination for the work actually par tor mad. In the avant the Employment and Training Administration withdraws approval of a training program, tha contractor will no longar be parmlttad to utlllza trainees at lass than tha applicable pradatarminad rata for tha work parformad until an acceptable program Is approved. 8* Apprentices and Trainees <Pr Department of Transportation): of Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal-a Id highway construction programs are not subject to the requirements of Section IV, paragraphs 6 and 7. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. 9. Equal Employment Opportunity: ,,, . The utilization of apprentices, trainees, and journeymen under this part shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,and 29 CFR Part 30. 10. Compliance with CopeIend Act requirements: The contractor shall comply with the requirements of 29 CFR Part 3, which are Incorporated by reference In this contract. 11. Compliance wit* Devi Related Act requirements: Rulings and Interpretations Issued under the Davis-Bacon and Related Acts contained In 29 CFR Parts 1 and 3 are herein Incorporated by reference In this contract. 12. 01spates concerning labor standards: Disputes arising out of the labor standards provisions of this contract shall not be subject to the ganeral disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes, between the contractor (or any of its subcontractors) and the State highway contracting agency, the U.S. Department of Labor, or the employees or their representat I ves . 13. Certification of Eligibility: By entering Into this contract, the contractor certifies that neither It nor any person or firm who has an Interest In the contractor's firm Is a person or firm Ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act (49 U.S.C. 276a-2(a)) or 29 CFR 14. Restrictions en Subcontract Ing: No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act (40 U.S.C. 276a-2(a» or 29 CFR 5.12<a)(1). 15. Penalty for false statements: The penalty for making false statements Is a fine of not more than $10,000 or Imprisonment for not more than five years or both as prescribed by 18 U.S.C. 1001. V. PAYROLLS AM) BASIC RECORDS 1. Contents and retention: Payrolls and basic records relating ttiereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the slta of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described In section Kb) (2MB) of the Davis-Bacon Act), dally and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has PR-1273(Rev. 5-83)FR-19 - 60 - found under Section IV, paragraph 4 (29 CFR 5.5(a)( U(Iv)) that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits under a plan or program described In section Kb) (2) (8) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits Is enforceable, that the plan or program Is financially responsible, and that the plan or program has been communicated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost Incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable program. 2. Statement of Cornel I a. The contractor shall submit weekly for each week In which any contract work Is performed a copy of all payrolls to the State highway agency for transmission to the Federal Highway Administration. The payrolls submitted shall set out accurately and completely all of the Information required by these specifications. This Information may be submitted In any form desired. U.S. Department of labor Optional Form NH-347 may be used for this purpose. The contractor Is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) b. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph 1 of this section (29 CFR 5.5(a)(3)(l)) and that such Information Is correct and complete; (2) That each laborer or mechanic (Including each apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or Indirectly from the fu11 wages earned, other than permissible deductions as set forth In 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified Iri the applicable wage determination Incorporated Into the contract. c. The weekly submission of a properly executed certifcatlon set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission .of the "Statement of Compl lance11 required by paragraph b. of this section. 3. Penalties for falsifications The falsification of any of the above certlflattens may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. 4. Availability of records: The contractor and subcontractors shal I make the records required under paragraph I of this section available for Inspection, copying or transcription by authorized representatives of the State highway agency, the Federal Highway Administration, and/or the Department of Labor, and shal I permit such representatives to Interview employees during working hours on the job. If the contractor or subcontractors fall to submit the required records or to make them available, the Federal Highway Administration may, after written notice to the State highway aency, take such action as may be necessary to cause the suspension of any further payment of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for determent action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES AND LABOR 1. The provisions In this section are applicable to all contracts except contracts for secondary highways, contracts financed solely with funds provided by the Highway PR-1273(Rev. 5-83)FR-20 - 61 - Beautlflcatlon Act of 1965, as amended, and contracts with a total bid price less than $500,000. 2. The contractor shall maintain a record of the total cost of all materials and sup- plies purchased for and Incorporated In the work, and also of the quantities of those specific materials and supplies listed on Form PR-47 and In the units shown. Upon completion of the contract, this record, together with the final labor summary required In Section V, paragraph 3, hereof, shall be transmitted to the State highway department resident engineer for the project on Form PR-47 In accordance •Ith Instructions attached thereto, which will be furnished for this purpose upon request. The quantities for the listed Items shall be reported separately for roadway and for struc- tures over 20 feet long as measured along the center!Ine of the roadway. 3. The contractor shall become familiar with the list of specific materials and sup- plies contained In Form PR-47 prior to the commencement of work under this contract. Any additional materials information required will be solicited through revisions of Form PR-47 with attendant explanations. 4. where subcontractors are Involved the contractor shall submit either a single report covering work both by himself and all his subcontractors, or he may submit separate reports for himself and for each of his subcontractors. VII. SUBLET!INS OR ASSIGNING THE CONTRACT 1. The contractor shall perform with his own organization contract work amounting to not less than 30 percent of the original total contract price, except that any items designated by the State as "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the contractor with his own organization. a. "His own organization" shall be construed to Include only workmen employed and paid directly by the prime contractor and equipment owned or rented by him, with or without opera* tors. b. "Specialty Items" shall be construed to be limited to work that requires highly spe- cialized knowledge, craftsmanship or equipment not ordinarily available In contracting organizations qualified to bid on the contract as a whole and In general are to be limited to minor components of the overall contract. 2. In addition to the 30 percent requirement set forth in paragraph I above, the contractor shall furnish (a) a competent superintendent or foreman who Is employed by him, who has full authority to direct performance of the work In accordance with the contract requirements, and who is In charge of all construction operations (regardless of who performs the work), and (b) such other of his own organizational capability and responsibility (supervision, management, and engineering services) as the State highway department contracting officer determines Is necessary to assure the performance of the contract. 3. The contract amount upon which the 30 percent requirement set forth in paragraph 1. Is computed includes the cost of materials and manufactured products which are to be pur- chased or produced by the contractor under the contract provisions. 4. Any Items that have been selected as "Specialty Items" for the contract are listed as such In the Special Provisions, bid sched- ule, or elsewhere In the contract documents. 5. No portion of the contract shall be sublet, assigned or otherwise disposed of •xcept with the written consent of the State highway department contracting officer, or his authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Request for permission to sublet, assign, or otherwise dispose of any portion of the contract shall be In writing and accompanied by (a) a showing that the organization which will perform the work Is particularly experienced and equipped for such work, and (b) an assurance by the PR-1273(Rev. 5-83)FR-21 - 62 - contractor that the labor standards provisions set forth In this contract shall apply to labor performed on all work encompassed by the request. VIII. SAFETY; ACCIDENT PREVENTION In the performance of this contract, the contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his own responsibility, or as the State highway department contracting officer may determine, reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property In connection with the performance of the work covered by the .contract. It Is a condition of this contract, and shall be made a condition of each subcontract entered Into pursuant to this contract, that the contractor and any subcontractor shall not require any laborer or mechanic employed In performance of the contract to work In sur- roundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from from time to time), promulgated by the United States Secretary of Labor, In accordance with Section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96). IX. FALSE STATOENTS CONCERN IM6 HIGHWAY PROJECTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of relia- bility on statements and representations made by engineers, contractors, supplies, (sic) and workers on Federal-aId highway projects, It Is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project Is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project In one or more places where It Is readily available to all personnel concerned with the project: » * » • NOTICE TO ALL PERSONNEL ENCASED ON FEDERAL-AID HI SWAY PROJECTS Title 18, United States Code, Section 1020, reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof In connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submlttted for approval to the Secretary of Transportation; or "Whoever knowingly makes any false state- ment, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work per- formed or to be performed, or materials fur- nished or to be furnished. In connection with the construction of any highway or related project approved by the Secretary of Trans- portation; or "Whoever knowingly makes any false state- ment or false representation as to a material fact In any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Road Act approved July 1, 1916 (39 Stat. 395), as amended and supplemented; "Shall be fined not more than $10,000 or Imprisoned not more than five years, or both." PR-t273(Rev. 5-83)FR-22 - 63 - X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL MATER POLLUTION CONTROL ACT (APPLICABLE TO CONTRACTS AND SUBCONTRACTS MUCH EXCEED $100,000) 1. The contractor stipulates that any facility to be utilized In the performance of this contract, unless such contract Is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Mater Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations In Implementation thereof (40 C.F.R. Part 15), Is not listed, on the date of contract award, on the U.S. Environmental Protection Agency, (EPA) List of Violating Facilities Pursuant to 40 C.F.R. 15.20. 2. the contractor agrees to comply with all the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. The contractor shall promptly notify the State highway department of the receipt of any communication from the Director, Office of Federal Activities, EPA, Indicating that a facility to be utilized for the contract Is under consideration to be listed on the EPA List of Violating Facilities. 4. The contractor agrees to Include or cause to be Included the requirements of subparagraphs 1 through 4 of this paragraph X In every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. XI. CONTRACT WORK HOURS AND SAFETY STANDARD ACT REQUIREMENTS t. Overtime requirements: No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics. Including watchmen and guards, shall require or permit any such laborer or mechanic In any workweek In which he or she Is employed on such work to work In excess of eight hours In any calendar day or In excess of forty hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked In excess of eight hours In any calendar day or In excess of forty hours In such workweek, whichever Is greater. 2. Violation; liability for oupeid veges; IIquldeted damages: In the event of any violation of paragraph 1 of this Section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (In the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, Including watchmen and guards, employed In violation of paragraph 1 of this Section, In the sum of S10 for each calendar day or workweek In which such Individual was required or permitted to work In excess of eight hours or In excess of the standard workweek of forty hours without payment of the overtime wages required by paragraph 1 of this Section. 3. Withholding for wee Id weges and liquidated damagest The Federal Highway Administration shall upon Its own Initiative or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor and all subcontractors under this contract or any Federal contract with the same contractor, or any other Federally-assisted contract subject to the Contract Ktork Hours and Safety Standards Act, which Is held by the same contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor and all subcontractors for unpaid wages and liquidated damages as provided In paragraph 2 of this Section. PR-1273(Rev. 5-83)FR-23 - 64 - 6-1.06 FEDERAL-AID PROPOSAL NOTICE I. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offerer's or Bidder's attention Is called 1e the "Equal Opportunity Clause" set forth herein. 2. The following goal for female utiliza- tion shall be Included In all Federal and federally assisted construction contracts and subcontracts In excess of $10,000. The goal Is applicable to the contractor's aggregate on-slte construction workforce whether or not part of that workforce Is performing work on a Federal or federally assisted construction contract or subcontract. CALIFORNIA ECONOMIC AREA Goal for women (applies nationwide),.(percent) 6.9 Until further notice, the following goals for minority utilization In each construction craft and trade shall be Included In all Federal or federally assisted construction contracts and subcontracts In excess of SI0,000 to be performed In the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construc- tion workforce, regardless of whether or not part of that workforce Is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are partici- pating In an approved Hometown Plan (see 41 CFR 60-4.3) are required to comply with the goals of the Hometown Plan with regard to construc- tion work they perform In the area covered by the Hometown Plan. With regard to all their other covered construction work, such contrac- tors are required to comply with the applicable SMSA or EA goal contained herein. Goal (Percent) 174 Redding, CA: Non-SMSA Counties CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA SI ski you; CA Tehama. 179 Eureka, CA: 6.8 Non-SMSA Counties 6.6 CA Del Norte; CA Humboldt; CA Trinity. 176 San Franclsco-Oakland-San Jose, CA: SMSA Counties: 7120 SaIInas-Seaslde- Monterey, CA 28.9 CA Monterey. 7360 San Francisco-Oakland, CA. 25.6 CA Alameda; CA Contra Costa; CA Mar In; CA San Francisco; CA San Mateo. 7400 San Jose, CA 19.6 CA Santa Clara. 7489 Santa Cruz, CA 14.9 CA Santa Cruz. 7500 Santa Rose, CA 9.1 CA Sonoma. 8720 Vallejo-Falrfield- Napa, CA 17.1 CA Napa; CA Solano Non-SMSA Counties CA Lake; CA Mendocino; CA San Ben I to. 23.2 FR-24 - 65 - 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA.... CA Placer; CA Sacramento; CA Yolo. Non-SMSA Counties. CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba. 178 Stockton-Modesto. CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus. 8120 Stockton, CA CA San Joaquln. Non-SMSA Counties CA Alpine; CA Amador; CA Ca I averas; CA Marlposa; CA Merced; CA Tuolumne. 179 Fresno-Bakersfleld, CA: SMSA Counties: 0680 Bakersfleld, CA., CA Kern. 2840 Fresno, CA CA Fresno. Non-SMSA Counties. CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA CA Orange. 4480 Los Angeles-Long Beach, CA CA Los Angeles. 6000 Oxnard-Simi Valley- Ventura, CA CA Ventura. 6780 Riverside-San Bernardino- Ontario, CA CA Riverside; CA San Bernardino. 16.1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 19.0 7480 Santa Barbara-Santa Marla- Lompoc, CA 19.7 CA Santa Barbara. Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Oblspo. 181 San 01 ego, CA: SMSA Counties 7320 San 01 ego, CA 16.9 CA San 01 ego. Non-SMSA Counties 18.2 CA Imperial. These goals are applicable to all the Con- tractor's construction work (whether or not It Is Federal or federally assisted) performed In the covered area. If the contractor performs construction work In a geographical area located outside of the covered area. It shall apply the goals established for such geographi- cal area where the work Is actually performed, with regard to this second area, the contractor also Is subject to the goals for both Its federally Involved and nonfederally involved construction. The Contractor's compliance with the Execu- tive Order and the regulations In 41 CFR Part 60-4 shall be based on Its Implementation of the Equal Opportunity Clause, specific affir- mative action obligations required by the specifications set foth In 41 CFR 60-4.3(a), and Its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and In each trade, and the contractor shall make a good faith effort to employ minorities and 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 Exe- cutive Order and the regulations In 4t CFR Part 60-4. Compliance with the goals will be mea- sured 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 FR-25 - 66 - working days of award of any construction sub- contract In excess of $10,000 at any tier for construction work under the contract resulting trow this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer Identi- fication number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area In •hich the subcontract Is to be performed. 6-1.07 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER It246) 1. As used In these specifications: a. "Covered area" means the geographical area described In the solicitation 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 Identification number" means the Federal Social Security number used on the Employer * s Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" Includes: (I) Slack (all persons having origins In any of the Black African racial groups not of Hispanic origin); (II) Hispanic (all persons of Mexican, Puerto Rlcan, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (III) Asian and Pacific Islander (alt persons having origins In any of the original peoples of the Far East, South- east Asia, the Indian Subcontinent, or the Pacific Islands); and (Iv) American Indian or Alaskan Native (all parsons having origins In any of the original peoples of North America and maintaining Identifiable tribal affilia- tions through membership and participa- tion or community Identification). 2. Whenever the Contractor, or any Sub- contractor at any tier, subcontracts a portion of the work involving any construction trade. It 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 and female participation and which Is set forth In the solicitations from which this contract resul ted. 3. If the Contractor Is participating (pur- suant to 41 CFR 60-4.3) In a Hometown Plan approved by the U.S. Department of Labor in the covered area either Individually or through an association, Its affirmative action obliga- tions on all work In the Plan Area (including goals and timetables) shall be In accordance with that Plan for those trades which have unions participating In the Plan. Contractors must be able to demonstrate their partici- pation In and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan Is individually required to comply with Its obligations under the EEO clause, and to make a good faith effort to achieve each goal under th* Plan In each trade In which It has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal In an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall Implement the specific affirmative action standards provided in paragraphs 7a through p of 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 FR-26 - 67 - In the covered area. Covered construction contractors performing construction work In geographical areas where they do not nave a Federal or federally assisted construction contract snail apply the minority and female goals established for the geographical area •here the work Is being performed. Goals are published periodically In the Federal Register In notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor Is expected to make substantially uniform progress In meeting 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 collec- tive bargaining agreement, to refer either minorities or women shall excuse the Contrac- tor's obligations under these specifications, Executive Order 11246, or the regulations 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 opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affir- mative actions to ensure equal employment opportunity. The evaluations of the Contrac- tor's compliance with these specifications shall be based upon Its effort to achieve maximum results from Its actions. The Contrac- tor shall document these efforts fully, and shall Implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environ- ment free of harassment, Intimidation, and coercion at all sites, and In all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onslte super- visory personnel are aware of and .carry out the Contractor's obligation to maintain such a working environment, with specific atten- tion to minority or female Individuals working at such sites or In such facili- ties. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or Its unions have employment opportunities avail- able, and maintain a record of the organi- zations' responses. c. Maintain a current file of the n»«»», addresses and telephone numbers of each minority and female off-the-street appli- cant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such Individual. If such Individual was sent to the union hir- ing 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 Cbntractor may have taken. d. Provide Immediate written notifica- tion to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other Information that the unIon referral process has Impeded the Contractor's efforts to meet Its obli- gations. 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 FR-27 - 68 - apprenticeship and train** programs relevant to th* Contractor's employment needs, especially those programs funded or approved by th* Department of Labor. The .Contractor shall provide notice of these programs to the sources compiled 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 th* Contrac- tor In Meeting Its EEO obligations; by Including It In any policy manual and collective bargaining agreement; by publicizing It In th* company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting th* company EEO policy on bulletin boards accessible to all employees at each location where construction work Is performed. g. Review, at least annually, th* com* pany's EEO policy and affirmative action obligations under th*s* specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions Including specific review of these Items with onslte supervisory personnel such as Superinten- dents, General Foremen, etc., prior to the Initiation 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 th* 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 students and to minority and female recruitment and training organi- zations serving the Contractor's recruitment area and employment needs. Not later than one month prior to th* date for th* accep- tance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifica- tion to organizations such as the above, describing th* openings, screening proce- dures, and tests to be used In th* selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on th* sit* and In other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there Is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an Inventory and evaluation at least of all minority and female personnel for promo- tional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discrim- inatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and com- pany activities are nonsegregated except that separate or sIngIe-user to 11et 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 FR-28 - 69 - from minority and female 'construction contractors and suppliers. Including circu- lation 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 obliga- tions. 8. Contractors are encouraged to partici- pate In voluntary associations, which assist In fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor ^inlon, contractor-community, or other similar group of which the Contractor Is a member and participant, may be asserted as fulfilling any one of more of Its obligations under 7a through p of these Specifications provided that the Contractor actively particpates In the group, mates every effort to assure that the group has a positive Impact on the employment of minorities and women In the industry, ensures that the concrete benefits of the program are reflected In the Contractor's minority and female workforce participation, makes a good faith effort to meet Its Individual 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 Contractor *s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompl lance. 9. A single goal for minorities and a sepa- rate single goal for women have been estab- I I shed. The Contractor, however. Is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be In violation of the Executive Order if a particular group Is employed In a substantially, disparate manner (for example, even though the Contractor has achieved Its goals for women generally, the Contractor may be In violation of the Executive Order If a specific minority group of women Is underutlI(zed). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter Into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, Including suspension, termination and cancellation of existing subcontracts as may be Imposed or ordered pursuant to Executive Order 11246, as amended, and Its Implementing regu- lations, by the Office of Federal Contract Compliance programs. Any Contractor who falls to carry out such sanctions and penalties shall be In violation of these specifications 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 specifi- cations, so as to achieve maximum results from Its efforts to ensure equal employment oppor- tunity. If the Contractor falls to comply with the requirements of the Executive Order, the Implament Ing regulations, or these speci- fications, the Director shall proceed 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 at which the work was performed. Records shall be FR-29 - 70 - 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. 19. Nothing herein provided shall be con- strued as a limitation upon ttte application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). " ir 16. In addition to the reporting requirements set forth elsewhere In this contract the Contractor and subcontractors holding subcontracts, not Including material suppliers, of SI0,000 or more, shall submit for every month of July during which work Is performed, employment data as contained under Form PR-1391 (Appendix C to 23 CFR, Part 230), and In accordance with the Instructions included thereon. FR-30 SECTION 7. (BLANK) SECTION 8. MATERIALS SECTION 8-1. MISCELLANEOUS 8-1.00 BUY AMERICA REQUIREMENTS Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this project shall occur in the United States. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United St ates. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the cost of such materials used does not exceed one-tenth of 1 percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel prior to incorporating such materials into the work. - 71 - SECTION 9. DESCRIPTION OF WORK Modify and upgrade signals at Carlsbad Boulevard and Grand Avenue and at El Camino Real and Chestnut Avenue as shown on the plans and in the specifications. - 72 - SECTION 10. CONSTRUCTION DETAILS 10-1.1 MAINTAINING TRAFFIC Attention is directed to Sections 7-1.08, "Public Conve- nience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these special provisions, and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Section 12-3.09, "Temporary Railing (Type K)", of the Standard Sepcifications is amended by adding the following after the 13th paragraph: Each rail unit placed within 10 feet of a traffic lane shall have a State-furnished marker installed thereon as directed by the Engineer. The Contractor shall install a Type P marker at each end of a Type K railing installed adjacent to a two way highway and at the end of railing facing traffic when installed adjacent to a one way roadway. Full compen- sation for furnishing and installing Type P markers and for installing State-furnished markers, as provided in this paragraph, will be considered as included in the contract price paid per linear foot for Type K railing that is to be paid for and in the contract prices paid for the items of work requiring the installation of Type K railing for such rail that is not to be paid for. Lane closures shall conform to the provisions in the section of these special provisions entitled "Traffic Control System for Lane Closure". Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. The Contractor shall notify local authorities of his intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrange- ments relative to keeping the working area clear of parked vehicles. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taped in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A - 73 - minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. A minimum of one paved traffic lane, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction. No work that interferes with public traffic shall be performed between 3:30 P.M. and 9:00 A.M. except work required under said Sections 7-1.08 and 7-1.09. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 P.M. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress. Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday whall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Frinday shall be a designated legal holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public trffic will be better served and the work expedited. such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order. 10-1.2 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE A traffic control system shall consist of closing traffic lanes in accordance with the details shown on the plans, the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, the provisions under "Maintaining Traffic" elsewhere in these special provisions, and these special provisions. The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Standard Speci ficat ions. The base material of construction area signs shall not be plywood. - 74 - Each vehicle used to place, maintain, and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the plans shall not be used on the vehicles which are doing the placing, maintaining, and removing, and shall be in place before a lane closure requiring its use is completed. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right-of-way. Except for flagging costs, full compensation for providing the traffic control system shown on the plans (including signs) shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. Flagging costs will be paid for as provided in Section 12-2.02, "Flagging Costs," of the Standard Specifications. Traffic control system required by work which is classed as extra work, as provided in Section 4-1.03D of the Standard Specifica- tions, will be paid for as part of said extra work. 10-1.3 ASPHALT CONCRETE Asphalt concrete shall be placed at the locations shown on the plans and shall conform to these special provisions. Asphalt concrete shall conform to the following requirements: 1. Asphalt concrete shall be produced at a central mixing plant. 2. Paving asphalt and aggregates shall be commercial quality. 3. The amount of asphalt binder to be mixed with the aggregate shall be between 5 percent and 10 percent by - 75 - weight of the dry aggregate. The exact amount will be determined by the Engineer. 4. The aggregate shall have a Sand Equivalent value of not less than 30. 5. The aggregate shall conform to the 3/8 inch maximum grading specified for Type B asphalt concrete in Section 39-2.02, "Aggregate," of the Standard Specifications. 6. A Certificate of Compliance shall be furnished to the Engineer in accordance with the provisions in Section 6- 1.07, "Certificates of Compliance," of the Standard Specifications. Areas to receive asphalt concrete shall be cleared of all trash, debris, and vegetation and shall be graded to a smooth and even surface and compacted thoroughly. Trash, debris, vegetation and surplus material shall be disposed of outside the highway right- of-way as provided in Section 7-1.13 of the Standard Specifica- tions. Low spots shall be filled where necessary. Where asphalt concrete surfacing is placed adjacent to curbs, the subgrade shall be graded so that after the surfacing is placed, the top of the surfacing will be flush with the top of the curb. Asphalt concrete shall be spread at a temperature of not less than 250°F. Spreading shall be performed by any method that will produce an asphalt concrete surfacing of uniform smoothness and texture. Asphalt concrete shall be placed in one layer to a compacted thickness of 0.17 foot. Full compensation for asphalt concrete shall be considered as included in the contract lump sum price paid for constructing signals at El Camino Real and Chestnut Avenue and no separate payment will be made therefor. 10-1.4 WHEELCHAIR RAMPS Wheelchair ramps shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifica- tions and these special provisions. Full compensation for wheelchair ramps shall be considered as included in the contract lump sum price paid for constructing signals at El Camino Real and Chestnut Avenue and no separate payment will be made therefor. 10-3. SIGNALS AND LIGHTING DESCRIPTION: Modifying traffic signals and highway lighting shall conform to the provisions in Section 86, "Signals and - 76 - Lighting", of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation dated July, 1984, and these special provisions. Traffic signal work is to be performed at the following locat ions: Location A - Carlsbad Boulevard at Grand Avenue Location B - El Camino Real at Chestnut Avenue The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that becomes evident within six (6) months after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these specifications, any part of the work which during the six (6) month period is found to be deficient with respect to any provision of the plans and specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make ttye • repairs and replacments promptly, the City may do the work arid the Contractor and his surety shall be liable to the City for the cost. EQUIPMENT LIST AND DRAWINGS: The controller cabinet schematic wiring diagram and intersection sketch, to be mounted on the cabinet door, shall be combined into one drawing so that, when the cabinet door is fully open, the drawing is oriented with the intersection. The Contractor shall furnish two maintenance manuals for all controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance manual or combined maintenance and operation manuals shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manuals shall include, but need not be limited to, the following items: (a) Specifications (b) Design characteristics (c) General operation theory (d) Function of all controls (e) Trouble shooting procedure (diagnostic routines) (f) Block circuit diagram (g) Geographical layout of components (h) Schematic diagrams - 77 - (i) List of replaceable component parts with stock numbers MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS: Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 A.M. and 3:30 P.M. The Contractor shall place "Stop Ahead" and "Stop" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary "Stop Ahead" and "Stop" signs shall be either covered or removed when the system is turned on. "Stop Ahead" and "Stop" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12- 3.06, "Construction Area Signs", of the Standrad Specifications, except that the base material for the signs shall not be plywood. One "Stop Ahead" sign and one "Stop" sign shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. Full c^ifmpensat ion for furnishing, installing, maintaining and removing temporary "Stop Ahead" and "Stop" signs and for covering signs not in use shall be considered as included in the contract lump sum price paid for the signal item involved and no additional compensation will be allowed therefor. Existing traffic signal systems shall not be placed in new phase operation until all equipment is installed and pavement markings are complete. All existing signal indications, pedestrian push buttons, detec- tors, and control equipment shall be maintained in operation, except during shutdown hours as specified above. Existing luminaires, that are to be removed shall remain in operation until the replacement luminaire is installed and operating. Cost for minor temporary wiring, which may be required on a day- to-day basis, shall be considered as part of the lump sum bid price for each intersection. SCHEDULING OF WORK: The Contractor may perform sub-surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment, and shall begin said work within 10 days of the date of execution of contract. - 78 - Above ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All striping, pavement markings, and signing shall be in place prior to signal turn on. FOUNDATIONS: Portland cement concrete shall conform to Section 90-10, "Minor Concrete", of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than 564 pounds of cement per cubic yard. STANDARDS, STEEL PEDESTALS AND POSTS: Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. CONptJLT: Non-metallic type conduit shall not be used. The fourth sentence in the third paragraph in Section 86-2.05C, "Installation", of the Standard Specifications is amended to read: When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded union coupling, concrete-tight split coupling, or concrete-tight set screw coupling shall be used. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. PULL BOXES: Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Pull boxes, pull box covers, and pull box extensions shall be concrete. - 79 - Standard Plan Drawing ES-8, "Pull Box Details", Note 4a.5 and b.9 shall not apply to this project. CONDUCTORS AND WIRING: Splices shall be insulated by "Method B". Conductors No. 8 AWG, or larger, shall be spliced by the use of "C" shaped compression connectors as shown on the plans. Emergency vehicle pre-emptor detector lead-in cable shall conform to the provisions of Section 86-2.08, "Conductors", of the Standard Specifications and these special provisions. Emergency vehicle pre-emptor detector lead-in cable shall meet the characteristics of IPCEA-S-61-402 or NEMA WC5, Section 7.4, 600V. Control Cable, 75°C, Type B. Conductors shall be 3 No. 20-7X28 standard. Conductor strands shall be individually tinned. Conductor insulation shall be a low-density polyethylene material having a minimum thickness of 25 mils. .* Conductors shall be color coded; 1-yellow, 1-blue, and 1-orange. The cable shall have 1 No. 20-7X28 stranded, tinned, bare drain wire. The drain wire shall be placed between the insulated conductors and a shield. The shield shall be of tinned copper-brass or aluminum polyester tape with a nominal 20% overlap. The conductive surface of the shield shall be in contact with the drain wire. Capacitance measured between any conductor and the other two conductors and the shield shall not exceed 48 pico-farads per foot when tested at 1000 hertz. The cable jacket shall be a black PVC material rated for 600 volts and 75°C and shall have an average minimum wall thickness of 45 mils. The finished outside diameter of the cable shall be between 0.28 and 0.30 of an inch. The cable jacket shall be marked with the manufacturers name, insulation type designation, number of conductors and conductor - 80 - size, and voltage and temperature ratings. BONDING AND GROUNDING: Grounding jumper shall be attached by a 3/16 inch, or larger, brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod, or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundat ion. Equipment grounding conductors will not be required in conduit containing loop lead-in cables only. SERVICE: If service equipment cabinet design deviates in any way from the details shown on the plans, details of such deviation shall be submitted to the Engineer for review before fabrication of the contract cabinets. If deemed necessary by the Engineer, one complete prototype cabinet shall be delivered to the Engineer for review at least 30 days before fabrication of the contract fixtures. The prototype cabinet will be returned to the Contractor and, if permitted by the Engineer, the cabinet may be installed in the work. The twelfth paragraph in Section 86-2.11, "Service", of the Standard Specifications, is amended to read: Except for falsework lighting, the Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations and the Contractor shall pay all costs and fees required by the utility. TESTING: Testing shall conform to Section 86-2.14 "Testing" of the Standard Specifications. The sixth paragraph in Section 86-2.14C, "Functional Testing", of the Standard Specifications, is amended to read: During the test period, the City or its representative will maintain the system or systems. The cost of any maintenance necessary, except electrical energy and maintenance due to damage by public traffic, shall be at the Contractor's expense and will be deducted from any moneys due, or to become due the Contractor. The eighth paragraph in Section 86-2.14C, "Functional Testing", of the Standard Specifications, is amended to read: A shutdown of the electrical system resulting from damage caused by public traffic or from a power interruption shall not constitute discontinuity of the - 81 * functional test. Testing of control equipment and cabinet wiring complete shall be accomplished at the Caltrans Transportation Laboratory. The cost of any maintenance of the system or systems, except that caused by a power interruption or damage by public traffic, after the completion of the functional test, shall be the Contractor's responsibility until the final acceptance by the City or its representative. This cost shall be deducted from any moneys due or to become due the Contractor. Payment for necessary delivery, testing, modifications, repair, storage, and pickup is included in the bid price. No additional compensation for this item will be made. All references to State testing facilities or laboratories shall be interpreted as the City designated testing facility. However, State testing procedures referred to shall remain in effect. The test program for the Model 170 controller unit and the Local Intersection Program shall be delivered at the same time as the complete controller assembly. When n^Ji-fied by the Engineer, the Contractor shall pick up the complete' controller assembly and haul same to the site of the work at his expense. The Contractor shall allow a minimum of 10 working days for operational testing and adjustment, with the added provision that, if the equipment should fail, an additional 10 day period shall be allowed for retesting. All testing and transportation and/or shipping costs for the complete control system shall be borne by the Contractor. MODEL 170 CONTROLLER ASSEMBLIES: Caltrans Model 170 controller assembly or assemblies shall be furnished by the Contractor complete with all equipment and software programs required to provide the operation shown on the plans. The Contractor shall arrange to have a signal technician, qualified to work on the controller unit and employed by the controller .unit manufacturer or his representative, present at the time the equipment is turned on. EMERGENCY VEHICLE PRE-EMPTION: Emergency vehicle traffic signal detector systems shall consist of transmitters, receivers, and associated wire and components. The transmitters will be an approved device mounted on emergency vehicles. The receivers shall be mounted at or near the intersections to be controlled. - 82 - The system shall permit detection of two classes of authorized vehicles. Class I vehicles shall be capable of being detected at a range of up to 1,000 feet (300 meters). Class II vehicles shall be capable of being detected at a range of up to 1,800 feet (550 meters). Class I signals, those emitted by Class I vehicles, shall be distinguished from Class II signals, those emitted by Class II vehicles, on the basis of the modulation frequency of the respective emitter. The modulation frequency for Class I signal emitters shall be 9.639 Hz - 0.250 Hz. The system shall establish a priority of Class II vehicle signals over Class I vehicle signals, and shall conform to the require- ments of Section 25352, California Vehicle Code. Optical Detection/Discriminator Assembly Each optical detection/discriminator assembly shall consist of one or more detectors, connecting cable and a discriminator module. Each such assembly, when used with standard emitters, shall have a rangj* -of at least 1,000 feet (300 meters) for Class I signals and 1,1300 feet (550 meters) for Class II signals. Standard emitters for both classes of signals shall be available from the manufacturer of the system. Optical Detector - Each optical detector shall be a weatherproof unit capable of being easily mounted on a mast arm. The housing shall have at least one opening threaded for 3/4 inch conduit, through which all wiring shall enter. Each detector shall weigh not more than two pounds and shall present a maximum wind load area of 36 square inches. Each detector shall be capable of receiving optical energy from either one or both of two axially opposed directions. The reception angle shall be a maximum of —6 degrees (12 degrees total included angle) measured in the horizontal plane about the center axis of the light sensing element. The reception angle in the vertical plane measured about the center axis of the light sensing element shall be a maximum of four- degrees above and eight degrees below that center axis. Measurements are to be taken with the emitter assembly at near maximum range. All internal circuitry shall be solid-state and electric power shall be provided by the respective discriminator module. - 83 - Cable - Detector cable shall meet the requirements of IPCEA- S-61-402/NEMA WC 5, Section 7.4, 600-volt control cable, 75°C, Type B, and the following: a. The cable shall contain three conductors, each of which shall be #20 (7X28) stranded, tinned copper with 25 mil minimum average thickness low-density polethylene insulation. Insulation shall be color coded: 1-yellow, 1-blue, 1-orange. b. The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20% overlap. Where the film is used, a No. 20 (7X28) stranded, tinned, bare drain wire shall be placed between the insulated conductors and the shield and in contact with the conductive surface of the shield. c. The jacket shall be black polyvinyl chloride with minimum ratings of 600 volts and 80°C, and a minimum thickness of 45 mils. The jacket shall be marked as required by IPCEA/NEMA. . 4*. it'-'d". The finished outside diameter of the cable shall not exceed 0.35 inch. e. The capacitance as measured between any conductor and the other conductors and the shield shall not exceed 48 picofarads per foot at 1,000 Hz. VEHICLE SIGNAL FACES AND SIGNAL HEADS: Signal section housings shall be metal type. All lamps for traffic signal units (including programmed visibility type) shall be furnished by the Contractor* Plastic signal housings, backplates, visors, and optical units are not acceptable. The housing shall be cast aluminum and all non-programmed lenses shall be glass. The second paragraph in Section 86-4.01C, "Electrical Components", of the Standard Specifications, is amended to read: Each lamp receptacle shall be wired with a conductor, connected to the shell of the receptacle, with white insulation, and a conductor, to the bottom or end terminal of the receptacle, with insulation color-coded as follows: Red Signal - solid red insulation Yellow Signal - solid yellow insulation - 84 - Green Signal - solid green insulation These conductors shall, in turn, be connected to a terminal block mounted inside at the back of the housing. The terminal block shall have sufficient screw type terminals to terminate all field conductors and lamp conductors independently, with separate screws. The terminals to which field conductors are attached shall be permanently identified or conductors shall be color coded to facilitate field wiring. PROGRAMMED VISIBILITY VEHICLE TRAFFIC SIGNAL HEADS - Lamps shall be furnished by the Contractor. Horizontal pipe fittings for programmed visibility heads shall be extended a minimum of 18 inches toward the center of intersec- tion, to allow for masking and relamping. PEDESTRIAN SIGNALS - Pedestrian signals shall be Type C, with z-crate type screen. The hood described in Section 86-4.05D, "Visors", of the Standard Specifications shall be provided. it" • DETECTORS - Loop detector sensor units shall be two or four channel, utilizing sequential scanning of channels. Loop wire shall be Type 1. Loop detector lead-in cable shall be Type A. The number of sensor units and lead-in cables required to achieve the specified detection shall be installed. The Contractor shall test the detectors with a motor-driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven-cycle through the response or detection area of the detector at not less than three miles per hour nor more than seven miles per hour. The Contractor shall notify the City maintenance facility the same day of any detector being disconnected or connected and of any timing adjustments made. - 85 - Detectors will be disconnected or connected and timing adjustments made by maintenance personnel at the Contractor's request with twenty-four hour advance notice to the City maintenance company traffic signal laboratory. LUMINAIRES: Luminaires shall be the cutoff type. Glare shields are not required on semi-cutoff or full cutoff luminaires. Each luminaire shall be die-cast aluminum, with integral regulator ballast and Type IV photoelectric control (Section 86- 6.07A) for use in a multiple 120V circuit. The optical assembly shall provide true 90° cutoff and shielding (without external glare shield) and shall consist of: a glass or glass coated gasketed reflector; a heat and impact resistant, flat glass lens; a porcelain enclosed mogul multiple screw shell socket with lamp grips. The optical assembly shall contain an activated charcoal filter which prevents particulate and gaseous cont amination. -*.The ref'le'ctor shall be specifically designed to produce an ANSI, IES medium, cutoff, Type III light distribution when used with either a 250 or 400 watt high pressure sodium lamp. INTERNALLY ILLUMINATED STREET NAME SIGNS: Internally illuminated street name signs shall be Type A. PHOTOELECTRIC CONTROL: The photoelectric control unit shall consist of photoelectric unit in a weather proof housing which plugs into an EEI-NEMA twist lock receptacle integral with the luminaire. The photoelectric unit shall provide an output in response to changing light levels and shall have a minimum built-in time delay of fifteen (15) seconds. The response level shall remain stable throughout the life of the control unit. The control unit shall contain a solid-state photoelectric cell suitable for operation with 120V or 240V line supply as noted on the plans. .-The unit shall have a minimum rated load capacity of 1,000 volt-amperes. The control unit shall have an ON/OFF ratio of one (1) to one and one-quarter (1-1/4) footcandles. In the event of failure, the control unit shall fail in the ON position. - 86 - BALLASTS: The ballast for each high pressure sodium lamp, to be used in a mast arm mounted luminaire, shall be of the regulator type and shall be integral to the luminaire housing. REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT: Salvaged electrical materials shall be hauled to a location designated by the City. ^RQLUNSBURPICK, HUNTER, of Southern California • Insurance Brokers 199 South Los Robles Avenue, Suite 540 °O. Box 7039 asadena, California 91109 "$18) 577-8900 • (213) 681-1000 RECEIVED CERTIFICATE OF INSURANCE NAME AND ADDRESS OF CERTIFICATE HOLDER City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 NAME AND ADDRESS OF INSURED *"' ' ' WF VM!VU>DAL' P.O. BOX 74901 Los Angeles, California 90004 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. TYPE OF INSURANCE GENERAL LIABILITY Q COMPREHENSIVE FORM rj PREMISES— OPERATIONS m EXPLOSION AND COLLAPSEUJ HAZARD P5 UNDERGROUND HAZARD |7H PRODUCTS/COMPLETEDJrjl OPERATIONS HAZARD [7J CONTRACTUAL INSURANCE ["] BROAD FORM PROPERTYJjf DAMAGE [3 INDEPENDENT CONTRACTORS [A] PERSONAL INJURY AUTOMOBILE LIABILITY 0 COMPREHENSIVE FORM n OWNED •«j HIRED ["1 NON-OWNED EXCESS LIABILITY PI UMBRELLA FORM n OTHER THAN UMBRELLA '—' FORM WORKERS' COMPENSATION «nd EMPLOYERS' LIABILITY COMPANY AND POLICY NUMBER The Travelers Indemnity Co. T-SLG 166T151-9-85 The Travelers Indemnity Co. T-CAP 166T150-7-85 The Travelers Indemnity Co. TDK-UB-169T973-1-85 POLICY EXPIRATION DATE 7/1/86 7/1/86 7/1/86 Limit* of Liability in Thousand* (000) BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE $ $ $ 500, * Applies to Products/Completed Operations Hazard BODILY INJURY (EACH PERSON) BODILY INJURY (EACH OCCURRENCE) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY $ $ $ 500, * $ 4' * 500, AGGREGATE *$ $ 500, $ (Personal Injury) '•*•* •',' ~ *j " "^ • -H*ft $ r:""^1' '" (Each Accident) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ALL OPERATIONS OF THE NAMED INSURED FAU Proj. #HES-S101(11) and HES-S344(1) Traffic Signals at El Camino Real and Chestnut and Grand and Carlsbad Blvd., Steiny Job No. 10072 This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed to amend, extend or alter the coverage limits, terms or conditions of the policies it certificates. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which the certificate is issued, the insurance afforded by the policies listed on the certificate is subject to all the terms of such policies. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor-to mail _3Q__days written notice to the above named certificate holder, bat-farlare-to-rTTatr- mpose nu ubliyaliun 01 liability uf aviy ^iiid upon ihe company. DATE ISSUED: November 2?. 1985 JTJfftAUTHORIZED REPRESENTATIVE GL 20 09 (Ed. 01 73) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 7/1/85 Policy No. T-SLG-166T151-9-85 Endorsement No /ROJ.LINSJHJRDICJK HUNTERNamed Insured steiny and Company, Inc. Additional Premium $ Included Countersigned by iL i/ (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE The Travelers Indemnity Company ADDITIONAL INSURED (Owners or Contractors) City of Carlsbad FAU Proj> #HES-S101(11 ) and HES-S3440) traffic signals Schedule at El Camino Real and Chestnut „ _,„ . . .. and Grand and Carlsbad Blvd.name of Person of organization (Additional Insured) Premium Bases lates Advance Premium - * Bodily Injury Liability Cost $100 of cost $ *••. ,,• Property Damage Liability Cost {100 of cost $ Total Advance Premium $ Included It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insurtd's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general super- vision of work performed for the additional insured by the named inured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured. (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. 5. Coverage under this policy shall be primary and non-contributing with any other insurance available to the City of Carlsbad.