HomeMy WebLinkAboutStraub, Michael; 1980-06-17; 1075CITY OF CARLSBAD
SAN DIEGO COUNTY
CALIFORNIA
CONTRACT DOCUMENTS & SPECIFICATIONS FOR
STREETSCAPE IMPROVEMENTS
AT.
GRA'ID AVENUE AMD STATE STREET
CONTRACT NO, 1075
TABLE OF CONTENTS
PAGE ITEM
1 NOTICE INVITING BIDS
4 PROPOSAL
10 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
14 BIDDER'S BOND TO ACCOMPANY PROPOSAL
15 DESIGNATION OF SUBCONTRACTORS
17 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
18 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
19 CONTRACT
22 LABOR § MATERIALS BOND
24 PERFORMANCE BOND
26 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS
AND PREVAILING WAGE REQUIREMENTS
27 SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS
AND PREVAILING WAGE REQUIREMENTS
29 WEEKLY PAYROLL SUBMISSION AND REVIEW
33 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE
35 FEDERAL MINIMUM WAGES
40 FEDERAL LABOR STANDARDS PROVISIONS
55 GENERAL PROVISIONS
59 SPECIAL PROVISIONS
Page 1
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the City
Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until
4:00 p.m. on the 8th day of May , 19 80 > at which
time they will be opened and read for performing the work as
follows:
STREETSCAPE IMPROVEMENTS AT GRAND
AVENUE § STATE STREET - CONTRACT 1075
Said 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. Refer-
ence is hereby made to said specifications for full particulars
and description of said work.
No bid will be received unless it is made on a proposal
form furnished by the Engineering Department. Each bid must
be accompanied by cash, certified check or bidder's bond made
payable to the City of Carlsbad for an amount equal to at least
ten percent (10%) of the amount of bid; said guaranty to be for-
feited should the bidder to whom the contract is awarded fail
to furnish the required bonds and to enter into a contract with
the City within the period of time provided for by the bid re-
quirements .
The documents included within the sealed bids which require
completion and execution are the following:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience
Said documents shall be affixed with the appropriate nota-
rized signatures and titles of the persons signing on behalf
of the bidder. For corporations, the signatures of the presi-
dent or vice-president and secretary or assistant secretary are
required and the corporate seal shall be affixed to all docu-
ments requiring signatures. In the case of a partnership, the
notarized signature of at least one general partner is required.
All bids are to be compared on the basis of the Engineer's
estimate. The estimated quantities are approximate only, being
given solely as a basis for the comparison of bids.
No bid will be accepted from a contractor who has not been
licensed in accordance with the provisions of Chapter 9, Divi-
sion 3 of the Business and Professions Code. The contractor
shall state his/her license number and classification in the pro-
posal. The estimated cost of the work is $73,300.00
Page 2
Plans, special provisions and contract documents may be ob-
tained at the Engineering Department, City Hall, Carlsbad, Cali-
fornia, at no cost to licensed contractors for the first set.Additional sets are available for a non-refundable fee of $15.
Partial and final payments on this contract shall be in ac-
cordance with Section 9 of the 1979 edition of Standard Specifica-
tions for Public Works Construction.
The work to be performed under this contract is being partially
financed through a program providing Federal financial assistance
from the Department of Housing and Urban Development and will be
subject to Federal Labor Standards outlined in HUD Handbook 6500.3,
a copy of which is on file in the Office of the City Engineer.
Each craft or type of worker needed to perform work under this
contract shall be paid not less than the minimum wage established
by the U. S. Department of Labor, the latest copy of which is in-
cluded in the bid documents, or not less than the prevailing wage as
determined by the Director of Industrial Relations pursuant to the
State of California Labor Code, Part 7, Chapter 1, Article 2, Sec-
tions 1770, 1773 and 1773.1 on file in the Office of the City Clerk
of the City of Carlsbad.
Prior to using any apprentices or trainees for this contract,
the contractor will be required to furnish written evidence of ap-
proval of his/her apprenticeship program by the U. S. Department of
Labor. Also, the prime contractor shall be responsible to ensure
compliance with provisions of Section 1777.5 of the Labor Code of
the State of California for all occupations with apprenticeships as
required on public works projects above $30,000 or 20 working days.
The contractor is required, to the greatest extent feasible,
to provide opportunities for training and employment of lower income
residents of the project area.
Affirmative action to ensure equal opportunity will be required
of the contractor as indicated on the "Notice of Requirement for Af-
firmative Action to Ensure Equal Employment Opportunity," a copy of
which is contained within the contract documents.
The contractor shall comply with the requirements of the 1970
Clean Air Act (42 U.S.S. 1857 of Federal Water Pollution Contract
Act) as amended.
The City of Carlsbad reserves the right to reject any or all bids
and to waive any minor irregularity or informality in such bids.
The amount of the bond to be given for the faithful performance of
the contract for the said work shall be 100% of the contract price
therefor, and an additional bond in the amount equal to 50% of the con-
tract price for said work shall be given to secure the payment of the
claims for any material or supplies furnished for the performance of
Page 3
the work contracted to be done by the contractor for any work
or labor of any kind done thereon.
The contractor is also required to comply with the City of
Carlsbad's Affirmative Action Plan for Training, Employment and
Business Opportunities^for Community Development Block Grant
Projects^Copies of this plan are available at the City Clerk's
office.
Approved by the City Council of the City of Carlsbad, Cali-
fornia, by Resolution Mo. 6146 adopted on the 15th day of
April
April 16, 1980
DATED ALETHA L. RAUTENKRANZ, CITY CLEB/T
CITY OF CARLSBAD
CONTRACT NO. 1075
PROPOSAL
City Council
City of Carlsbad
1200 Elm Avenue
.Carlsbad, CA 92008
The undersigned declares he/she has carefully examined the
' location of the work, read the Notice Inviting Bids, examined
the plans and specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation and services required
to do all the work to complete Contract No. 1075 in accordance
with the plans and specifications of the City of Carlsbad, and
the special provisions, and that he/she will take in full payment
therefor the following unit prices for.each item complete, to wit:
w-
Item Article with Unit Price or • " Approximate Unit
Mo. Lumr> Sum Written in Words Quantity ^ Unit Price TOTAL
1 Clearing and grubbing at
Dollars
Cents
per lump sum Lump Sum
Concrete curb and gutter at
^ Dollars
Cents
per li'rieal foot ' 567 L.F.
Earthwork at
Dollars
Cents
per cubic yard 230 C.Y.
Addendum (a) No(s). ////£ has/have been received and
is/are included in this proposal.
Item ^Article with Unit Price or Approximate
;Np_. A Lump c;,)Tn Written in Words Quantity 5 Unit
Unit
Price
5
TOTAL
V,,
8
10
11
S.-Z
6" concrete curb at
Dollars
Cents
per lineal fdot
Concrete cross gutter and
spandrel at
Dollars
Cents
per lineal toot'
6" asphalt concrete curb
at '
$ ,per lineal' foot
^Dollars
Cents
Interlocking pavers at
Dollars
Cents
•per square foot
Concrete sidewalk at
Dollars
Cents
per square' foot
Asphalt concrete at
Dollars
Cents
per ton
Aggregate base at
Dollars
Cents
per ton
Precast bollards at
yij\</ HL £Do liars
Cents
per each
Electric service at
Dollars
Cents
per lump sum
275 L.F.
321 L.F.
134 L.F.
400 S.F. •
4,050 S.F.
130 Tons
223 Tons
4 Each
Lump Sum
J2.&-
V sm Article with Unit Price or
Sum Written in Words..
Approximate Unit
Quantity S Unit Price TOTAL
13 Light fixture at
17
18
19
20
21
DO
Dollars
Cents
per lump sum
14 Relocate existing street
light at
_Dollars
Cents
per lump sum
15 Soil preparations and fine
grading at
'•lhlAJ<U&>*Pol 1 ar s
Cents
per lump sum
16 36" box trees at
Cents___^__1per each '
30" box trees at
Dollars
Cents
per each
24" box trees at
Dollars
Cents_
per each
5 gallon trees at
Dollars
Cents
per each'
6" pot annuals at
_Do liars
Cents
per eacl
10" on-center ground cover
at fajjXJiZJO Dollars
Cents
Lump Sum
Lump Sum
Lump Sum
3 Each
2.1 Each
4 Each
122 Each
130 Each
98 Flats
7
23
Article with Unit Price or
T.nmp Sum Written in Words
Approximate Unit
Quantity 5 Unit Price
22 60-day maintenance
Dollars
Cents
TOTAL
per lump sum
Irrigation system at
9/Yi -
per lump sum
Dollars
Cents
Lump Sum
Lump Sum
TOTAL (IN FIGURES).
3TAL (IN WORDS)
ALTERNATES
24
25
In lieu of Item No. 7 sub-
stitute textured concrete
for the interlocking pavers
at /^2/yjgS
Dollars
Cents
per s'quard foot
In lieu of Item No. 11 sub-
stitute 8" concrete filled
painted .metal pipe for the
precast bollards at
Mo
Dollars
Cents
400 S.F'
4 Each
per each.
"THE LOW BID WILL BE BASED ON THE LOWEST OVERALL PROPOSAL USING THE- ALTER-
NATES AS DETERMINED BY THE CITY COUNCIL PRIOR TO AWARD OF CONTRACT.
8
All bids are to be computed on the basis of the given es-
timated quantities of work, as indicated in this proposal, times
the unit price as submitted by the bidder. In case of a dis-
crepancy between words and figures, the words shall prevail.
In case of an error in the extension of a unit price, the cor-
rected extension shall be calculated and the bids will be com-
puted as indicated above and compared on the basis of the cor-
rected totals.
The estimated quantities of work indicated in this proposal
are approximate only, being given solely as a basis for compari-
son of bids .
The undersigned has checked carefully all of the above
figures and understands that the City will not be responsible
for any errors or omissions on the part of the undersigned in
making up this bid.
The undersigned agrees that in case of default in executing
the required contract with necessary bonds and insurance poli-
cies 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, Li-
cense No. "^e '3~-S~"> Identification '
The undersigned bidder hereby represents as follows: (1)
That no Councilperson, 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 of-
ficers, 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 co'llusion or fraud.
Accompanying this proposal is
(cash, certified check, bond
or cashier's check)
in an amount not less than ten percent (10%) of the total bid
price.
The undersigned is aware of the provisions of Section 3700
of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code,
and agrees to comply with such provisions before commencing the
performance of the work of this contract.'
Phono wuiciber Bidder ' s Name
t-? •MICH A EL STRA U8
•fiAt-eeNTa ACTOR
P.O. BOX 1306
CARLSBAD, CA 92003
• Tel: 714 729-4484
-- .[ .Authorized Signature
'Authorized Signature
Bidder's Address Type of Organization
" . -(Individual, Corporation, Co-
• "... Partnership)
List below names of President, Secretary, Treasurer and Manager if a
corporation, and names of all co-partners if a co-partnership:
STATE OF CALIFORNIA
COUNTY OF_
On_
/dfj^r^ \ SS.>h£S~^/f>ORIGINAL
before me,
M the undersigned^ a Notary Public in and for said County and State,
! personally appeared _—.—
SAFECO
I
!&
•s
wd
to be _whose name-
within instrument and acknowledged
same- "
—, known to me
.subscribed to the
-executed the
FOR NOTARY SEAL OR STAMP
\ X^'"8^' OFFICIAL SEAL Jj
;fW'>%, BETTY L DUNN g
ibit^.^-.^"'-.' NOTn.-.V PJ8.IC CALIFORNIA J
' VX :J't>'.'|ty f'KiNCiPAL OFFICE IN *
^iyiyif^ SrtfJ DIEGO COUNTY 5
My Commission Expires January 16, 1981k--*^-*.*. *••.-.-*- *.-~- — —
0
NOTICE OF REQUIREMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (EXECUTIVE ORDER 11246)
1. The Offerer's or Bidder's attention is called to the "Equal Oppor-
tunity Clause" and the "Standard Federal Equal Employment Opportunity Con-
struction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation,
expressed in percentage terms for the Contractor's aggregate workforce in
each trade on all construction work in the covered area, are as follows:
Timetables Goals for minority
participation for each trade
All Trades Goals
Until further
notice
24.0 to 30.0
Goals for female participation
in each trade
Goals
(percent)
From Apr. 1, 1978 until Mar. 31, 1979 3.1
From Apr. 1, 1979 until Mar. 31, 1980 5.1
From Apr. 1, 1980 until Mar. 31, 1981 6.9
] These goals are applicable to all the Contractor's construction work
(whether or not it is Federal or federally assisted) performed in the covered
area.
The Contractor's compliance with the Executive Order and the regulations
in 41 CFR Part 60-4 shall be based on its implementation of the Equal Oppor-
tunity Clause, specific affirmative action obligations required by the speci-
fications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals
established for the geographical area where the contract resulting from this
solicitation is to be performed. The hours of minority and female employ-
ment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the contractor shall make a good faith effort
to employ minorities and women evenly on each of its projects. The transfer
of minority or female employees or trainees from Contractor to Contractor or
from project to project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order and the regulations
in 41 CFR Part 60-4. Compliance with the golas will be measured against the
total work hours performed.
3. The Contractor shall provide written notification to the Director
of the Office of Federal Contract Compliance Programs within 10 working days
of award of any construction subcontract in excess of $10,000 at any tier for
construction v/ork under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number of the sub-
contractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting and completion dates of the subcontract; and
the geographical area in which the contract is to be performed.
4. As used in this Notice, and in the contract resulting from this solicita-
tion, the "covered area" is State of California, County of San Diego.
SECTION 3 CLAUSE
' " «*
A. The work to be performed under this contract is on a project
assisted under a program providing direct federal financial~
assistance from the Department of Housing & Urban Development
Act.of 1968, as amended, 12 USC 1701U. Section 3 requires
that, to the greatest extent feasible, opportunities for train-
ing and employment be gi-ven to lower income residents of the
project area and contracts for work in connection with the
project be awarded to business concerns which are located in
or owned in substantial part by- persons residing in the area
of the project.
B. The parties to this contract will comply with the provisions
of said Section 3 and the regulations issued pursuant thereto
by the Secretary of Housing & Urban Development set forth in
24 CFR, 135, and .all applicable rules and orders of the
• Department of Housing & Urban Development issued thereunder
prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual
or other disability which would prevent them from complying with
these requirements.
C. The contractor will send each labor organization or represen-
tative, of workers with whom he/she has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative
of his/her commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
D. The contractor will include this Section 3 Clause in every
subcontract for work in connection with the project and will,
at the direction of the applicant for or recipient of federal
financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in viola-
tion of regulations issued by the Secretary of Housing & Urban
Development, 24 CFR, 135. The contractor will not subcontract
with any subcontractor where he/she has notice or knowledge
that the latter has been found in violation of regulations
under 24 CFR, Part 135, and will'not let any subcontract unless
the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations
set forth in 24. CFR, 135, and all applicable rules and orders
of the Department of Housing & Urban .Development issued there-
under prior to the execution of•the contract shall be a condition
of the federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these require-
ments shall subject the applicant or recipient, its contractors
and subcontractors, its successors and assigns to those sanc-
tions specified by the grant or loan agreement or contract
through which federal assistance is provided and to such sanc-
tions as are specified by 24 CFR, 135.
AA: jd
14
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, _ _ , as Principal,
and _ . _ , as Surety, are held
and firmly bound unto the City of. Carlsbad, California, in the sum
of _ _ Dollars
($ _ _ ) , 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:
STREETSCAPE IMPROVEMENTS AT GRAND AVENUE
AND STATE STREET - CONTRACT NO. 1075
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
_ day of _ _ , 19 _ .
Corporate Seal (if corporation)
Principal
Surety
By
Title (Notarial acknowledgement of exe
cution by all PRINCIPALS and
be "tached.)
fWW^fWWW^^fWv-^LjBLiiiL.JiaiJ!«iLi.l.jikLiii.iJjLJiLiii_iLi!ii-ii^i.jQ.jL.Liii.ij .P. •*-& -''.A £& o .'Ql fa&.M n KJJ El a iia o JJIA ell ci o -in o cii o ci' .a
AMERICAN FIDELITY FIRE INSURANCE COMPANY "
NEW YORKg^BffTl I3O1\IOK9Hb« 0«_9i^iiu» BOND NUMBER: 400600A
PREMIUM:.....BBSU BID DATE : 5/8/80
KNOW ALL MEN BY THESE PRESENTS, That we,.... MICHAIEL...?.TMy§. >. ..5.ENERAL „ CONTM9I?.?
......................................................................... CARL.SJSAD^CA ..... ??.?.?§ ...................... (hereinafter called the Principal), as
Principal, and AMERICAN FIDELITY FIRE INSURANCE CO., a corporation, organized and existing under the laws of the
State of New York and authorized to transact a general surety business in the State of ....... ..„„"...„•„........ ..............................
(hereinafter called the Surety), as Surety, are held and firmly bound unto.
THE CITY OF CARLSBAD
(hereinafter called the Obligee) in the penal sum of percent ( %) not to exceed
SEVEN THOUSAND FIVE HUNDRED AND NO/100 - , m 7,500.00' Dollars ($ )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors
fer and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit
a proposal to the Obligee on a contract for
CONTRACT #1075 — CONSTRUCT PARKING LOT, LANDSCAPE AND STREET IMPROVEMENTS
IN CARLSBAD, CALIFORNIA
NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may
be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor-
mance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the obligee may suffer
by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise remain in full
^ force and effect.
SIGNED, SEALED AND DATED this l.St day of. MAY > 19 80
MICHAEL STRAUB, GENERAL CONTRACTOR
'" " -""•"" PRINCIPAL
MERICAN iFIDE^TYFtRE INSURANCE COMPANYD
•i/ ' "
STEPHANIE H. RICHMAN, ATTORNEY-IN-FACT
n mm
364 (7/7)*
STATE OF CALIFORNIA
County of LOS ANGELES
On this 1st
ss.
day of MAY in the year 19 80,
before me, a Notary Public in and for the County and State aforesaid personally appeared
STEPHANIE H. RICHMAN
known to me to be the person whose name is subscribed to the within instrument and known
to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY,
and acknowledged to me that he subscribed the name of the said Company thereto as Surety,
and his own name as Attorney-in-Fact.
P £ BEAiNEN
WOTASY ""'Per -
LOS A,"tfl"[.ES CO'JNTY
f.!y comn. e.-pircs M",Y 23, 1983 NdTARY PUBLIC
AMERICAN FIDELITY FIRE INSURANCE COMPANY
WOODBURY, NEW YORK
V.,-POWER OP ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation in the State of
New York, having its principal office in Woodbury, Stale of New York, pursuant to the following resolution, adopted by the
Board of Directors of the said Company on the 18th day of February, 1969, to wit:
"The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority,
severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations
as such officers may select from time to time," does hereby make, constitute and appoint:
PAM E. BRAINEN and/or STEPHANIE H. RICHMAN of LOS ANGELES, CALIFORNIA
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and as its act and deed, as follows:
Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION
in an amount not exceeding $100,000.00, as to any one project, for or on behalf of this Company, in its business and in accor-
dance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the acts of said
Attornuy-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its President
and/or Vice-President, and its Corporate Seal to be affixed.
~ AMERICAN FIDELITY FIRE INSURANCE COMPANY
7 -* \ -,
Luther H. Williams, President
State of New York )\
County of Nassau '
ss.
On this 1st day of August, 1979, before the subscriber, a Notary Public of the State of New York in and for the County
of Nassau duly commissioned and qualified, carne Luther H. Williams of the American Fidelity Fire Insurance Company, to me
personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowl-
edged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and
signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corp-
oration, and that the resolution of said Company, referred to in the preceding instrument, is now in force.
. IN TESTIMONY WHEREOF,
and year above written.
I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day
State of New York
County of Nassau
Notary Public
ELLEN K. DONOHUE
NOTARY PUBLIC, State of New York
No. 30-6070410
Qualified in Nassau County
Commission Expires March 30,1980
CERTIFICATE
I, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of
the State of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in
the Certificate of Authority, are now in force.
Signed and Sealed at the said Company, at Woodbury, New York, dated this J St day of MAY
362 PEB/SHR 100(8/79)
.DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the
following listed contractors in making up his/her bid and that the
subcontractors listed will be used for the work for which they bid,
subject to the approval of the Public Works Administrator, and in
accordance with applicable provisions of the specifications. No
changes may be made in these subcontractors except upon the prior
approval of the Public Works Administrator of the City of Carlsbad.
The following information is required for each subcontractor. Ad-
ditional page can be attached if required.
Full
Item(s) Company Complete Address 'Area Code
of Work Name with 7. in rnrip _ Phone No.
16
DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to'provide the following information on the
subbids of all the listed subcontractors as part of the sealed
bid submission. Additional page can be attached if required.
Full
Company
Name
Type of State
Contracting
License & No.
Carlsbad
Business
License No.*
Amount
of
Bid ($%)
STATE OF CALIFOI
COUNTY OF
On
ss.
-. ,.- y - , L before me,
the undersigned/a Notary Public in and for said County and State,
personally appeared
11
COd
to be the person whose
known to me
to the
within instrument and acknowledged that _ 17 &3~ _ executed the
1
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL 3EAL
BETTY L DUNN
NOTAfiY P'JB'.ie
pKiNCiPAL 0rti&k M
SAM
Expire* .
Bidder's Company Name
Bidder ' s Complete Address
(NOTARIZE OR CORPORATE
SEAL)Authorized Signature
17
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a notarized or sealed
statement of his/her financial responsibility.
STATE OF CALIFORNIA
> On_X.
> SS.
before me,
Sfc,,,. the undersigned, (^Notary Public in and for said County and State,
3 personally ^appeared
, known to me
subscribed to the
- •* " L-/-Z-% within instrument and acknowledged that—/QiiZIl__executed the
" same.i
•o I to be the person whose name.
tn
6
£*-' ,<Z.4,—i ^^^yl^n ^
SAFECO
FOR NOTARY SEAL OR STAMP
(NOTARIZE OR CORPORATE SEAL)
CfAUL WALKER
KOTOS. PRESNELL
•31VIH R. BUECHLER
WALKER, PRESNELL & BUECHLER
CERTIFIED PUBUC ACCOUNTANTS
70S THIRD STREET
OCEANSIDE, CALIFORNIA 92054
AREA CODE 714
1ELEFHONE 722-76S9
Michael Straub
Carlsbad, California:
!Ehe accompanying balance sheet of Michael Straub, general contractor,
as of December 31» 1979 and. "the related statements of earnings and owner's
equity and changes in financial position for the year then ended have been•
compiled by us.
A compilation is limited to presenting in the form of financial
statements information that is the representation of the owner. We have not
audited or reviewed the accompanying financial statements and, accordingly, do
not express an opinion or any other fqrm of assurance on them.
Maich 18, 1980
MICHAEL STSAUB, GENERAL CONTRACTOR
Balance Sheet
. . December 31, 1979
(Unaudited)
Assets
Current assets:
Cash
Accounts receivable
Prepaid insurance
Construction in progress
Total current assets
Furniture and vehicle, at cost:
Vehicle
Furniture
Less accumulated depreciation
Net furniture and vehicle
500
1,014
938
$ 6,46783,580
1,630
91.369
$ 183,046
Liabilities and Owner's Equity
Current liabilities:
Note payable to bank-secured by Michael Straub's
personal residence
Accounts payable
Construction advances on construction in progress
Total current liabilities
Owner's equity- Michael Straub
25,400
70,217
82,946
178,563
4.559
See accountants' compilation report and note to financial statements.
MICHAEL STRAUS, GENERAL CONTRACTOR
Statement of Earnings and. Owner's Equity
Year ended December 31, 1979
(Unaudited)
Income from construction contracts
Costs of construction
Gross margin
Indirect costs and administrative expenses:
Ecofessional services
Dues and subscriptions
Taxes and licenses
Auto
Interest
Insurance
Office supplies
Utilities and telephone
Depreciation
Miscellane ous
Small jobs and warranty work
Total
Net earnings
Owner's equity at beginning of period
Withdrawals
Owner's equity at end of period
4,405
212
140
1,168
2,990
2,886
1,378
1,832
103
339
869
$ 342,521
298,393
44,128
16.322
27,806
26,943
54,749
30.190
See accountants' compilation report and note to financial statements.
MICHAEL STRAUS. GENERAL CONTRACTOR
Statement of Changes in Financial Position
Year ended December 31* 1979
• (Unaudited)
Funds provided:
Net earnings
Add depreciation, a charge to net income not requiring
the expenditure of working capital
Working capital provided by operations
Decrease in working capital
$ 27,806
105
27,909
22t281
Funds used:
Proprietor's drawings
Changes in components of working capital:
Increase (decrease) in current assets:
Cash
Receivables
Prepaids
Construction in progress
•Increase (decrease) in current liabilities:
Payroll taxes payable
Accounts payable
Note payable to bank
Construction advances
Decrease in working capital
1,592
39,878
(928)
91,235
151,773
(260)
45,970
25,400
82,946
See accountants' compilation report and note to .financial statements
MICHAEL STRAUS, GENERAL COIOTRACTOR
Note to Financial Statements
December_31, 1979 '
(Unaudited)
(l) Summary of Significant Accounting Policies
(a) Accounting Method — Construction Income
Michael Straub reports construction income on the completed
contract method, wherein income and costs are accumulated
. during the period of construction, but no profits are recorded
before the completion of work.
Michael Straub charges indirect costs and administrative expenses
to the accounting period in which incurred.
(b) Depreciation
Depreciation is provided over the estimated useful lives of
respective 'assets using the straight-line method.
(c) Income Tax
No provision has been made for income tax currently due on 1979
income. Such obligations are the responsibility of the
proprietor personally.
See accountants' compilation report.
c
C PAUL WALKER
KEITH S. PRESNELL
R. BUECHLERt
WALKER, PRESNELL & BUECHLER
CERTIFIED PUBLIC ACCOUNTANTS
70S THIRD STREET
OCEANSIDE, CALIFORNIA 92054
AREA CODE 714
TELEPHONE 722-7649
Michael Straub
Carlsbad, California:
The accompanying statement of assets and liabilities of Michael and
Patra Straub, a married couple, as of December 31» 1979 has been compiled by us.
A compilation is limited to presenting in the form of financial
•
statements information that is the representation of owners. We have not audited
or reviewed the accompanying financial statements and, accordingly, do not
express an opinion or any other form of assurance on them.
v,,..
March 18, 1980
r
• MICHAEL AMD PATRA STRAUS
Statement of Assets and Liabilities
December_31, 1979
(Unaudited)
Assets
Cash
Estimated income tax refund receivable
Vested interest in Keough Plan
Automobile and boats,
Net assets of Michael Straub, General
Contractor (note 2)
Cash value, life insurance, encumbered
Personal residence, encumbered
Personal furnishings
Total assets
Liabilities
Charge accounts and other payables
Loans secured by cash value of life insurance
Trust deed payable $315 Pe? month including interest
at 8-3/4%, secured by personal residence
Accrued income taxes (note 3)
Total liabilities
Excess of assets over liabilities
Cost
500
2,100
16,575
14,903
4,559
7,200
52,971
10,000
Estimated
values
(note l)
500
2,100
16,575
16,000
4,559
7,200
140,000
22,000
108,808 208,934
2,500
4,100
38,531
8,050
2,500
4,100
38,531
23,100
53,181 68,231
See accountants' compilation report and notes to financial statements.
MICHAEL AND PATRA. STRAUB
Notes to Statement of Assets and Liabilities
December_31, 1979 '
(Unaudited)
(1) Estimated Values
The estimated values of assets are stated at their current market values
as determined by Michael Straub.
(2) Net Assets of Michael Straub, General Contractor
A summary of net assets of Michael Straub, general contractor, as of
December 31, 1979, follows:
Current assets, principally receivables and
constrcution in progress $ 183»046
Furniture and vehicles, net of $938 .
depreciation using the straight-line
method 76
Total 183,122
Current liabilities, principally payables and
construction advances 178,$63
Net assets
(3) Accrued Income Taxes
Accrued income taxes of $6,190 have been computed at normal individual income
tax rates for the interest in the Keough Plan, where the difference between
the cost basis and tax basis reflects ordinary income.
Accrued income taxes of $1,845 have been computed at capital gain rates for
the difference between the cost basis and the tax basis on the personal
residence.
Accrued income taxes of $15,050 have been computed at capital gain rates on
, unrealized appreciation in assets.
See accountants1 compilation report.
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 tele-
phone numbers, which will enable the City to judge his/her
responsibility, experience and skill. An attachment can be
used if notarized or sealed.
STATE OF CALIFORNIA
I
I&
I
O
81
Z^^t;*;:^^^:,?.
-whose name.r—-—• wnose name £.
mthm instrument and acknowledged that_
., known to me
lubscribed to the
«^—executed the
SAFECO
FOR NOTARY SEAL OR
(NOTARIZE OR CORPORATE SEAL)
RESUME
[WHHBM*
^&futsssm Michael Straub, General Contractor
3360 Monroe Street, P. 0. Box 1306
Carlsbad, California 92008
(714) 729-4484
Contractor's License 300125 B-l
Organized as sole proprietorship
General Information:
Insurance:
Bonding:
Bank:
Interest:
Aetna Casualty Company, Liability, limits $1 Million
Workman's Compensation
American Fidelity Fire Insurance Company
Capacity $360,000
Southwest Bank, 675 Elm Avenue, Carlsbad, California 92008
(714) 729-9211
Projects from $50,000 to $1,000,000
North San Diego County
Carlsbad, Vista, Oceanside and Encinitas
Credit References:
Solana Lumber, Drawer C, Solatia Beach, 92075 (714) 755-1576
Oreo Supply, 6125 Paseo Del Norte, Carlsbad (714) 438-2292
HSfl Glass, 8285 Cleveland, Oceanside, 92054 (714) 722-7601
Bauer Lumber, 2787 State Street, Carlsbad (714) 729-2341
Principal Subcontractors:
Carlsbad Electric, 1826 Magnolia, Carlsbad
Clary Brothers Roofing, 429 Daisy Lane,
, San Marcos, 92069
Pacific Coast Plumbing, Inc., P. 0. Box 245
San Marcos, 92069
Thermodyne Corporation, 758 East Mission,
San Marcos, 92069
(714) 729-1685
(714) 744-6622
•(714) 744-6874
(714) 757-2720
CCHAEL STRAUB
December 15, 1979
. —1.1—i __i:«___:. atnna • 47141 794.4404
.SUM1ARY OF CONSTRUCTION
1979
Tenant Improvements
Maintenance
Residential
$14,000
10,000
38,000
New World Goldsmith
Pat Downing (721) 487-2820
11844 Rancho Bernardo Road
San Diego, California 92128
Plaza Camino Real
Robert Sanchez (714) 729-7927
2525 El Camino Real
Carlsbad, California 92008
Nelson Edwards Residence
Roy Blackford (714) 729-0553
2942 Harding Street, Suite E
Carlsbad, California 92008
City of Carlsbad
Les Evans (714) 438-5541
1200 Elm Avenue
Carlsbad, California 92008
The following six projects were tenant improvements at Plaza Camino Real
Carlsbad
Golden State Fabrics 152,500
Milt Schwartz (714) 274-6323
.1517 Garnet
San Diego, California 92109
Magee Park
Library Stairs 192,600
Bob's Old Fashioned Ice Cream
Byron Steigmeyer (714) 640-0840
660 Newport Center Drive, Suite 1425
Newport Beach, California 92660
Motherhood Maternity
Trudy Williams (213) 450-1011
1330 Colorado Avenue
Santa Monica, California 90404
Joel's Incorporated
Stan Charleston (213) 770-6950
16633 South Gramraercy Place
Gardena, California 90247
The Salad Bar
Al Vadasy (602) 994-0630
7575 East Main Street, Suite 204
Scottsdale, Arizona 85251
May Stores Shopping Centers, Inc.
Jack Barrett (314) 421-6100
611 Olive Street, Suite 1555
St. Louis, Missouri 63101
41,500
49,800
74,500
78,500
31,700
683,100
..i:<_._i. oinno
H •**&
.C
SUMMARY OF CONSTRUCTION EXPERIENCE
1978
2251 El Camino Real Commercial Bldg., Fee Basis 6,600 sq ft $112,000
Oceanside -•
2249 El Camino Real Cocrnercial Bldg., Fee Basis 5,460 175,000
2245 El Camino Real1 Ccranercial Bldg., Fee Basis 13,920 271,000
2235 El Camino Real1 Cccmercial Bldg., Fee Basis 5,659 218,000
2241 El Camino Real Ccnmercial Bldg., Fee Basis 6,200 259,000
2233 El Camino Real1 Ccmnercial Bldg., Fee Basis 3,300 53,000
2231 El Camino Real1 Commercial Bldg., Fee Basis 5,626 83,000<
Above Bldgs. Tenant Improvements, Contract or Negotiated 188,000
2217 El Camino Real Pizza Hut2 Contract 2,135 110,000
TOTAL WORK 1978 v 48,900 $1,469,000
1977
2237 El Camino Real1 Cccmercial Bldg., Fee Basis 8,988 sq ft $135,000
Oceanside o
2253 El Camino Real El Camino Theatre, Fee Basis 14,117 450,000
253/353 Tamarack4 25 Apartment Units, Contract 18,374 407,000
Carlsbadc-
Monroe & Park Four Houses, Speculative 8,000 315,000
Carlsbad
TOTAL WORK 1977 49,479 $1,307,000
•X- - '
1974 Received Contractors License Number 300125 B-l
| i
1974 - 1976 General Contractor building houses and apartments.
1969 - 1974 Construction Industry experience with other firms.
1959 - 1969 Manufacturing experience principally with Proctor & Gamble.
1959 Received B.S. Industrial Engineering, University of Washington.
1957 Received B.S. Chemical Engineering, University of Wisconsin.
- *-•»---* ~-*'*-—-l- ft-»A/\0 - 114*1 *f«»A AAOA
: COMPLETED PEQJECT REFERENCES
1) Owner: Russell Grosse, 2233-E El Camino Seal, Oceanside 92054
(714) 439-0052
Architect: Robert Ardent, 5850 Avenida Encinas, Carlsbad 92008
(714) 438-2164
2) Pizza Hut, Inc., 2651 East Chapman Avenue, Suite 210, Fullerton
92631 Attn; Larry Mould (714) 738-3461
3) Theatre Architect: George Kirkpatrick, 844 West Colorado Blvd,,
Suite 204, Los Angeles 90041 (213) 257-7548
4) Owner: Bob Polselli, 348 Pacific Avenue, Solana Beach 92075
(714) 481-1692
Architect: Dale St Dennis, 2442 State Street, San Diego 92101
(714) 234-7334
5) Financed: Oceanside Federal, Jim Broome, 810 Mission Avenue,
Oceanside 92054 (714) 722-1131
19
t
CONTRACT
THIS.AGREEMENT, made and entered into this day of
, 19 , by and between the City of Carlsbad,
California, hereinafter designed as "City", party of the first
part, and Michael Straub hereinafteridesignated as "Contractor", party of the second part.
WITNESSETH: The parties hereto do mutually agree as fol-
lows:
1. For and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by City, the Con-
tractor agrees with the City to furnish all materials and labor
for:
STREETSCAPE IMPROVEMENTS AT GRAND AVENUE
AND STATE STREET - CONTRACT NO. 1075
and to perform and complete in a good and workpersonlike manner
all the work pertaining thereto shown on the plans and specifica-
tions therefor; to furnish at his/her own' proper cost and expense
all tools, equipment, labor and materials necessary therefor (ex-
cept such materials, if any, as in the said specifications are
stipulated to be furnished by City), and to do everything required
by this agreement and the said plans and specifications.
t
2. For furnishing all said materials and labor, tools and
equipment, and doing all the \vork contemplated and embraced in
this agreement, also for all loss and damage arising out of the
nature of the work aforesaid, or from the action of the elements,
or from any unforeseen difficulties which may arise or be en-
countered in the prosecution of the work until its acceptance by
the City, and for all risks of every description connected with
the work; also, for all expenses incurred by or in consequence
of the suspension or discontinuance of work, except such as in
said specifications are expressly stipulated to be borned by the
City; and for well and faithfully completing the work and the
whole thereof, in the manner shown and described in the said
plans and specifications, the City will pay and the Contractor
shall receive in full compensation therefor the lump sum price,
or if the bid is on the unit price basis, the total price for
the several items furnished pursuant to the specifications,
named in the bidding sheet of the proposal, as the case may be.
3. The City hereby promises and agrees with said Con-
tractor to employ, and does hereby employ said Contractor to
provide the materials and to do the work according to the terms
and conditions herein contained and referred to for the price
aforesaid and in accordance with the conditions set forth in the
20
specifications; and the said parties for themselves, their heirs,
executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
4. The notice to bidders, instructions to bidders, con-
tractor's proposal, and the plans and specifications, and all
amendments thereof, when approved by the parities hereto, or
when required by the City in accordance with the provisions of
the plans and specifications, are hereby incorporated in and made
a part of this agreement.
5. Pursuant to the Labor Code of the State of California,
the City Council has ascertained the general prevailing rates of
per diem wages for each craft or type of worker needed to exe-
cute the contract and a schedule containing such information is
included in the Notice Inviting Bids and is incorporated by ref-
erence herein.
6. The Contractor shall assume the defense of and indemni-
fy 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 responsi-
bility for negligence; and from any and all claims, loss, damage,
injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by
the contract, regardless of responsibility for negligence.
7. Contractor shall cause the City to be named as an addi-
tional insured on any policy of liability or property damage
insurance concerning the subject matter or performance of this
contract taken out by Contractor.
8. The Contractor shall cause the City to be named as an
additional insured on any workers' compensation insurance policy
taken out by Contractor concerning the subject matter of this
contract. If Contractor has no workers' compensation insurance
policy covering the subject matter of this contract, then Con-
tractor shall either (1) acquire such a policy naming the City
as an additional insured prior to the start of any work pursuant
to this contract or (2) shall assume the defense and indemnify and
save harmless the City and its officers and employees from all
claims, loss, damage, injury and liability of every kind, nature
and description which would otherwise be covered by such workers'
compensation insurance policy regardless of responsibility for
negligence.
9. The Contractor shall submit to the City the policies
mentioned in Paragraphs 7 and 8 or proof of workers' compensa-
tion self-insurance prior to the start of any work pursuant to
this contract.
10. Any controversy or claim in an amount up to $100,000
arising out of or relating to this contract or the breach thereof
shall be settled by arbitration in accordance with the con-
struction industry rules of the American Arbitration Associa-
tion 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.
IN WITNESS WHEREOF, the parties hereto have caused this con-
tract to be executed the day and year first above written.
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Michael Straub
Contractor
By
(seal)
Title
By
APPROVED /JS 'TO, FORM:
Cryty
\J
APPROVED AS TO FORM:
VINCENT JJ3IONDP./IR,
Title
CITY OF CARLSBAD, CALIFORNIA
Mayor
ATTEST:
rney
Daniel S. Hentschke* Assistant
1
to
6
STATE OF CALIFORNIA
COUN3K OF
On
i ss.
before me,
the undersigned, a Notary Public in and for said County and State,
''personally appeared
to be the person.-_whose name-
within instrument and acknowledged that-
same.
T
, known to me
subscribed to the
the
SAFECO
FOR NOTARY SEAL OR STAMP
24
*— -- IX^CUTBfi U JOUR COFXK* BOMS HO, 2696048
PERFORMANCE BOND MBUUKi $1,042.00
KNOW ALL PERSONS BY THESE PRESENTS:
\fssw
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 6195 adopted May 271 1980 >
has awarded to Michael Straub ,
hereinafter designated as the "Principal", a contract for:
STREETSCAPE IMPROVEMENTS AT GRAND AVENUE
AND STATE STREET - CONTRACT NO. .1075..
in the City of Carlsbad, in strict conformity with the drawings
and specifications and other contract documents now on file in
the Office of the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute
said contract and the terms thereof require the furnishing of a
bond for the faithful performance of said contract;
NOW, THEREFORE, WE, Michael Straub . ,
as Principal, hereinafter designated as the "Contractor", and
American Fidelity Fire Insurance Company . '_ as Surety,
are held and firmly bound unto the City of Carlsbad, in the sum
°f Sixty Nine Thousand Fmi-r Rnnd-r^ Fn-ri-y geygn
and 70/100-Dollars
C$ 69,447.70 ), said sum being equal to 100 percent (100%) of
the estimate'd amount of the contract, to be paid to the said City
or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-
bounden Contractor, his/her or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, con-
ditions 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 speci-
fied, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Carls-
bad, 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 not
affect its obligations on this bond, and it does hereby waive
25
notice of any change, extension of time, alterations or addition
to the terms of the contract or to the work or to the specifica-
tions.
In the event that any Contractor above named executed this
bond as an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations
under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed
by the Contractor and Surety above named on the 10th day of
JUXB , 1980 .
(NOTARIZE OR CORPORATE
SEAL FOR EACH SIGNER)
K1CHABL STEAU1, GHI1RAL COMYIACtOl
Contractor
AM1RICAM FIDELITY nil IMS. 00.
ITCOPY
VCD •»af
STATE OF CALIFORNIA
•S On_
SS.
before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared/h "
_whose nameto be the person.
within instrument and acknowledged that-
same.
, known to me
subscribed to the
the
^1
V
SAFE:
FOR NOTARY SEAL OR STAMP
gJCXCUTSB IB FOUR GOT IBS BOW NO. 2616041 ~
IMCLU0ED ZM
LABOR AND MATERIAL BOND WlfOiHAHCI BOKO
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council .of the City of Carlsbad, State of
California, by Resolution No. 6195 adopted May 27, 1980
has awarded to Michael Straub .
hereinafter designated as the "Principal", a contract for:
STREETSCAPE IMPROVEMENTS AT GRAND AVENUE
AND STATE STREET - CONTRACT NO. 1075
in the City of Carlsbad, in-strict conformity with the drawings
and specifications and other contract documents on file in the
Office of the City Clerk.
WHEREAS, said Principal has executed or is about to execute
said contract and the terms thereof require the furnishing of a
bond with said contract, providing that if said Principal or any
of his/her or its subcontractors shall fail to pay for any ma-
terials, provisions, provender or other supplies or teams used
in, upon, for or about the performance of the work agreed to be
done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter
set forth:
NOW, THEREFORE, WE Michael Straub »
as Principal, hereinafter designated as Contractor, and
American Fidelity Fire Insurance Company ' as Surety, are
held firmly bound unto the City of Carlsbad in the sum of Thirty Four
Thousand Seven Hundred Twenty Thr^P anrl a";/inn -..Dollars ($34,725.85 )
said sum being fifty percent (50%) of the estimated amount payable
by the City of Carlsbad under the terms of the contract, for which
payment well and truly to be made we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person
or his/her subcontractors fail to pay for any materials, provisions,
provender or other supplies, or teams used in, upon, for, or about
the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor,
that the Surety or Sureties will pay for the same, in an amount not
exceeding the sum specified in the bond, and also, in case suit is
brought upon the bond, a reasonable attorney's fee, to be fixed by
the court, as required by the provisions of Section 4204 of the
Government Code of the State of California.
This bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Section
1192.1 of the Code of Civil Procedure so as to give a right of
action to them or their assigns in any suit brought upon this
bond, as required by the provisions of Section 4205 of the Gov-
ernment Code of the State of California.
And the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alterations or ad-
ditions to the terms of the contract or to the work to be per-
formed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time,
alterations or additions to the terms of the Contract or to the
work or to the specifications.
In the event 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 *0th day of
JUM , 19 80 .
MICHAEL STBAUB, CBMEIAL COOT1ACTOR
(NOTARIZE OR CORPORATE
SEAL FOR EACH SIGNER)
Contractor
AHEUCAH FIDELITY Flit IMS. GO.
><DOS
133•O
•gT)
ra
O
.2
STATE OF CALIFO:
COUNTY
On.before me,
the undgKigned, a Notary Public in and for said County and State,
personally apneared
to be the person._whose
within instrument and acknowledged that_same. ""
—, known to me
subscribed to the
-executed the
SAFECO
FOR NOTARY SEAL OR STAMP
35
I
STATE OF CALIFORNIA
County of LOS ANGELES
SS.
. • • ,. . / --—-.,-•, *4« »*»!W*|l.l,T*ri4,V;'; ; i;'=^' !'s"- ' '-' ' •"•: •''•' >; "-- •' '
^^S±^SSS^|; A|jtorne|ri:iliW1
inuiiittl wAttotney-in-l^cfe
STATE OF CALIFORNIA
County of LOS ANGELES
On this 10th day of JUNE in the year 19 80 ,
,• before me, a Notary Public in and for the County and State aforesaid personally appeared»..«, cnrcDur A »I»T? «-r •»»«•!««• - « - -€1 STEPHANIE H. RICHMAN
known to me to be the person whose name is subscribed to the within instrument and known
to me to be the Attomey-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY,
and acknowledged to me that he subscribed the name of the said Company thereto as Surety,and his own name as Attomev-in-Fact.
My cor,:,i. s.-.pices "i\ i'333 i\NOTARY PUBLIC
AMERICAN FIDELITY FIRE INSURANCE COMPANY
WOODBURY, NEW YORK
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation in the State of
New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the
Board of Directors of the said Company on the 18th day of February, 1969, to wit:
"The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority,
severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations
as such officers may select from time to time," does hereby make, constitute and appoint:
PAM E. BRAINEN and/or STEPHANIE H. RICHMAN of LOS ANGELES, CALIFORNIA
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and as its act and deed, as follows:
Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION
in an amount not exceeding $100,000.00, as to any one project, for or on behalf of this Company, in its business and in accor-
dance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the acts of said
Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its President
and/or Vice-President, and its Corporate Seal to be affixed.
AMERICAN FIDELITY FIRE INSURANCE COMPANY
Luther H. Williams, President
State of New York ^
County of Nassau '
ss.
On this 1st day of August, 1979, before the subscriber, a Notary Public of the State of New York in and for the County
of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company, to me
personally, known to be the individual and officer described herein, and who executed the preceding instrument, and acknowl-
edged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and
signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corp-
oration, and that the resolution of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day
and year above written.
^ " /C.
State of New York
County of Nassau
Notary Public
ELLEN K. DONOHUE
NOTARY PUBLIC, State of New York
No. 30-6070410
Qualified in Nassau County
Commission Expires March 30,1980
v ss.CERTIFICATE
I, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of
the State of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in
the Certificate of Authority, are now in force.
Signed and Sealed at the said Company, at Woodbury, New York, dated this lOthday of JUNE ,19.80
362 PEB/SHR 100(8/79)
COMMUNITY DfVfLOPMIHT tLOCK C*«HT HOCti.lt
CONTRACTORS CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS'
TO (Appreciate Recipient):
C/0
DATC
PROJECT NAME
1. Th« undci«i|iiedt Iwviac executed a contract with.
_Jcx the conltiucUou o< the above-identified project, acknowledges that:
(a) The Labor Standard^ pcovUions are included in the aforesaid contract;
(b) Correction of any infraction* of the afoncaid conditions, including infractions by any of Ua lubconliaclora and
any lower tier Bubcontrectors, is his responsibility;
I H« ««nl(lei Ihet!
(a) Neither he nor any film, partnership or association in which he has substantial interest is desifnated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations
of the Secretary of Labor, Part S 129 CFR. Fart Hot pursuant to Section 3(a) of the Davis-Bacon Act, as
sounded (40 U.S.C. 2H,-2(a».
(b) No part of the aforementioned contract h7s been or will be subcontracted to any subcontractor if such sub-
contractor or any firm, corporation, partnership or ascocistlon In which such subcontractor has s substantial
interest is designated as an eieligible contractor pursuant tn any of the aforementioned regulatory or statutory
provisions.
3. H« agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Rcquirenenta executed by the subcontractors.
4. Ha <ertitia« than
(e) The l*oal name and tkt buiintts eddrctt ef th« vnatr«ia.n«4 are:
.(>) Tk. rllHUrlioMd ii:
^ __L , _ _ J ' '^ '
ttt A l»ANtNEMSNI.*
" -----
-
14) OTHER ORGANIZATION (Ditcribc)
(<) Tkt M*«, litU ond •*Ur*ti of (..• ownor, p«f...0f» or oHicof* of iW unjs>fi.gii»d att:
(4 Tkt HOMO* MO* •JJrnMt of oil o*bor p«rsoaia both nthinl «i4 cofporot*, hcving • tubitMlial in!wott !• lit* vftdtraigo,**1,
«U tK« no*** of lh« inlfitl art (If •»«•. *« «•*.«*
NAME AOOHCtl
(•) Tli* names, •daVossos and Ifado clai»ific*lient of all •thor building construction cantrocton in which tht u*oVftigno<f boi
• tubstonlial ifllomt or* fl/ »*««. «* *iai A
NAMK
-
AOORK1S TMAOC CLAUIPICATION
Dot.
(Contractor}
U.&. £rL.s,i>..U Cod*. .UcUoft 10IQ. Till. 1«. U.S.C., provide* In P»rt "Who.-.r, .... »mk*m. p««M>. utt«r« ot puMUUM mn\
• to b* UU* abAlt b« tlt>m4 not nor* U»*o I5.00O or l«pri»tm*d not nor* OIM tw» ywra, 0
IX)cr>
HUO-U2I U-fit
U.S. DEPARTMENT OF HOUSING AN 3 URBAN DEVELOPMENT
COMMUNITY 3EVELOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
27
C I o-f 2
TO (Appropriate Recipient]:
c/o
DATE
PROJECT NUMBER (Ifany)
PROJECT NAME
I. The >"idf>r<;ign<v( having pveeuter! a contract u/iffi ,
t.vacur? of t
in the amount of S
in the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CrR, Par; S), or pursuant to Section 3(a) of the Davis-
Bacon Act, as amended (40 U.S.C. 2~6a-2(aj).
(c) 'No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such
subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or
statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmiUal to the recipient, within ten days after the execution
of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require-
ments, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about (Hate/
3. He certifies that:
(a) The legal name end the business address of the undersigned are:
(b)The
ID
(2)
undersigned is: •
A SINGLE PROPRIETORSHIP:
A PARTNERSHIP:
(31 A CORPORATION ORGANIZED IN THE STATE OF:
t*) OTHER ORGANIZATION (Describi)
(c) The name, title and «ddress of the owner, partners or officers of the undersigned are:
TITLE ADDRESS
(d) The names ana addresses of all other persons, both natural and corporate, having a substantial intertst in the undersigned, 0 „
and the nnture of the interest are (Ifr.one. sr> mid: *• " TMCrfte 3-«
NAMS ADDRESS
.
NATURE OF INTEREST
(e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has
a substantial interest are {If none, so stat?):
NAME ADDRESS
,
„
TRADE CLASSIFICATION
(Subcontractor)
By-(signature)(Typed Somf and
WARNING
U.S. Criminal Code, Section 1010. Title 18. U.S.C., provides in part: "Whoever makes, passes, utters, or publishes any
st«t£:r.cnt. knowing the same to be false shall be fined not more than S5.000 or imprisoned not more than two years, or both."
29
WEEKLY PAYROLL SUBMISSION AM) REVIEW. It is the responsibility
of each contractor and subcontractor and any lower tier subcontrac-
tor to submit to the recipient weekly payrolls for each workweek
from the time he starts work on the project until he completes his
work. If he performs no work on the project during a given work-
week he may either submit a payroll with the notation "no work
performed during this workweek" or submit a letter to that effect.
He should identify his initial and final payrolls by marking them
"Initial" and "Final". Payrolls shall be completed and submitted
no later than seven work days following completion of the workweek.
a. Payroll Forms. Contractors shall be urged to use the Depart-
ment of "Labor Form WE-3i*7» Payroll (see Appendix) . The text
of the. "weekly statement with respect to the payment of wages,"
which is required by regulations of the Secretary of Labor,
appears on the reverse side of this payroll form. A contractor •
may use an appropriate payroll form of -his own choice, which is
acceptable to the HDD Labor Relations Regional Officer, but he
must report all required items of information and he must attach
a copy of the weekly statement, using either Department of Labor
Form WH-3U8, Statement of Compliance, which contains the weekly
statement, and related instructions, or any form containing the
identical wording contained in Form WH-3^7 anil WH-3^8. These •
forms are available from- the- Superintendent of Dbcuments.
b. Fringe Benefits, The required weekly statement of compliance,
Form WH-3U8 includes statements concerning the payment of fringe
benefits, in addition to statements concerning the payment of the
basic. hourly wage rates. Refer to Appendix for detailed infor-
mation .as to permissible fringe benefits.
c. Payrolls Must Be Obtained And Examined Promptly. The recipient
shall insist upon prompt 7 work day submission of all payrolls.
The payrolls shall be examined upon receipt ±n order that any
necessary corrective action may be initiated before the problem
multiplies, and may be accomplished while the workmen are still
available. Special attention should be given to each project
by the recipient during the early stages of construction In
order to determine whether the principal contractor is meeting
his responsibilities regarding payrolls. Payrolls must be
.retained for three years following completion of the project.
d. Addresses; And Social Security ITumbers. 'The reporting of each
workman's address and social security number must be reported
for each workman on the first payroll on which his name appears.
It is permissible for the contractor to omit the workman's
* social security number on subsequent payrolls if the contractor
reports the workman's name on all payrolls -in.. the indentical
form in which it was reported on the first payroll, and "the
contractor has no other workman with the same name. It is per-
missible for the contractor to omit the workman's address on
subsequent payrolls if the contractor will report workman's new
address if and when he changes his address. •
V.-.'
30
e, Incomplete Payrolls. Each payroll shall be examined to deter-
mine if it includes all of the required itema of-information.
t Except where, falsification is .suspected, an incomplete payroll
may be returned to the principal contractor for completion,
but in most cases it will be better to request the principal
contractor to supply the missing information by means of a new
or supplemental payroll or a supplemental.statement. If there
is reason to believe that a payroll ia false, it shall not be
returned to the contractor. Rather, a report of such findings
• shall be referred to the HDD Area Office for its action.
f, Classifications And V/age Hates. Each classification and wage
rate reported on the payroll shall be compared with the corre-
sponding items on the applicable wage determination decision
to determine whether the rate reported ia at least equal to the
rate required by the decision. If a lesser wage rate is found,
request the contractor in writing to pay the required wage rate
immediately.
g, Computations And Extensions. Payroll computations and exten-
sions shall be spot-checked to determine whether the payrolls
are substantially accurate. Scattered 'minor errors may be
ignored. If such errors are numerous, however, the contractor
should be requested* in writing to exercise • greater care in the
preparation of payrolls.
h» Deductions. Deductions shall be reviewed to detect any non-
permissible deductions, (see Paragraph 9b).
i. Discrepancies Indicating1 Ho Underpayments. It is not .necessary
to delve into discrepancies or questionable item encountered,
which on their faces, do not indicate an underpayment. Por
example, if the applicable wage decision requires the minimum
payment of §3.00 per hour to carpenters, and a carpenter states
that he is being paid at the rate of $3»20 per hour, but the
payroll shows payment at the rate of $3»30 per hour, the 100
discrepancy between the workman's figure and the payroll figure
doea.not on its face, indicate underpayment, as both of the
figures are higher than the required minimum rate. The dis-
crepancy casts some doubt on the validity of both figures, of
course, but experience has shown the examination of such dis-
crepancies seldom discloses an underpayment. The time and
effort can be used to better advantage in examining discrepan— •
cies which, on their, faces, indicate violations.
j. Working Subcontractors. A bona fide subcontractor with an
established business must list on hia certified payrolls all
personnel, engaged in the contract -work, including himself if he
performs construction work. Aa the owner of the firm, he need.-
list only hia name and that he is the owner. If he has no other
employees and maintains he is a subcontractor, he must be car-
ried on the payroll of the prime contractor and paid at least
the determined hourly rate.
k. Internal Revenue Service Employer'a Identification Number. The
initial payroll submission from each contractor shall contain
the. IHS Employer's Identification Number.
U. S. CtPAHTT/CNT OF LAbOfl
WAGE AND HOUH AND PU&UC
CONTRACTS DIVlSiOMS
PAYROLL
(For Conlroctor't Optional Use; S>3* Intlruclion, Fortrt VVH - 347 Intl.)
c^e I c-f 2
Form Affttovf.l.
Budjrt fturtavt No 44-R1093
-"- 1
PAYROLL NO. ;. .;
£•.!.;
1 ' ' A'-'-'*- -•
NAME. ADDRESS. AND .:,V.;
SOCIAL SECURITY NUMBER H •
OF EMPLOYEE , {
?' '
|
•••'t
1
D
J-V
• : |;
.'.' i;
'l.-|.
!V".
•1;
^ ft CNOU.4M3X3OMIO1OHKXIMS JO CM_J
fOR WEEK ENDING
(31
WORK
CLASSIFICATION
(_•
1CO
0
O
5
O
S
O
S
0
S
0
r,
0
s
O
S
O
S
O
S
(4) DAY AND DATE
1
HOL'lia WORKED CACH DAY
._.
•
_
'
PROJECT AND LOCATION.
(S)
TOTAL
HOURS
RATE
Of PAY
: (7)
CROSS
• AMOUNT
• fARNEO
'•
.•
1
1
•
]
*•
.:i •"•.'"
.11
PROJECT OR CONTRACT NO.
(0)
DEDUCTIONS
""
WITH-HOLDING
TAX
"!!. .t^^ .i
-
i
•
•
•
OTMM
-
TCtAL
(9)
NET
WAOCS
PAO
FORWECX
PW 2LcvfZ
Pair.
I
(N'«mt <
do hereby stale:
puffy)(TWO
(1) That I pay or supervise the payment of the person] employed by.
________on th« _________
(UuUdlng or work)
.; that during the payroll period commencing on the.
dav of.19 and ending the._day of.
a!l perrons employed on mid project have been paid the full weekly wage* earned, Uiut no rebates
havebrrn or will bemade d:ber directly or Indirectly to or on behalf of said
.from the fulltContrftctor or •ubcuntractoi)
wecfcly w-jrs, cirnKi by itny perron tnd that no deductions have been made cither directly or
ladlrtc'Jy fro--n the full wises earned by nr.y person, other than permissible deductions as defined
In Resulaliont. fart 3 (09 CFR Subtitle A), issued by the Secretary of Lubor under the Copeland
Art, ij rorunded (48 3lat !>48.60 Slat 108.' 72 Stnt SC7; 70 btut. 357;40 U.S.C. 27Cc), and tk-s-
-crib«l beiow:
(2) That any payroJle otbenrbc under Chks cofllrcct jrqulrcd lobe submitted for the above
p«ri<xl ore corrtct sod cccipletc; that the va^c rcta for laborrrs or roechaclci contained therein
art r.ct lc;» li=j the EpplicntI: najc rctci contained In any ttegc drtrrr.lnilion lncorporaie<l into
' the ccalrcci, ti=t the duAiTcaUons :et fortb therein for each laborer or mechanic conform vlth the
work heptrforraei
(3) That any apprrr.tica employed In the above period ere duly registered In a bonn fide
»pprta!:cr*h;p proerum rtjlslsred wllh a Stole apprrr.litcthip agency rccognUcd by the Bureau
of Af.urrnuceiSiip and Tralnlaj. Ur.Ked Staic* Drpurtioeni of Lubor, or If no such rreogniicd
ajency eilsis in a Sta'.e, ure regUlcred with the Bureau of Apprenticeship and Training, United
States Dcpurtmcri of Lebor.
(4) That: . '•
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, F1UNDS,
Oil PROGRAMS ' jl !
j ] — In addition to the basic hourly wage rates paid to each laborer or mcchcr.lc
In the contrncl huvc been ur wit) be maile to opnronrlatc programs for lh«
benefit of sui.li einpluyccs, except »• noted In Section 4(c) below.
(b) WHKtlli KHINC13 IIKNEKIT3 ARK PA10 IN CASH j>
I I — Kncli laborer or mechanic Hated In the above referenced payroll has been
paid, 03 Indicated on the payroll, an amount not less than the sum of the
applicable basic hourly watfe rate plus the amount o( the required fringe
benefits as listed In the contract, except as noted In Section.4(c) below.
(c) EXCEPTIONS
EXCEPTION (EXPlAHAriON
REMARKS
NAME AND TITLE JICNATUnE
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY S'JS.'CCT THE CONTRACTOROR SUOCONTflACTOU TO CIVIL OR CRIMINAL PROSECUTION. SEE SCCTION IOOI OF TITLE 18 ANDSECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
For*
INSTRUCTIONS FOR PREPARATION OF
STATEMENT OF COMPLIANCE^ Vjo H 3M
This statement of compliance meets needs resulting from the amendment of the Davis-
Bacon Act to include fringe benefits provisions. Under-tiiis amended law. the contractor
is required to pay fringe benefits as predetermined by the Department of Labor, in addi-
tion to payment of the 'Tunimum rates. The contractor's obligation to pay fringe benefits
•may be met by payment of the fringes to the various plans, funds, or programs or by mak-
ing these payments to the employees as cash in lieu of fringes.
e contractor should show on the face of his payroll all monies paid to the employees
Aether as basic rates or as cash in lieu of fringes. The contractor shall represent in the
tatement of compliance that he is paying to others fringes required by the contract and
paid as cash in lieu of fringes. Detailed instructions follow:
fentractors who pay all required fringe benefits:
contractor who pays fringe benefits to approved plans, funds, or programs in amounts
not' less than were determined in the applicable v:age decision of the Secretary of Labor
shall continue to show on the face of his payroll the basic cash hourly rate and overtime
rate paid to his employees, just as he has always done. Such a contractor shall check
paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds,
or programs not less than the amount predetermined as fringe benefits for each craft. Any
exception shall be noted in Section
Contractors who pay no fringe benefits: ,
A contractor who pays no fringe benefits shall pay to the employee and insert in the
straight time hourly rate column of his payroll an amount not less than the predetermined
rate for each classification plus the amount of fringe benefits determined for each classi-
fication in the applicable wage decision. Inasmuch as it is not necessary to pay time and
a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of
the basic predetermined rate, plus the half time premium on the basic or regular rate plus
the required cash in lieu of fringes at the straight time rate. To simplify computation of
overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be
separately stated in the hourly rate column, thus S3.25/.40. In addition, the contractor
shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits
in cash directly to his employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c). Exceptions
•
Any contractor who is making payment to a'pproved plans, funds, or programs in amounts
less than the wage determination requires is obliged to pay the deficinecy directly to the
employees as cash in lieu of fringes. Any exceptions to Section 4(a) or -}(b). whichever
the contractor may check, shall bo entered in Section 4(c). Enter in the Exception column
the. craft, and enter in the Expi.'iiinlion column the hourly amount paid the employees as
cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes.
ul COVCKNMCM raiNfiNC o":<i n««o—»o;-j«i
For s.llo by the SupvriniviulciK "t l\Kuni«it». l.'.S. CioviTiiiiicnt'. Priiuini; OMH.K
\Vj>hiii);t<>n. O.(.. »IM(>> - 1'in.c >\.2"> per p.ul ot ItMt
DE.PAPTMIIHT OF LABOR
AND -lOUfi AND P'UDUIC
CONTRACTS DIVISIONS
STATEMENT OF COMPLIANCE
34Form Approved
Budget Hurcau No. 44-R109.1
Date
I.
(Name of signatory parly) (Title)
(1) That I pay or supervise the payment of the persons employed by
. do hereby stntc:
the
(Hui tding or work)
19 . and cndinp. the day of.
; that during the payroll period commencing on the day of.
alt persons employed on said project hnve been paid the full
weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said
.from the full weekly wages earned by any person and that no deductions have
(Contractor or subcontractor)
been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined
in Regulations. Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copelnnd Act, as amended (-48 Stat.
94.S-63 Stat. 10S, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below:
(2) That any payrolls otherwise undnr this contract required to be submitted tor the f.bove period are correct and complete;
that the wage rates for laborersor mechanics contained therein are not less than the applicable wage rales contained in any
wage determination incorporated into the contrac.t; that the classifications set fo-rth therein for each laborer or mechanic con-
form with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a botia fide apprenticeship program registered
with a S'.ate apprenticeship agency recognized by '.he Bureau of Apprenticeship and Training, United States Department of
Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United
States Department of Labor.
(4) That: 4
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
| 1 - In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced pay-
roll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs
for the benefit of such employees, except as noted in Section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
[ [ - Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the pavroll,
an amount not less than the sum of the applicable basic hourly wr.ge rate plus the amount of therequired fringe
benefits as listed in the contract, except as noted in section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (CRAFT)EXPLANATION
::-'.!u Ar.D T! I l.L
THI: >.!'. ri)L >• AL.'-IHC AT IOM or A:JY
CIV:: OWCKlMrNAU f'KO'.l. C t' 1 ION O
C O -' E
J
I . \HOVf-. S ; A T :; • • I r > T T
: l t or -• t '-01 C f ft • L i- 1 •
SO.'Ji.CT TUC CC'.fJ I i(A.f. TOU OH IU C C Or; 1 K AC. I OK Tr.,;ciiorj :• .•; or TI'LI .<< it TIII:. u.-ji ri.o ;. l A T ; s
35
SECTION 5-2. FEDERAL MINIMUM WAGES
SECTION 5
5-2.01 Minimum Wages.--Attention is directed to Section 6,
Federal Requirements, of these special provisions and Decision
No. CA79-5124, of the Secretary of Labor, included herein.
STATti California - CSC3.TTI Sin O'.e-,a
BSCISICBI TOK3£3> CA7»-Si24 • ' S*~ * £«• °t PMb
Sup*ci*d*as DvciiUM Ko. CA73-5SO* £ie»d JaAaJT" 27, i»JJ, in 43 HI 335?
0£SC2I77IO.1 OP WORXi fral'-il.-"? ?coj«cta (<Jo«» not l^cl-ji» »liv;l« f
hoo*« and <jacd«n fy^* «?arcr>«ne» up to ».--4 i^
tlljlvjy conauuctioa uvl ir^jl.vj.
xsassres
a:cr, ssocx *.-^i
?B«v=sae!=
Cerjot Kisona
Coiar Vorkj Ccrposlticn.
KisCle oc E?oiyi ?i.-.li3
KicaLtati Curb «jchir.» •
Spllc.ca
raa coi3TSccr:R
ELT/XTCR
(73C3.J
Or.-us»ntil» Structural
»acUt*CR poctian of San Ilrj
Counir frca c»n:»; o: dsy
0*1 Kir
Ra^ilstfir o: Cour.tr/-
8..U »
S 14. 4J
14.35
12.09
10.37
12.31
12.14
12.2S
8.11
9.U
13.30
15.33
15. S3
15.37
70VJ3.
12.10
11.11
12.00
12.03
10.45
.12.53
12. OS
12.03
15. S2
15. »J
13. t»
frt^. J~fi« C»T~.»
-H.r f-^..
J l.SS I J 1.37
1.57J
t r ^
.77
.71
.71
.71
.»
.IS.*u
.73
i.;3
1.24
2.J3
i.:a
1.23
1.23
-•'«'
l.£S
1.23
31*1.71
;7C j 31-1.71
,l>;i .59
*««
.J5
'• •=»
.-«
1.33
2.47
l!;? j 2.47
ir*
.75
-$5
.73
.75
.73
.11
.(1
1SI
l.co
1.J3
21*1.7121*:. 71
21-1.71
1.17
1.C3
1.C5
.10
.43
.90
1.35
1.3S
.S3
a
a
* 1.S5
l.SS
1.6S
13 1
.53
.70
..J/.r
l..r. Tr.
.04
. .03
.12
.07
.07
.C7
.07
.07
.07
.0}.os
.03
• .03
.07
.07
.07
11
.05
.02
.02
.02
.02
.CS
.03
en
o
5
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IV-1
SD
4-4
f
Fl-DlillAI. lUiCISTliU, VOL. <1-i, NO. 127-Friday, June 29, 1979
j:-
01
o iro
DIXTISIOK **0. CA7S-51U
•
Oruih, fjlnt Corner
btuvh lining tti-jc), Spray
f.jluitt o (iwln-; Bta-jt) ; Iron,
nice I and Lrid-jo p^lnletr li^ray
(iwlnfj Bt^ocJ
Iron, sttel *nd brld-jo p&lnter
(9(0un<lworlk) | Icon, itcel AA-J
bclil^^ p* Jrvto r •, ipf «y (ground-
work) | fll9<j«riif cllnlttnij ctteij
Ccush, cltrjjln'j ttc«l end
brltJQQj £pr »yi cllnliln^ stctl
Kid L>( |d JO
..Ll,.'I!l''wr"wo« »»j/or uidrWAT
TrAtflo 0<lln»tlnij <Javlc«
• i-t'llcjlor >
VOieel ctcv Inctillori Trofflo
lfcl|../r (irJlCIc iuttjcu cjn.l-
blJSUd V.T.k«l ctcp l/)»Ulitr|
S I r 1 p<i r )
51.UK!>ir StAL OrCXATIONl
Xlxer Oporilor
I^jce^o f-in
Appllcaior Op«r«tor
ChuitUr.jn
Top VjnPU srnjt J:HS
rlJlSTtKOS* TCSIDSJIS
l-i.iiujiciicj S>.:*j:!l»tf;f
UMI'LllS
SHECT m.T/1/.. wiutLRS
O.ilt
5 i:»37
12. «!
13.37
13.12
14.02
10.12
»7 1tit
7.<3
9.73
0.54
O.S4
0.54
7. CO
11.46
10.61
1J.1I
12.79
1J.H
H & V
J 1.21
1.2)
1.2)
1.23
1.73
1.2}
.C5
'
• .«$
.05
-.05
.15
.15
.05
.C5
.17
H .
.00
1.04
r,;.,. c....
1 1.38
l.JO
1.3S
1.30I.K.
.45
t 45
.43
.45
.45
.45
.45• ,4j
1.71
2.C5
151
1.05
2.24
rift
i,. r.,-..
.75
.75
.75
.75
,75.
b
b
b
b
b
b
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b
1.00
131
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UOCISIOU l». CA7J-512« ' ' ' J>»0« )
4>
COJT FLOOR LMTDUsi-RiKitLER rirrou
TEAKAtlO HOIUCEH3
TIL* tcrriais
TciiXAito «n.l TILE IICU-DU
(tiuciaui wcLorJU - Rcoelv« r»t« p
operation to w
». Era;>loy»r contrlbutt* 6* ot bn
6k of b*ilc hourly r«t« (or (
P»y Credit. « Paid Daltdiyoi
b. Employer contribute* $.23 p«r
to Vjcoclorv JMnd (or the f lr«r
5 yt4ta J.40 pel hour to Vi.ot
(.60 (>or hour ta.V,iv*lion rvind
fund.
TA10 HOLInAY.1l
A~-7<Vw fo4t'i"D-yi D-ho-orl«l Dnyi
r>-Ubor tuy, K-Th.nK.,lvln<j DAy,
Croup 1
Croup 2
Cioup )
Croup 4
CV-"m..« . . V*
B..U
f 11.47
15.52
12. <J
12.69
1.74
.•crll«J
,1<A ri,,
0 hourly
onthe to
A UHGU<J
tour to U
yc«r ot
on Fund,
ovoc 10
C-lnd.pc
-a.rl.tB
5,35
S.4i
1.70
FH»|t fttatlhi P» /*•*•!»
K L tfb M
.7J
.75
.11
.01
.11
(or cr«l
r>? or w(
r«t« (or
5 yo.r.'r.
lld*y rxi
KployiMn
5 y%4ro
yo«r« {.
denct DJ
• D«y.
'.77
.77
.77
.77
i 1.15
1.05
1.17
1.17
1.00
pir (or«l
ding U 1
i y«»n'
»oivlc« «
d plui }.
f » y««r
ut !••• t
0 (>tc hou
•
i
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{ 3.05
2.05
2.05
2. OS
'
•1
larvlcc <
1 ViC4t.ll
• .
'0 p« r h<-
•C lc<< >
• in 10 yr
to V«fJ
( i.eo
1.00
1.00
1.00
Appi. Ti.
.09
.01
.0*
.01.ot
•
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.13
.13
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DBCISJO.t rO. CA7J-31H
Croup li Laborer (general construction)) Dor In? Machine Helper) Caulker;
Ccacpeol Digger and ln»tell«[) Chucktender (except tunn«l») j Concetto •
Curcc (Irpecvloua s*elittnt end fo<« oiler)) Concede Water curing,
Cutting Torch Ojtittot (demolition)) IXlllef'a Helper (c*l»con) In-
cluding Bello-crs, Oft Pak.-it Kachlne, Concrete Cutting Torch, Dry
picking ol co/.crete, plugging, tilling of Shea Bolt liolei, Pino Cruder
on Mghwi/1, ottceti »nd iliport. pjvln-; (gevet <n<l drainage llr.el when
ec>i>loy:d) i MjO«cn) C4J and Oil Pipeline Lat>orer) Guinea Chafer) Jet Mini
Land<c*r>e Gardener and lAitfery Man/ Laier Dean In connection with laborer* •
wjik; packing J"o.] Steel «n.l Pjnij rlptUyx'i Cic>uj. >Ltni Coating/ Croutln),
)UKln7 of Jolntij £etLlm), CouUln], OU;><irln.; jnJ IncluJln) Rubber G.isV.«t
Jolntt, Polntln'ji CjlUoiiJ voik LjLxireii Rl^<)ln9 <nd Sl^n<lln9» Blprjp
St^ncpivcn SandsU«te( (Pot Tender); Scaltc, 5«pllc link Digger and 3n-
»t«llci (Lcad.rjn) | Tank Seller ami Cleaner, Tool SlicJ ChccXeri Wa(chakn)
WlnJc~ Cliiancr; Fence. Crector (Clan )) / Rebound K_in (f;unUt Industry) |
Croop 2i Aophalt naken Ironer; Sprotleri Du<39yDobt 1«. kinj Ceittnt l\lpy«r
(on 1 yard or li.";cf olxeri and hir.dll/H) tuH ceoenl) | CX>r«rett Saw lun
(e«cludlng tractor JU)lo-icr«p«r i
Cutler «nj l\>ta ulowerr C-increi* Ci Imler an.i s.in>1eti
o.l rirncli IU« lii'ji II-.M.I -jiil.k-,1 I «•)•)!
Cuncrett Coro
cri Sliorer)
Mr f Driller) All
Multiple L'nlt, end all tyv«« of >'.;chjntcal Drills without regard to the
fora of cotlve power) Driller (all other when drilling It for ui« of
«H>loa Ivc j) i Cjj and Oil Pipeline Wc«r';-«r (Pot Tender and Vurn >un) j
Cii and Oil Pipeline Wrapper (4 Inch pipe and over}) Operator and Tenders
of pneunatlc, gas and electric tooljj Concrete fucjisi Vibrating K.>chlr,j«)
hultl-plate Inpjct Wrench and ilallar occlunlcal tools not •cparatelv
claiilflrd herein) Flpelayer (pirfornlng all eerVlcea In the laying aru]
installation of pipe froa the [«lnt of receiving plp« until completion
of the operation. Including any and all Jorrj of tubular uterlal, vhellur
I'lr>e, Metallic or }K>n-nctalllc, Conduit and any other utatlonary typ« of
tubula: device vied for the conveying of ccbitance or tltiunt, whether
vatec, sewage, lolld, 543, air or other proJuctg what-co-«ver and with-
out regard to the nature of raccrUl froa i.tilch the tubular luterlal la
fabricated) rowderun) clasterc' llelpert) PrtfatrIcated'Kinhole Installtr)
Rack Slln;er) Sandblaiter and Watcrblaiter (><otilenMn) j Sealer (using Itoj'n
Oiilr, Safety Belt)) Steel Itcaderboard Kjn) Tree Cll«J/er, using cechanical
tcolaj Welding In connection with L-tboof'o vurk) Fenoi Erector (Cltea 5))'
Cun Kin (gunlte InduXry)
Croup 3i Tence Erector (Clan 1); tutsleoan and lux] ton (gunlto Industry)
Crr>uj> li Powdecaan) Olaiter* (llcentcO) - all vork of loading holeo,
placing and blasting all powder and oploalvea of whatever typ-a
(e$ardlc9S of. c«thod used for ouch loading aruj placing
Dec It Ion Ho. CA79-S124
TUlWRt.
fittlt
I ».4J
5.35
5.70
.77
.77
.77
M... »...i
f 2. OS
HI f«p*.««t
J 1.00
1.00
1.90
t
Aff». Ti.
.13
• 13.li
Croup 1
Croup I
Croup ]
Croup li Dliitfrit Orllltri/ twlttiani Cherry Plckeruni Croot
ttoper >nd ottiec {meuaitlc Ooncreta Flaor 0(»r«tori Ulncri In thott
dry tunr.eli under itreeti, hlghwayi anil ilnllar place') KJnotB (tunnel
bond or c.ichln<)) PovJefKan Uelper (tunnel work) j Steel For* Ratierf
tn4 Settero 1'lr.lxcoan) lutlnr>ercan - wooj or >t«tl
Croup 2i Dull Can-) I'jjcVera (Trackxin)i Oiucktenjorj Cablttenderi Concetti
Crew (Inclu'loi n^Uerc and 3pr«adcroj) Uurproiy Crouc Crew) tulp«r for
Steel fora (Ulotri tnd fctturc) Hucke^t (Lalioterc) In ehort dry tunnoK,
tmd<ir >Uoott, M'jh»<yn en.I (Inllar plauii) lll|i|>er) Sti"^-»t (Uf«4i.n\n
mul ;jw| tcttii.in) on tunntl work^ Vlbiatoir-in) JaiAh.WfcAac j rtteutt^tlg loolt
(e<ccpt trtiler)) tlutll-ylatt Icpjct Wrench
Croup )i rowJeroen (llcontcd) - rrlogr Uouit (tunntl wotkj) OhaCt and
Xtnprj Chtfteri) Matchnen
OPCRATORSl
Croup 1
Croup 2
Croup 3
Croup <
Croup J
Croup (
Croup 7
Croup t
Crovip i
f 12. OS
12.33
12. CJ
12. 7(
12.58
13.0}
13.21
13.3*
13.11
1 1.10
I'.IO
1.10
1.10
• 1.10
1.10
1.10
1.10
1.10
) 2.30
2.30
2.30
1.30
2.30
2.30
2.30
. 2.30
3.30
.70
.70
.70
.70
.70
.70
.70
.70
.70
.04
.04
.04
.01
.04
.04
.04
.04
coriinH
0
i/i
l-'HUbKAL RKCISTUK, V01..4-J , NO. 127-l;ri.l;.y, ./uiu> 2Jl,'l»7y
I
1*>''3i'1
,','t). IJ'/'-l-'ritl.-iy, .iune ll.>7<)
IIII
«•>=;.«l.islfeSi
11
1M
IS
I
-~j
DLC1SIOJI HO. CA79-5124
POUCH RJOII-HDiT OPERATORS (Cont'd)
Page 6 Decision llo. CA79-5124 rovui pQUiF.tnrr orcMATOU (Cont'd)P«9t 7
Croup li Sr.'n.oni Conpreasor Operator! Engineer Olleri Generator!
Heavy Duty Hepalrrjn Helped tunpt Signalman) Suitchir.jnt Dcckh.n.1
(dredge)) Dltchwitch) Elevator Operator (Inildii)l forklKt (under
5 ions)| '
Croup }| Comproaaor ({00 C.r.M. or larger); Concrete Mixer (oklp tyv«)I
Convcyorj rlre..uni llrd(O:ital 1C fiiup/ Ollor Crusher (Asphalt or Confute
I'loit)) Haiti IVvraliuf CcnvfiU/r, |'un|> m O.m,,i r 3 ,nt j )UitAry t>i 111
Uvl|vi (oilfield!) iA 11> I (>«<)<.•< - vl.gul ly\-v up to J/4 yd. wliliuui att.ich-
t.:nU) Jollt field Technician) Tai I'ol Miee-in) ToiMraiy Ik'jlln.j flanli
Titnchlng lUuhlno Oiled Truck Cuno Oiled Concrete funp Olloi (Uuck
ojunlvJ) i Dvckiuto (.krJ(c)
Croup 3r ford 1'ergucon (with dr«gtype «11 jchccnt i|; Iltllcopttr ludlo-
«un (ground)) Power Concilia Cut In.; Kichlnci Tuuar driven JuiU>o Too
lotted It-Uoniiy I'||>c Wupping »nil Cleaning K.ichlnc) CtJjill Olleri
£ur<;o Tucik an.1 Wilijlil HJI.UC (Uot flint)) Vrcnclxi OUcr (foundation));Truck. Cc«no Oiler
Ccoup (i Mphi'.t I'ltnt rirca-in/ Boring tUchlnoi Chip Spreading KachlntiConcrete piurip O,-x;r«tor) Dinkey L^cct.ntvo or M^toriun (10 ton) j llcll-
ct;>nr lljl«ti IH.jlillnc CJbUwjy Cl^nilr.jnj Power twceper) Titnchln'j
>'..tcr*lno (u;> to 6 Ct.)i Cjncrfftf I'UKIJ OiM.>r4tor« ccuck r-^uncedf ^oOk'un
oml O.oln.r.jnj llcllcupter FjlIUTun/ Ujicli Cjiglncer (di<d>jr)
Croiip Ji A-li>Ka Winch TitKK <y«j »tiJi) A.i['li*lt r?«nt or tVihotetc Cltcl/
I'Unl O;>v(aior (wl.cn c. n.»j[tI«1 (xjwcr U not need, no Igui then one
Ccncrmor O,-s>r4tor It rojuii eJ| |. Aaphal t Spr«tlln9 Kiclilne Oj.cinot
(Sproidcr Uir «nJ el^llitJl OU Sltii|>vn<d 0-jxjjin or Ht«ercjn Ui-i-Iult
or concote)) Concicti Joint Kiclilno Oi'croloi (ci»'l anJ nlall>r t)-|K-) jConcicli H«ner Oi-vratori Lcrilcli.jn [olllluld ty|-c) i urtllliv/ Kjchlne
O;.iislor (Including wjtn welli)) Ljulpucni Creaucr (KjUllc onJ Citjua
Dj^V)) I'oiklKc C-,'C«tcir (ovoi 'j ion cj|<aclf/J ) ll/dro-liAiuiwr - /.vrqSto.ii>cd IJyJro-ji jphlc SooJat Kichln> Cveoto'r (>uiv, pulp or cccJ) ;
InutruracniiMni Kjchlne Tcoi Oj^ricori Kj^lnnit Jntcrnit IMU Slib
Vibrator; Kochunlcjl rinluhvr O^trator (a>nc(«tc-CUty-John»on-u 1 J-icl 1
or slrjlljrji fjvr.ncnt Oicji-c/ O|*rjtor (Kut>. n-iontcJ, oiler rcqulreJli
Toad Oil Hlxlnij h-'.cnlnc Ojj;fjlt.d Holler CJ.KT«toi i hoaa Carrier O-t».-r«toc
(joljsiu-)l Sell-propel leJ Tjr rip«llnln9 Hiclilna CVcralor) Eklplojdcc
Operator (vtiecl or trjck typo over 3/< y<l- up to »nj Including IS yjj.))
EVI[-lojJct - roid I'crquuon up to 1/4 yd. with drjg j t tachtt-:nt •; Slip
Tore Puirp Operiior (pouur driven hydtiullc lifting device for concteta
forr.s) ) Screed Cvvrjtod £tlnger Ci me (Aunt Jn-Wu>tcrn or ilrelljr lypelt
TrjVwi'.-.; rl;-^ t'.^ri1*-*^/ Ci*±*in't AnJ tuiullnr; HjcMria Cf;^.'r«tor) TiucV
Loaded Tw;<}cr Holm (1 d(urj)
-V Iii
•*$^•1
Croup <i Aiphtlt or Concrete flint Enqlntcri Mr^itK or Concrete
Ojxr»tor (f pin; or (inl>hln<3)| X: phi It ftvln^ fuchlne
iDarber Crcenc Ol >l«llir ty|<el | Auloanlc Curb Kjchln«)
Celt Splicer or Vulciiilicr) DHL Lliu Ko«J factor) turner Factor
or •l»ll<r Opcratori Orld^* Cr«n« O|xr>tori BrlJ^a typ« Vnloider
• nd Turntable O;>«ratori C4tl-tn-pljct Ljyln^ Kjchlne; Coc^ilnktloA
Miner ant) Cb»|>feisor Operator I'junllo wuik)| Concrete Ml»er and
Compretaor O}>«cator (tjunlte work)} Concrete Hlxcr Dictator • •
pjvln'j (oiler lesxlrcdli Crane Delator (up to an4 Including 15 ton
capjclty) (ol Icr fn|ull«d) (Uxvj Ouoa p»y applicable) | Cruoliln.j
I'l.ml Oj^crator (ollar Injulrcd) (wltvf e C4**<*^rclat |^»««er la i»ot un«J,
no tvij Uun one Cc-nciatoi Ofedtur l« ln|\j|irJ)t O--cl Ijv^ln.' (\i-
(atud Drill Ox; loc | L'lcvatln'j Cra>la <>i>eiaior) Ciadall O|>v(alur fuller
reijulrcdjj Grade Checked Cioutlnf Kichtnc Opciatori Cuaid »Jll Pu»t
Lirlver Oixratori Heavy Duty Hcpaircan; flolm OjH-rator (ilngle diua -
Uuck lloUl - Chicago Oooa and itallai ty|x) | llolit Oi>crator (I or
3 ttrun) i )loliuin Oclt Loader and ilntlar ty|>4 (when two or eor* are
woiklnQ tojelher a» aJJllloiul cnployce i.'iall L-t re'julrcdli LeTourneau
CloU Compactor or alollac typ«| Lilt tv>tilla O-,><rator (oiler te-iulitd))
Lift flab Kjchlne 0|>«rator (Vagtborf and clallar lypcalj Kiterlal lloUC
Curator (1 d(u«)| rktcklnf Kichlne 0|>erator (1/i yd.) (oiler re<|ulred)t
(rubt<r tired, rail or trick type)) File Diver Curator (oiler rc<]ulrcd)j
(•ncuiutlc Concrete Placing H^chlno Opgrator (Ujckley-Pi eiiwcl 1 or eln-llar ty;>e)) I'noutjtlc UuaJliig Shield (lunnol)i ru«^>cr<lt Con Oi>erator|
J'oUr Cantry Crane O|>c(atori Rotary tirlll Oi>«rator (ocludlmj Calicon
tj-|«) (oiler required)* liut!«r-tIred Korth lv.vlmj t|ulpGcnl Oj.ccator
(>lnc;le engine - Caterpillar, Kuc\W, Mhey Wagon - water pullo m.l
nlnllar typo wllli any and all att4ch>'inl.a up (o JO cu. y>lt. itruik||
J-ulil.ot-l lied 3oiai>ur Oixitrjr (ig U-lolling pidJU wheel type - John
rxcra 104 and lUllar alnglo unit)) Sklploader &i-c<«tot (wheel or tuck
tyiHt, over IS yda. up to and Including (H yd>.)i Stinger Crane (Atiiatln-
Wcalorn-relt(bono or ttnllar type)(over S tone)t Curface Ueatcra and
Planer O\>cratocj Tractor Conjtreouor fjrllt Co»t»ln«t Ion O;»erator/ Tractorcyoratur (Hull roicr, Tai.per, £c[»p<;r, and Puili Tiacior, <ln<)le engln<)|
Trenching lUrMnt Ojmrator (over ( ft. drpUi capacity • njnufucturvra
rating)(oiler required); Tunnel Loctuntlve Operator (>J to 10 lonj)i
Universal Equlpex:nt &v.crator (jhovel, liackhoe, Draqltne, Clar.^hcll, up
to and Including 1 cu. yd. H.n.C.) (oiler leijjlled) (Long coca pjy
applicable)) Welder (general)
Croup 7i Autoiutlc Llnoau Tenalon Kjchlne (two Operator! required) |
Crane Operator (over 25 tons, up to anJ Including 100 ton M.B.C.)
(Long Po-3o pay applicable) (oiler required); Derrick Oar«je Of^rator
(oiler required, up to 100 tons) (ovot 100 tone, Mceun or Oiler
»e<iulred)» Dual Drun Klxer (oiler re.julreJ)) llotai Curator (J or
3 drun with boon attachn*nt)| Uolct O|><rator (Stiff Ug, Cuy Derrick
or dollar lyp« up to 100 ton capacity) (Ol Icr required. Long fio-x. uy
applicable)) Loader Operator (Alhey. tucl J, Sierra or elnllar ty;.*l I
H^norall U>cow>tlve Opvrator (dteiel, gju or electric)) r»tor Patrol -
Dla<lo O;>«rator) ilultlple tiiglnt Tractor O\>eiator (tuclld and il^llar
ty|K, e«cept Ouad I Cat)) Party Oiled Fre-alretied Hfappln<) Kichlne
Or-erator (two Operatora required)) Rubber -tired llirth Having D-julp-
ucnt Oixrator (multiple engine, Euclid, Caterpillar and flatter type
up to iO cu. yda, struck)) Tractor Loader Operator (CtawUr and wi.oel
tyi»e over CS yda.)) Tractor Operator (Uooa altachxnts) (over <0 (I.
t>ota, oiler required)! Tower Crane Operator (l-v> operators required);
Tower Crane ncpalruni Unlvarial EQulpaent Operator (Shovel, Oackh^a,
Dragline, Claachell, over 1 cu. yd. H.R.C.It Welder - certified) Welder-
llv-avy Duty Rcpalrun Conblnetloni Wood« MUer Cyj-'ator and other al»llar
PugalU L
OJ
00
0« ilc
Hi*
f B....,,p.,-..,
A,,.. If.
O I
llo. CA79-S124
Criup 3. Ajto Ztt.it: Cp«ritot (ant Grtdo Checker <n<l out
employee required)) Automatic Slip Corn Oi-rcilor |Cr<i<l« Checker *nd
one eJ'J 1 1 loiu I enploy** required)) Ci ina O\>er<tor (over 100 tonj, (wo
Oftrjlori rcqulri-d, Lon.j DOOA pay oppl Ic.tble) i Ij «iun (Jr«Jjr)j H..SII
CxcavJlor Curator (two or IUID Oi>«e«ior« »<\J OlUt requited, )oi Uiin
550 cu. ydi.); rvrchanlc*! finishing rvichlno Op«r.>lor) ttJUllo for* Travtltr
Os-cr«lotj (ioi.or filial O,>CI«UT (nult l-wjln«) I i'lp« rvitille Hjchlna Ov>«-
mto: ((wo OixrAtori ref,ulr;d)| Rub6<r-llreJ tJttli >ovln-7 c^|ulp.-«<nt Opv-
r«tot (cul ll-ctxjlne, CuclU, Caterpllltr JnJ ilallar typ« over JO cu. yJa.
struck)) Rubfx:f-t IreJ Scri[>«r Oi>er«tor (pu^hln'; on« anouher wlthuut Push
Cat, Pu:h Vull - 5.50 p<r luxir iddltlorul Co Uioo rile) | Rulit«r-t Ircd
S«1C Loadlnq Sctj[-or c^-critor IpjJJlo vl.ccl - Au'jtr tyrva Self Loading,
3 ur tort until) | I'oUc Cx in« t-H^cotucj TJM,IC« U]ul|>u<inc o,<<!i<lO( (]
unit! only) i TanJtrc Trtctor O/claloc (O'uJ > or UMlUc ly|*) | Tunnel
n>lo lioclmj luclilno C^xrttar
Croup It Cnnal Liner ur Trlnwr O^<r»t»i« (not.' )•» ilitn (our (4)
employee* cc<|ulred - Oiler, WolUoi - ivucrionlc' «n<J CraJe C)>»cXer) i ' '
Bellcof>«r rllotj lli-jhllnq Cibleu^y O]>»t4totj Hcn.)te Controlled
r-trlh K)vln<j r.^ulpment O)^er<tor (no one Of««tor (lull op\;rit< nor*
than tuu pieces oC eJCLh o}vln<] cqulpiMnt «t one tlwHJl.OO \>K hout
»Jdltlon>l to bioo rate)) vJ.c«l L'xcavalot O,.e(ator (ovor 750 cu. yds.
hour, two O;^ir«ton «nJ One Ollee »nd two Uojvy IXjty lu-p-ilrnon
1 t/l i't*<njlrvJl •CO
i\.vr.» ryuimuiT oi'C'AiORJ
Uiu.TO 1 Ik!
(.lyu.aullc £ucll...in. <.!.;.)
1
LEVI'J'JiMi
WATCH DICII.'ECR) Holder
OECHKATC
W1HOL".'JI (Stern Winch or Dredge)
BA^CIXA.SJ DecVhdndt rircun)
Olleri Leveehand
,««^.ll Oreo,.,,
LXWn<AU
WATOJ DfClllEERS
DECK MATE
BAJlCEKATe
C/J1CCXA.H) Deckhand) rirctMnj
Oiler
i
J 11. CO
11.0}
10.54
10.47
9.53
A
11.60
11.03
10.54
1 0'. 4 7
9.53
.55
.54
.55
.55
.55
.55
.55
.55
.55
.15
,
J 3.00
2.00
3.00
2.00
2.00
3.00
3.00
2.00
' 3.00
2.00
.40
.10
.50
.50
.50
.SO
.SO
/so
. iO
.50
4
.04
.04
.04
.04
.04
.04
j'.04
.04
.04
.01
DECISION 10. CA1*-S124
TROOC
Croop 1
Croup ]
Croup J
Croup 4
Croup 5
Croup C
.
} 1.40
9. £0
5. JO
10.00
13.00
5.10
Mil
S 1.0}
l.OS
l.OS
l.OS
l.OS
l.OS
FfUff &!•«
J 1.30
1.30
1.30
1.30
1.10
1.30
it. f .,-..
J 1.00
1.00
1.00
1.00
1.00
1.00
1
Af^r. T/.
.10
. .10.rt
.10
.10
.10
wuvnia
Croup li 2 Ml* Due?*! I ul« rlttUd) Dunk«riuni O>ncr«t* rumplrv]t
Indust,ru*l Lift) Truck Reptlrun Bel|>«ci WelJer Belpar; Warchcuie-
un> forklUt under 15,000 lb«.
Croup 2i J rJil« Duspj 1 «J(1« rUUxdi 2 wit Uittr Tcuck»| Ecoiln Control
Hojileuni tAmi^crtte, l««l U>»v (*| ydi.| focklltt lt.^100 11)3. tnd orari
rr«lli Violin* working Tcuvk Drlv«n Ho»0 Oil Opee.dorj CeMnt Dlilrlt-utor
or Slurry Dil««r| tn^ileunj Ifjii Cirrl«t• «
Croup Ji Of(-rojd Duup, unJvr 3i loot) 4 »«!« but !••> tntn 7 *«Ut Luvi-
l.oJ inJ Ttillci) rr'nilt Hlx, undtr I ydi.l ) «<!• u^ttr Truckn; Kiouln
Contruli Crout Klitri OuK!«;r«t« IS ydt. «ftJ ov»ri cxj«(>jl«ri| l*« lO'i, J0'«
tnd ov*o fuel Truck und Dynuilte) Winch, 2 *nl«j Truck Cre«s>r
Croup 4i Off-rojd Dunpi ]S lon> ind overt ^ «J<1* or <urt| Transit HU/I yd). »nd over) A-(uoo or Swcdlib Cnnoi) Tlroun) Wit«i Pull TanKeri)
Woldtnj Winch Truck, ) ixla or «or«
Crotp Si Truck JKpalcadn
Croup ii Trtfdc Control, *lio SwAAp*rt *n4 D«lfx>rj tn4 flckupa
tomn
»-HoX
tn
l-'ODI-UAl. RliClSTBR, VOL. -M, MO. 127-Friday, June 29, 1979 vp
HUDX010
>76) 40
U.S. DEPARTMENT OF HOUSING AND U33AN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FEDERAL LABOR STAMDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered "by this Contract
pertains is being assisted "by the "United States of America and the
following Federal La"bor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such federal assist-
ance .
2. MQUKDM VAGS PATES FOR LABORERS A>iD 1-3CHAITICS .
All laborers and mechanics employed upon the work covered "by this
Contract shall "be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory "by law and such-
other payroll deductions as are permitted by the applicable.regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti-Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
"by reference), regardless of any contractual relationship which may "be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the ss.n-9 without
cost or expense to the employee. For the purpose of this clause,
•contributions made or costs reasonably anticipated under Section 1 ("b)
(2) of the Davis-Bacon Act on behalf of laborers cr mechanics are
considered wages paid to such laborers cr mechanics, subject to the
provisions of Section $.5(a)(l)(iv) of Title 29, Code of Federal,
Regulations. Also for the purpose of this clause, regular contribu-
tions made or costs incurred for more than a. weekly period under plans,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
3. THTOEHPAXHENTS OF WAG33 OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford-
ed it under this Contract shall withhold from the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
Page 1 of 13 Pages
41
Agency or Public Body may consider'necessary to pay'such laborers or
mechanics the full amount of wages required by-this'Contract. The
amount so withheld may be disbursed by the Local Public Agency or
Public Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers: or mechanics to
whom the same is due or on their behalf to plans, funds, or programs
for any type of fringe benefit prescribed in the applicable wage
determination. .
1;. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, the Secretary of Labor has
.found, upon the written request of the Contractor, that- the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to "receipt of the findings.
5. OYERTH-IE COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 Stat. 35?-3oO: Title UO U.S.C., Sections 32?-
332)
' (a) Overtime requirements, No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
arid guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of ij.0 hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excjsss of 8 hours in any calendar day or in excess of 1^0 hours
in such work week, as the case may be.
00 Violation; liability for unpaid wages liquidated damages.
In the event of any violation of the clause set forth in paragraph (a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages 'shall be computed with
respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of §10 for each
calendar day on which such employee was required or permitted to work
Page 2 of 13 Pages
HUD-4010 (2-76)
in excess of 8 hours or in excess of the standard workweek of UO hours
without payment of the overtime wages required by the clause set forth
in paragraph (a).
(c) Withholding for liquidated d?~.3.ges. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for liqui-
dated damages as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor" shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which.they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made. .
6. . "EMPLOYMENT OP APPEEHTICES/TRAHIESS ' . " '
a. Apprentices will be permitted to work at less than the prede-
termined rate for the work they performed when t aey are em-
f ployed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
• . employment as an apprentice in such an apprenticeship program,
••; . ' who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen in any craft classi-
' fication shall not be.greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is.not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
• • Secretary of Labor for the classification of work he actually
O ' performed. The contractor or subcontractor will be required to
Page 3 of 13 Pages
HUD-4010 (2-76)
45
furnish to the contracting1 officer or a representative of the
Wage-Hour Division of the U. S. Department of Labor written
evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates)t for the area of
construction prior to using any apprentices on the contract
work. The wage rate paid -apprentices shall "be not less than
the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.""
b» Trainees« Except as provided in 29 CRX 5>»l5 trainees will not
be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered arid partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
. determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
._ sentative. of the Wage-Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
. rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined'
rate for' the work performed until an acceptable program is
approved.
c. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
•with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Page 4 of 13 Pages
HUD-4010 (2-76)
f 46
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the
'time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a '
copy of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pursuant to
the•so-called "Anti-Kickback Act" of June 13, 193U (U8 Stat. 9^8: 62
Stat. 862; Title U.S.C., Section 87U: and Title 1;0 U.S.C., Section 276c),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID VAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
.parties cannot.agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY VAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the'Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established.
In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
•Labor for determination.
Page 5 of 13 Pages
HUD-4010 (2-76)
47
L. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
T applicable wage poster of the Secretary of Labor, United States
aparfftflnt of Labor, and the applicable wage determination decisions of
aid Secretary of Labor with respect to the various classification of
aborers and mechanics employed and to be employed upon-the work covered
y this Contract, and a statement shoving all deductions, if any, in
ccordance with the provisions of this Contract,' to be made from wages
ctually earned by persons so employed or to be employed in such classi-
ications, shall be posted at appropriate conspicuous points at the site
f the work.. •
2. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
. No laborer or mechanic to whoa the wage, salary, or other labor
tandards provisions of this Contract are applicable shall be discharged
r in any other manner discriminated against by the Contractor or any
ubcontractor because such employee has filed any cosiplaint or instituted
r caused to be instituted any proceeding or has testified or is about to
estify in any proceeding under or relating to the labor standards appli-
able under this Contract to his employer.
3% CLAIMS.AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
>f laborers and mechanics employed upon the work covered by this Contract
;hall£** 5 promptly reported by the Contractor in writing to the Local
*ublic Agency or Public Body for referral by thu latter through the
Secretary of 'Housing and Urban Development to the Secretary of Labor,
Inited States Department of Labor, whose decision shall be final with
respect thereto.
lU. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
*
All questions arising under this Contract which relate to the
ipplication or interpretation of (a) the aforesaid Anti-Kickback Act,
'b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Oavis-Bacop. Act, (d) the regulations issued by the Secretary of Labor,
Jnited States Department of Labor, pursuant to said Acts, or (e) the
Labor standards provisions of any other pertinent Federal statute, shall
oe referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
Jnited States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
l£. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
i
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
Page 6 of 13 Pages HUD-4010 (2-76)
• G ., ' 48
furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each"
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the. types described in Section
l(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5-5(a.)(l )(iv) of Title 29,
Code of Federal Regulations, that the wages of any ls.borer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the
Davis-Bacon Act, the Contractor or subcontractor shall maintain records
which show that the conmitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been co-niunicated in writing to the. laborers or mechanics
affected, and records v.'hich show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the United
States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during
working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYP23 OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of .
the Project or Program to which this Contract pertains by the employees
.of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE' SUBCOuTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
Page 7 of 13 Pages
HUD-4010 (2-76)
r
49
without the Local Public Agency's or Public Body's prior written approval-
of the subcontractor. The Local Public Agency or Public Body will not •
approve any subcontractor for work covered by-this Contract who is at
the time ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of Labor or
the Secretary of Housing and Urban Development, to receive an award of
such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS -
t
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this Contract, provi-
sions which are consistent with these Federal. Labor Standards Provisions
and also a clause requiring the subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with
a clause requiring such insertion in any further subcontracts that may
in turn be made.
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS _
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breach of.these Federal Labor Standards Provisions, may also be grounds
for debannent as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
Page 8 of 13 Pages
•
HUD-4010 (2-76)
G
50
HUD-4010.1
(2-76) "~
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18. U.S.C.. section 874
(Replaces section 1 of the Act of June 13.1934 (48 Stat. 948, 40 U.S.C.,
sec. 276b) pursuant to the Act of June 25, 194S, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatso-
ever induci-i any person employed in the construction, prosecution, completion or repair of any public building, public work,
or building or work financed in whole or in part by loans or zrants trora the United States, to give up any part of the com-
peiuution to which he is entitled under his contract of employment, shall be fined not more than 55,000 or imprisoned not
more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862.
63 Stat. 108,72 Stat. 967,40 U.S.C.. sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractor? and subcontractors engaged in the construction,
prosecution, completion or repair of public buildinss, public work? or buildings or works financed in whole or in part by loans
or grants from the L'nited States, including a provision that each contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall
apply to such statements.
---XXX---
Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor. United States Department of Labor, has; promul-
gated the regulations, hereinafter set forth, which regulation* are fuur.d in Title 29, Subtitle A. Code of Federal Regulations,
Part 3. The term "this port,"as used in the regulations hereinafter jet forth, refers to Part 3 last above mentioned. Said reg-
ulations are as follows*. «
TITLE 29 - LABOR
h
Subtitle A - Office of the Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti-kickback" regulations under Melton 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to jny contract which is subject to Federal wage standards
and which is for the construction, prosecution, completion, or repair of public buildings, public works or building's or works
financed in whole or in part by loans or grants from the United Sut«. The part is intended to aid in the enforcement of the
minimum waje provisions of the Davis-Bacon Act and the various statutes deaJiru with Federally-assisted construction that
contain similar nu'nimum wajre provisions, including those provisions which are not subject to Reorganization Plan No. 14
Page 9 of 13 Pages
51
(e.g., the College Housing Act of 1050, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction
work. The part dc'.ails thi- obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby; sets forth the circumstances ami procedures governing the making of payroll de-
ductions from the wages of thos« employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "builjing" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power-
lines, pumping stations, railways, airports, terminal.*, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters.
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a builjing or work as is described in the foregoing sentence, the manufacture or furnish-
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are
manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution,""completion,"or "repair" mean all types of work done on a particular
building or work at the site thereof, includins, without limitation, altering,remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employees of tlie construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, com-
pletion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal
agency. .
(rl) The term "building or work financed in whole or in pirt by loans or grants from the United States" includes build-
ing or work for whose construction, prosecution, completion, or repair, as defined above, payment or port payment is made
directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated perr-on" includes a spou*e, child, parent, or other^close relative of the contractor or sub-
contractor; a partner or officer of the contractor or subcontractor: a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" w.ani the United States, ihe District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by tlic District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As ustd in this section, the term "employee"shall not apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
\
Page 10 of 13 Pages
HUD-4010.1 (2-76)
52,
(b) Kavh contractor or subcontractor engaged in the construction, prosecution, completion, or repair of juy |>ul>tic
building of public work, or building or work financed in who!'- or !n part by loans or grants from the United Stales, >li,ill
furnish cacli week a statement with respect to tlic wages paid each of it.-< employees engaged on work covered by '2')-H II
Paris 3 and J during llic jim-odin;: weekly payroll period. This statement shall he executed liy llie contractor or siibcun- •
tractor or by an authori/cd officer or employer of the contractor or 'ubcontraclor who supervises tlic payment nf wages, and
shall be on form \\ 11 3 111. "Statement of Compliance", or on an identical form on tlie back of \V'II 3 17, 'Tay roll (For Con-
tractors Optional l!se)"or on any form with fdciiiical wording. Sjinpli: copies of \V1I .'! 17 anil WII 3-IH may be obtained from
llif Government contracting or sponsoring agcnry, and copies of tln-jc formi may lie purtliawd at tlic Coxcrmntnl Printing
Office.
(c) Tlie requirements of this section fliall not apply to any contract of S2.000 or less.
(d) Upon a written [iitding by t!ie licad of a Federal agency, tlie Secretary of l.aJbor may provide reasonable limitations,
variations, tolerance*, and exemptions from llie requirements of thu* section subject to such conditions a.-, tlu: Scen-tary of
Labor may specify.
129F.R.93,Jan. 4. 196-1, a» amend.-dat33F.Il. lOIKG.July 17,106^1
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under § 3.3 shall L; dcliiered by the contractor or subcontractor, within jcven
days after the regular payinrnt date of the payroll period, to a reprc.-entjlive of a Federal or State agenr) in < han;c at the
site of the building or work, or, if there is no representative of a Federal or State agency at the site of tlic building or worU,
the statement s-haM be mailed by tlie contractor or subcontractor, within such time, to a Federal or Slate agency contrarling
for or financing the building or work. After such examination a;:d eherk as may be made, surh statement, or n copy thereof,
shall be kept available, or shall be transmitted together with a report of any violjlion, in accordance with applicable procedures
prescribed by the United States Department of Labor.
(b) F.ach contractor or subcontractor shall preserve his weekly pay roll records for a period of three years from dute of
completion of the contract. Tlu: payroll records shall set out occ-.:rate!y and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily anr! weekly number of hours worked, deductions made, and actual
wages paid. Such payroll records shall be made available at all ti:ne= for inspection b) the contracting officer or hi- authorized
representative, and by authori/cd representatives of the Dcp.irtny.-nt of Labor.
Section 3.S Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the silua!i>ni described in the paragraph of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal. State, or local law, such as F'edcral or State
withholding income taxes and Federal social security taxes.
I .
(b) Any deduction of sums previously paid to the employ er as a }>oua fide prepayment of wages when such prcp;^ nient
is made without discount or interest. A "bona fide prepayment of wn;es"ts considered to have been made onk when ea-h or
its equivalent has been advanced to the person employed in such manner as to give IHIU complete freedom of disposition of the
advanced funds.
(c) Any deduction of amounts required by. court process to be paid to another, unless thtdeduction is in favor of the
contractor, subcontractor or any affiliated per.-on, or when collusion or collaboration exists.
CP
Page 11 of 13 Pages
HUD-4010.1 (2-76)
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or both, for the prupose of providing eithrr from principal or income, or both, medical or
hospital care, pensions or aimuitics on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or
disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
similar payments for the benefit of employees, their families and dependents: Provided, however. That the following standards
are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such consent U not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employees: (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall -xne th* convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United Slates Defense Stamps and Bonds when voluntarily
authorized by the employee. ' •
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with FederaJ and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-
govemminlal agencies, such as the American Ked Cross.
(h) Any deduction voluntarily authorized by the employee for the miking of contributions to Community Chests,
United (livers Funds, and similior charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessment:,:
Provided, kowecer, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable co.-l" of board, lodging, or other facilities meeting the require-
ments of section 3(rn) of the Fair Labor Standards Art of 1038, as amended, and fart 531 of this title. When such a deduction
is made the additional records required under § 516.27 (a) of tl;i= title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or .subcontractor may apply to the Secretary of Labor for permission to make any deduction not per-
• mitti'd under § 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not mak« a profit or benefit directly or indirectly from
the deduction citherin the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is cither fl) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such con«:nt is not a condition cither for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction -«rvcs the convenience and interest of the employee.
Page 12 of 13 Pages
HUD-4010.1 (2-76)
54
Section 3.7 Applications for the approval of t!ic Secretory of Labor.
Any application for the nuking of payroll deductions under § 3.6 shall comply with I lie requirement* prcicriln'd in tliL
following paragraphs of t!u.< section:
(a) The application shall bo in writing at.J shall he addressed to the Secretary of l.ilior.
(b) The appiicalion shall identify ihc contract or contract; under wliirh the work in question is to he performed. Per-
mission will be given for deductions only on specific, identified contract*, except upon a allowing of exceptional circumstances.
(c) The application shall slate affirmatively that there if compliance with the standards sc} forth in the provisions of
§ 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the projoscd deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed deduction would he made.
(c) The application shall state the name and business of any third person to whom any funds obtained from the pro-
posed deductions are to be transmitted and the affiliation of >urli person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of tabor shall decide whether or not the requested deduction is permissible under provisions of § 3.6;
ind shall notify the applicant in writing of his decision.
.Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which arc not found to be permissible under § 3.6 arc prohibiti-d.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or ihe additional forms of compensa-
tion for which deductions arc permissible under this part. No other methods of payment shall be.recognised on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
AH contracts made with respect to the construction, prosecution, completion, or repair of ar.y public building or public
work or building or work financed in whole or in part by loans or grants from the United Slates covered by llii- regulations in
this part shall expressly bind the contractor or subcontractor to comply with such of'tlic regulation? in this part as may be ap-
plicable. In this regard, see § 5.5 (a) of this subtitle.
Page 13 of 13 Pages
HUO-4010.1 (2-76)
•ft- OS.GOYHIiMEMT PSltfiYiOfStt: W5— 210-5SS/2M
55
CITY OF CARLSBAD
CONTRACT No. 1075
General Provisions
1. Definitions
A. Reference to Drawings: Where the words "shown", "indicated",
"detailed", "noted", "scheduled", or words of similar import are
used, it shall be understood that reference is made to the drawing
accompanying these provisions unless stated otherwise.
B. Directions: Where the words "directed", "designated", "selected",
or words of similar import are used, it shall be understood that
the direction, designation, selection, or similar import of the
architect is intended unless stated otherwise. The word "required"
and words of similar import shall be understood to mean "as required
to properly complete the work as required and approved by the City
Engineer" unless stated otherwise.
C. Equals and Approvals: Where the words "equal", "approved equal",
"equivalent" and such words of similar import are used, it shall be
understood such words are followed by the expression "in the opinion
of the architect" unless otherwise stated. Where the words "approved",
v "approval", "acceptable", "acceptance", or words of similar import are
used, it shall be understood that the approval, acceptance, or similar
import of the architect is intended.
D. Perform and Provide: The word "perform" shall be understood to mean
that the contractor, at her/his expense, shall perform all operations,
labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified, or required to
complete such performance. The word "provide" shall be understood to
mean that the contractor, at her/his expense, shall furnish and install
the work, complete in place and ready for use, including furnishing of
necessary labor, materials, tools, equipment and transportation.
E. Language and Intent: The specification section is written in a modified
brief style consistent with clarity. In general, the words "the",
"shall", "will", and "all" are not used. Where such words as "perform",
"install", "erect", "test", or words of similar import are used, it
shall be understood that such words include the meaning of the phrase,
"the contractor shall". The requirements indicated and specified
apply to work of the same kind, class and type, even though the word
"all" is not stated.
2. Codes and Standards
Standard specifications incorporated in the requirements of the speci-
fications by reference shall be those of the latest edition at the
time of receiving bids. It shall be understood that the manufacturers
56
General Provisions - Contract No. 1075
Codes and Standards (continued)
or producers of materials so required either have such specifications
available for reference or are fully familiar with their requirements
as pertaining to their product or material.
3. Manufacturer's Instructions
Where installation of work is required in accordance with the product
manufacturer's directions, the contractor shall obtain and distribute
the necessary copies of such instructions, including two copies to
the City Engineer.
4. Internal Combustion Engines
All internal combustion engines used in the construction shall be
equipped with mufflers in good repair when in use on the project
(with special attention to City Noise Control Ordinance No. 3109,
Carlsbad Municipal Code, Chapter 8.48).
5. City Inspectors
All work shall ^e under the observation of a City Contruction In-
spector. Inspectors shall have free access to any or all parts of
work at any time. Contractor shall furnish inspectors with such
information as may be necessary to keep her/him fully informed
regarding progress and manner of work and character of materials.
Inspection of work shall not relieve contractor from any obligation
to fulfill this contract.
6. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be
inserted in this contract shall be deemed to be inserted herein and
the contract shall be read and enforced as though it were included
herein, and, if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon application
of either party the contract shall forthwith be physically amended
to make such insertion or correction.
7. Intent of Contract Documents
The contractor, her/his subcontractors and materials suppliers shall
provide and install the work as indicated, specified and implied by
the contract documents. Any items of work not indicated or speci-
fied, but which are essential to the completion of the work, shall
be provided at the contractor's expense to fulfill the intent of
said documents. In all instances throughout the life of the contract
57
General Provisions - Contract No. 1075
Intent of Contract Documents (continued)
the City will be the interpreter of the intent of the contract
documents and the City's decision relative to said intent will be
final and binding. Failure of the contractor to apprise her/his
subcontractors and materials suppliers of this condition of the
contract will not relieve her/him of the responsibility of compliance.
8. Substitution of Materials
The proposal of the bidder shall be in strict conformity with the
drawings and specifications and based upon the items indicated or
specified. The contractor may offer a substitution for any material,
apparatus, equipment or process indicated or specified by patent or
proprietary names or by names of manufacturer which she/he considers
equal in every respect to those indicated or specified. The offer,
made in writing, shall include proof of the State Fire Marshal's
approval (if required), all necessary information, specifications and
data. If required, the contractor,at her/his own expense, shall have
the proposed substitute, material, apparatus, equipment or process
tested as to its quality and strength, its physical, chemical or other
characteristics, and its durability, finish, or efficiency, by a
testing laboratory as selected by the City. If the substitute offered
is not deemed to be equal to that so indicated or specified, then the
contractor shall furnish, erect, or install the material, apparatus,
equipment or process indicated or specified. Such substitution pro-
posals shall be made prior to beginning of construction, if possible,
but in no case less than 10 days prior to actual installation.
9. Record Drawings
Contractor shall provide and maintain at the project site one complete
set of white background prints of all mechanical and electrical draw-
ings which form a part of the contract. Immediately after the work
is installed, contractor shall carefully draw on these prints all work
which is installed at variance with the work as indicated on the draw-
ings and locate by measured dimensions to building corners or to other
permanent monuments, the location and depth of all underground utility
distribution. Upon completion of the work, Contractor shall deliver
the set of correct prints to the City in good condition with every
change in the work indicated thereon.
10. Permits
The general construction, electrical and plumbing permits will be
issued by the City of Carlsbad at no charge to the contractor. The
contractor is responsible for all other required licenses and fees.
58
General Provisions - Contract Mo. 1075
11. Quantities in the Schedule
The quantities given in the schedule, for unit price items, are for
comparing bids and may vary from the actual final quantities. Some
quantities may be increased and others may be decreased or entirely
eliminated; no claim shall be made against the City for damage
occasioned thereby or for loss of anticipated profits, the contractor
being entitled only to compensation for the actual work done at the
unit prices bid.
The City reserves and shall have the right, when confronted with un-
predicted conditions, unforeseen events, or emergencies, to increase
or decrease the quantities of work to be performed under a scheduled
unit price item or to entirely omit the performance thereof, and upon
the decision of the City to so do, the City Engineer will direct the
contractor to proceed with the said work as so modified. If an in-
crease in the quantity of work so ordered should result in a delay
to the work, the contractor will be given an equivalent extension of
time.
59
SPECIAL PROVISIONS
DIVISION ONE - GENERAL REQUIREMENTS
1. Work to be Done
The work to be done shall consist of furnishing all labor, equipment,
materials, and performing all the operations necessary to complete
the parking lot and street scape improvements as shown on the con-
struction plans.
2. Plans and Specifications
The specifications for the work consist of the Standard Specifications
of the City of Carlsbad, the 1979 edition of Standard Specifications
for Public Works Construction (hereinafter designated SSPWC) as issued
by the Southern California Chapters of the American Public Works
Association and these contract documents and specifications.
The construction plans consist of five sheets designated as City of
Carlsbad Drawing Mo. 196-9. The standard drawings utilized for this
project are City of Carlsbad drawings and drawings from the Regional
Standard Drawings of the San Diego area. Copies of pertinent standard
drawings are enclosed with these documents.
3. Construction Schedule
A construction schedule is to be submitted by the Contractor per
Section 6-1 of the SSPWC at the time of the preconstruction conference.
Coordination with the respective utility company for removal or re-
location of conflicting utilities shall be requirements prior to
commencement of work by the Contractor.
The Contractor shall begin work after being duly notified by an
issuance of a "Notice to Proceed" and shall diligently prosecute
the work to completion within 45 consecutive calendar days from the
date of receipt of said "Notice to Proceed."
4. Nonconforming Work
The Contractor shall remove and replace any work not conforming to
the plans or specifications upon written order by the City Engineer.
Any cost caused by reason of this nonconforming work shall be borne
by the Contractor.
5. Guarantee>»•*W All work shall be guaranteed for one year after completion and any
faulty work or materials discovered during the guarantee period shall
be repaired or replaced promptly.
60
6. Water for Construction
The contractor shall obtain a construction meter for water utilized
during the construction of this contract. The contractor shall contact
the appropriate water agency for requirements. Contractor shall include
cost of water and meter rental within appropriate items of proposal. No
separate payments will be made.
Contractor shall be responsible for periodic washdown, sweeping or other
methods to keep public street in a clean condition satisfactory to the
City. Contractor shall also be responsible for the repair or replace-
ment of any existing pavement damaged by his/her equipment.
7. Dust Control
The Contractor shall furnish a water supply vehicle on the job site.
The Contractor shall apply water in the amounts and at intervals as
directed by the Engineer. The water supply vehicle and an operator
shall be available upon a reasonable notice as determined by the
Engineer for after hour, weekend, or holiday dust control work. If
the Contractor is not available for dust control measures, the City
will arrange for the work to be performed by others and will deduct
all equipment, labor, and material costs thereof from the contract
amount. The Contractor shall furnish a street sweeper vehicle on the
job site and shall sweep areas as directed by the Engineer. All costs
involved for dust control, including supplying and operating water
supply vehicles and street sv/eepers, shall be absorbed in other items
of work.
8. Surveying
The Contractor shall be responsible for securing any necessary survey
and construction staking from a licensed land surveyor or registered
civil engineer. Such work shall be considered included in the price
bid for the various items of work and no additional compensation will
be made therefor.
9. Use of Pavement Saws
A concrete pavement saw shall, where practical, be used in the removal
of all existing concrete curbs, sidewalks and gutters. A full depth
of saw cut shall be used where possible. Minimum depth of saw cut
shall be 2/5 the thickness of the concrete pavement. Pavement saws
need not be used for the removal of bituminous pavement in the City
streets. However, the bituminous pavement shall be sawn at removal
lines determined by the Engineer.
10. Obstructions and Cooperation
The Contractor shall coordinate his/her work with that of other trades
to avoid conflicts and shall cooperate with other forces working in
61
the area in order to achieve a timely completion and allow work to
progress in a logical manner. Due precautions shall be taken and
care exercised to protect other facilities that may be in place at
the time Contractor is performing the work.
Should the Contractor in the course of the work encounter any ob-
struction that requires a design change or special construction
method, he/she shall immediately contact the Engineer for supple-
mental instructions and notify the affected agency whose facility
may be involved, and proceed on the basis of written instructions
from the Engineer and such agencies.
11. Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety
of employees on the work and shall comply with all applicable pro-
visions of Federal, State, and municipal safety laws and building
codes to prevent accidents or injury to perons on, about or adjacent
to the premises where the work is being performed. He/she shall
erect and properly maintain at all times, as required by the conditions
and progress of the work, all necessary safeguards for the protection
of the workers and public and shall post danger signs warning against
the hazards created by such features of construction as protruding
nails, hoists, well holes, and falling materials.
The Contractor bhall notify the City of Carlsbad Police and Fire
Departments 24 hours prior to beginning work. In addition, the con-
• tiguous property owners shall be notified 24 hours prior to beginning
of"work and also during the progress of work if substantive traffic
flow changes or driveway closures will affect their operations.
12. Cutting, Patching
The Contractor shall do all cutting, fitting or patching of the work
that may be required to make its several parts come together properly
and fit it to receive or be received by work of other contractors
shown upon, or reasonably implied by, the Plans and Specifications
for the completed structures, and Contractor shall make good any defect
as the City may direct.
The Contractor shall not endanger any work by cutting, excavating or
otherwise altering the work and shall not cut or alter the work of
any other contractor save with the consent of the City.
13. Barricades
The Contractor shall provide and install all barricades and barricade
signing as required for traffic control. Temporary signs, barricades,
reflectors and other items that may be required during the course of
construction by the City or other governing agencies or codes shall
be provided by the Contractor.
62
14. Cleanup and Protection of Work
The Contractor is required to conduct concurrent cleanup operations as
the work proceeds. Portions of the job other than active work areas
as determined by the City Engineer shall be completely cleaned of dirt,
debris, trench spoil, equipment and construction material; and these
areas are to be completely restored.
Dumping or storage of materials or storage of equipment in public rights-
of-way or private property requiring subsequent cleanup shall not be
permitted unless written permission is secured from the agency having
jurisdiction or owner of the property and submitted to the Engineer
and approved.
Roadway and parkway areas shall be left clean and neat and within a
tolerance of - 0.10 feet. Fine grading work shall include dress-up
of eroded or rutted areas within street rights-of-way and elsewhere
caused by Contractor or storm damage during the construction period.
The Contractor shall finish the roadway for acceptance by the City of
Carlsbad. This shall include dressing the parkway, removal of any
unsuitable material, wash-down of pavement, and cleanup of any debris
arising from execution of Contractor's work. Site shall be left in a
clean and neat condition to the satisfaction of the City.
Until the formal acceptance of the work, the Contractor shall have the
charge and care thereof and shall bear the risk of injury or damage to
any part thereof by the action of the elements or from the performance
or nonperformance of the work.
All costs involved in protection, restoration and cleanup of existing
improvements shall be included in other items of work.
15. Record Drawings
The contractor shall provide and keep up-to-date a complete "as-built"
record set of transparent sepias, which shall be corrected daily and show
every change from the original drawings and specifications and the exact
"as-built" locations, sizes and kinds of equipment, underground piping,
valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Owner at cost. This set of draw-
ings shall be kept on the job and shall be used only as a record set
and shall be delivered to the Owner on completion of the work.
16. Work Indicated as N.I.C.
The term "N.I.C." shall be construed to mean that work of this Contract
which is not being performed by the Contractor; the term shall mean "Not
in This Contract" or "Not a Part of the Work to be Performed by this
Contractor."
17. Vandalism
All improvements shall be protected from defacement or unauthorized markings
during the period of the contract. Items so damaged shall be replaced or
repaired by the contractor at no cost to the City.
63
DIVISION TWO - TECHNICAL REQUIREMENTS
1. Clearing and Grubbing
Clearing and grubbing shall include, but not be limited to, the removal
and disposal of all asphalt paving, concrete curbs, gutters and side-
walks, trees or shrubs, and any other deleterious matter necessary to
accomplish the construction of the improvements as shown on the plans
and as specified in these Special Provisions.
Material removal shall conform to the requirements of Section 300-1 of
the SSPWC and these Special Provisions.
All concrete, asphalt paving, and other materials removed shall be dis-
posed of in a manner acceptable to the Engineer. The cost of the ma-
terial disposal shall be deemed included in the lump sum price bid for
clearing and grubbing and no additional payment will be made therefor.
2. Earthwork
A. Earthwork shall conform to the requirements of Section 300-2 of the
SSPWC and these Special Provisions.
B. All fill material, whether imported or from on site sources, shall
be free of trash, vegetable matter, rocks larger than 8" in any dimen-
sion, or other deleterious substances as determined by the City.
C. Trees designated to remain shall be protected. Soil shall not be
piled or compacted within the drip line of the trees. The contractor
shall be held responsible to replace trees damaged in any way by
their operation with trees of a similar species and size.
D. Rough grading shall be within plus or minus 0.1 foot of final eleva-
tions. Finish grades shall be the maximum elevations as shown on
the drawing with a minus tolerance of 1/2" if uniformly distributed.
E. All soil receiving fill shall be scarified to a depth of 8". Soils
beneath the pavement areas shall be scarified to a depth of 12".
F. Compact all fill areas to a minimum of 90% of the maximum dry den-
sity when tested in accordance with ASTM D1557.
G. Fill material shall be brought to the optimum moisture content prior
to compaction. No fill work is to be done during unfavorable weather.
H. Payment for the earthwork, including finish grading, shall conform
to the requirements of Section 300-2.9 of the SSPWC.
3. Trenching and Backfills
All trenching shall conform to the requirements of Section 306 of the
SSPWC and these Special Provisions.
Backfill excavations as construction operations permit, but not before
all work to be covered has been inspected and approved by the Engineering
Inspector.
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Backfill shall consist of non-expansive, predominately granular soils
as approved by the City. Place backfill in loose lifts not more than
8" thick and mechanically compact to at least 90% of the maximum dry
density obtainable when tested in accordance with ASTM D1557. Soil be-
neath the pavement areas and within 2-1/2 feet of the top of pavement
grade shall be compacted at 95% compaction.
Payment for trenching and backfill shall be considered as included in
the cost for the individual items of work and no additional compensa-
tion will be made therefore.
4. Finish Grading
A. Before and during finish grading all weeds and grasses shall be dug
out by the root and disposed of off the site.
B. Finish grading shall consist of finishing surfaces by raking smoothly
and evenly and removing and disposing off site all extraneous matter
to facilitate natural run-off water.
C. The moisture content of the soil shall not be so great that excessive
compaction will occur; nor so dry that a dust will form in the air or
that clods will not break easily.
D. Finish grade shall be smooth even and uniform with no abrupt change
in surface. Soil areas adjacent to buildings shall slope away from
the building to allow for positive drainage. Low spots shall be
graded to drain properly.
E. The planting areas shall be graded to a level 1-1/2" below the grade
of adjacent pavement walks, curbs and headers except where directed
by the Engineer to allow for drainage.
F. Payment for finish grading shall be considered included in the bid
item for earthwork and no additional payment will be made therefor.
5. Concrete Curbs and Gutters. Sidewalks, Cross Gutters and Spandrels
A. The construction of concrete curbs and gutters, sidewalks, cross
gutters and spandrels shall conform to Section 303-5 of the SSPWC.
B. Portland cement concrete shall be 2500 PSI and shall conform to
Section 201-1 of the SSPWC.
C. Concrete sidewalks shall be 4" in thickness. The cross gutters
and spandrels shall be 6" in thickness.
D. Reinforcing bars shall conform to the requirements of Section 201-2
of the SSPWC and these special provisions.
E. Joint dowel bars shall be 1/2 inch ASTM A615 Grade 60 steel.
F. Brush markings on sidewalks shall be uniform, even textured, using
new manila hemp bristle broom or equivalent tools as approved by the
City. All formed edges shall be rounded to a radius of 1/2 inch.
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G. Concrete paving shall be remarked as necessary after final finish
to assure neat uniform edges, joints and score lines. Scoring
lines shall have a minimum depth of 1/4 inch and a radius of 1/8
inch and shall be located as shown on the plans.
H. Concrete paving slabs shall be poured in alternate sections as
shown on the plans and with a maximum of 400 feet in each section.
Joint dowel bars shall be installed at 3-foot centers with one end
greased or capped so it is free to move. Contact joint edges shall
have a trowelled radius of 1/4 inch.
I. Measurement and payment for concrete curbs and gutters, sidewalks,
cross gutters and spandrels shall conform to Section 303-5.9 of the
SSPWC.
J. Payment for concrete sidewalk shall include all labor, equipment
and materials necessary to construct the sidewalk, including the
brush finish and handicap ramps complete and in place as shown on
the plans, as specified in these Special Provisions and as directed
by the Engineer.
K. The cost of any excavation, fill or other street construction work
not specifically listed as a bid item shall be included in the bid
prices for the various items of work and no additional payment will
be made therefor.
6. Asphalt Join
A. The contractor shall saw cut the existing asphalt road surface along
a line as directed by the Engineer to provide a smooth join section
and to allow sufficient space for the installation of the gutter form
work.
B. After the removal of the concrete forms, the pavement shall be re-
placed with a structural section consisting of 3" of asphalt concrete
over 8 inches of aggregate base material.
C. Asphalt and base materials shall conform to the requirements as
specified in the asphalt pavement section of these Special Provisions.
D. Payment for asphalt concrete paving and aggregate base material for
the join section shall conform to Sections 302-5.8 and 302-2.4 of
the SSPWC respectively.
7. Aggregate Base
A. Aggregate base materials shall conform to the requirements of Sec-
tion 301-2.1 through Section 301-2.4 of the SSPWC.
B. Aggregate material supplied shall have a maximum water content of
3% at time of weighing..
C. Measurement and payment for aggregate base shall conform to Section
301-2 of the SSPWC.
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8- Asphalt Concrete Paving
A. Asphalt concrete shall be Type I-B-AR-4000 and shall conform to
the requirements of Sections 203 and 302 of the SSPWC.
B. Aggregate shall conform to Subsection 203-5.3.2 and shall be
Type I Class B.
C. A prime coat shall be applied to the surface of the untreated
aggregate base at the rate of 0.25 gal/SY. The prime coat shall
be grade SC250.
D. A tack coat shall be applied on abutting concrete surfaces, along
the saw cut and on existing pavement to be resurfaced at the rate
of 0.10 gal/SY. The tack coat shall be Type SSI asphaltic emul-
sion.
E. A seal coat shall be applied to the finished surface at the rate
of 0.10 gal/SY. The seal coat shall be Type SSI asphaltic emul-
sion with a 60-70 grade liquid asphalt.
F. Before final acceptance of the work the contractor shall, in the
presence of the City Inspector, test all paved areas for correct
water run off by flooding with water from hydrants. Any area
where water remains standing shall be brought to correct grade to
prevent ponding.
6. Compensation for the asphalt concrete paving and aggregate base,
including prime, seal and tack coats for the parking lot and road-
way join section, complete and in place, shall be included in the
unit price bid for these items of work and no other compensation
will be made therefor.
9. Interlocking Pavers
The contract price bid for the interlocking pavers shall include full
compensation for furnishing all labor, equipment and materials for the
installation of the pavers, complete and in place, as shown and speci-
fied on the plans and as directed by the Engineer.
10. Textured Concrete
A. Textured concrete shall be Bomanite or an approved equal of a tex-
ture and design as approved by the City Engineer.
B. The contract price bid for textured concrete shall include full
compensation for furnishing all labor, equipment and materials
complete and in place as shown on the plans in place of the inter-
locking pavers and as directed by the Engineer.
11. Precast Bollards
The contract bid price for the precast bollards shall include full
compensation for furnishing all labor, equipment and materials for the
installation of the bollards, complete and in place, as shown and specv
fied on the plans and as directed by the Engineer.
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12. Electrical
A. Electrical work shall comply with the provisions of Section 307
of the SSPWC and the National Electric Code (1978 edition).
B. It shall be the responsibility of the contractor to provide the
following electrical work.
(1) Underground service between existing power pole and the meter
to be coordinated with San Diego Gas & Electric Company.
(2) The removal and relocation of the existing street light on
State Street.
(3) Provision of a new meter pedestal per local codes.
(4) Installation of underground conduit to serve parking lot lights
and irrigation controller, and wire as specified on the con-
struction plans.
C. The contract prices bid for electrical service, the light fixtures,
and the relocation of existing street lights shall include full com-
pensation for furnishing all labor, equipment and materials for each
of the three items, complete and in place, as shown and specified on
the plans, as specified in these Special Provisions and as directed
by the Engineer.
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DIVISION THREE - IRRIGATION SYSTEM
1. Requirement
Notify the Engineer in writing if unusual conditions are observed or
encountered which might affect the installation of the irrigation
systems, or if existing conditions are found to be different than
those indicated.
2. Standard Drawings
The Standard Drawings referred to herein shall be the Regional Stan-
dard Drawings, December, 1975. 1-1 to 1-28 series.
3. Submittals
A. Supply prior to final inspection, the following tools:
(1) Two wrenches for disassembling and adjusting each type of
sprinkler head supplied.
(2) All other tools specified in other sections of this specifi-
cation.
B. Supply prior to final inspection, the following operation and main-
tenance manuals:
(1) Furnish four individually bound copies of operation and main-
tenance manuals. These manuals shall describe the material
installed and shall be in sufficient detail to permit operat-
ing personnel to understand, operate and maintain all equip-
ment. Spare parts lists and related manufacturer identifica-
tion shall be included for each installed equipment item. Each
complete, bound manual shall contain the following information:
a. Index sheet stating contractor's address and telephone num-
ber, duration of guarantee period, and list of equipment
with names and addresses of local manufacturer representa-
tive.
b. Complete operating and maintenance instructions on all
major equipment.
4. Record and As-built Drawings
A. The contractor shall provide and keep up to date a complete as-built
record set of blue line ozalid prints which shall be corrected daily
and show every change from the original drawings and specifications
and the exact as-built locations, sizes and kinds of equipment.
Prints for this purpose may be obtained from the architect at cost.
This set of drawings shall be kept on the site and shall be used
only as a record set.
B. Before the date of the final inspection the contractor shall trans-
fer all information from the as-built prints to an ozalid sepia,
procured from the architect. All work shall be neat, in ink and
subject to the approval of the architect.
69
C. The contractor shall dimension from two permanent points of ref-
erence, building corners, sidewalks, or road intersections, etc.,
the location of the following items:
(1) Connection to existing water lines.
(2) Connection to existing electrical power.
(3) Gate valves.
(4) Routing of sprinkler pressure lines (dimension maximum 100
feet along routing).
(5) Sprinkler control valves.
(6) Routing of control wiring.
(7) Quick coupling valves.
(8) Other related equipment as directed by the architect.
D. On or before the date of the final inspection, the contractor
shall deliver the corrected and completed sepias to the City.
Delivery of the sepias will not relieve the contractor of the
responsibility of furnishing required information that may be
omitted from the prints.
5. Controller Charts
A. As-built drawings shall be approved by the Engineer before charts
are prepared.
B. Provide one controller chart for each controller which controls
the work under this contract.
C. The chart shall show the area controlled by the automatic con-
troller and shall be the maximum size controller door will allow.
D. The chart is to be a reduced drawing of the actual as-built sys-
tem. However, in the event the controller sequence is not legible
when the drawing is reduced, it shall be enlarged to a size that
will be readible when reduced.
E. Chart shall be blackline print and shall be colored with a different
color for each station.
F. The chart shall be mounted using Velcro, or an approved equal type
of tape.
G. When completed and approved, the chart shall be hermetically sealed
between two pieces of plastic, each piece being a minimum of 10 mils
thick.
H. These charts shall be completed and approved prior to final inspec-
tion of the irrigation system.
S. PVC Pressure Main Line Pipe and Fittings
A. Pressure main line piping for sizes 2 inches.and larger shall be
PVC Class 315.
B. Pipe shall be made from an MSF approved Type I, Grade I, PVC com-
pound conforming to ASTM resin specification D1784. All pipe must
meet requirements as set forth in Federal Specification PS-22-70,
with an appropriate standard dimension (S.D.R.). (Solvent-weld
Pipe).
C. Pressure main line piping for sizes 1-1/2 inches and smaller shall
be PVC Schedule 40 with solvent welded joints.
D. Pipe shall be made from NSF approved Type I, Grade I PVC compound
conforming to ASTM resin specification 1785. All pipe must meet
requirements as set forth in Federal Specification PS-21-70. (Sol-
vent-weld Pipe).
E. PVC solvent-weld fittings shall be Schedule 40, 1-2, II-I NSF ap-
proved conforming to ASTM test procedure D2466.
F. Solvent cement and primer for PVC solvent-weld pipe and fittings
shall be of type and installation methods prescribed by the manu-
facturer.
G. All PVC pipe must bear the following markings: Manufacturer's name;
nominal pipe size; schedule or class; pressure rating in PS I; NSF
(National Sanitation Foundation) approval; and date of extrusion.
H. All fittings shall bear the manufacturer's name or trademark, ma-
terial designation, size, applicable IPS schedule and NSF seal of
approval.
7. PVC Non-pressure Lateral Line Piping
A. Non-pressure buried lateral line piping shall be PVC class 200 with
solvent-weld joints.
B. Pipe shall be made from NSF approved, Type I, Grade II PVC compound
conforming to ASTM resin specification D1784. All pipe must meet
requirements set forth in Federal Specification PS-22-70 with an
appropriate standard dimension ratio.
C. Except as noted in paragraph G (Manufacturer's name and nominal pipe
size) above, all requirements for non-pressure lateral line pipe and
fittings shall be the same as for solvent-weld pressure main line
pipe and fittings as set forth in Sections 7A and 7B above.
8. Copper Pipe and Fittings
A. Copper pipe shall be Type L, hard tempered ASTM B88.
B. Copper fittings shall be solder joint type in accordance with ASA
B16 22.
7
C. Joints shall be soldered with silver solder, 45% silver, 15% copper,
16% zinc, 24% cadium, and solidus at 1125° F. and liquidus at 1145°
F., conforming to specifications ASTM B206-52T Bag-1 and Federal
QQB 00655.
9. Brass and Pipe Fittings
A. Brass pipe shall be 85% red brass pipe, American National Standard
Institute (ANSI) Schedule 40 screwed pipe.
B. Brass fittings shall be medium brass, screwed, 125 pound class.
10. Galvanized Pipe and Fittings
A. Pipe shall be galvanized steel pipe, American National Standard
Institute Scheduled 40 galvanized, mild steel, screwed pipe.
B. Fittings shall be medium galvanized, screwed beaded, malleable iron,
and/or #125 cast iron, flanged.
C. All unions two inches and smaller shall be fround jount pattern.
Unions larger than two inches shall be flanged unions, packed with
1/16 inch thick asbestos fiber gaskets.
D. Install no bushings, close nipples, long screws, bullhead tees or
crosses, unless otherwise specified.
11. Gate Valves
A. Gate valves 3 inches and smaller shall be 125 Ib. SWP bronze gate
valve with screw-in bonnet, nonrising stem and solid wedge disc.
B. Gate valves 3 inches and smaller shall have threaded ends and shall
be equipped with a bronze handwheel.
C. Gate valves 3 inches and smaller shall be similar to those manufac-
tured by Nibco or approved equal.
D. All gate valves shall be installed per installation detail.
12. Quick Coupling Valves
A. Quick coupling valves shall have a brass two-piece body designed
for working pressure of 150 PSI operable with quick coupler. Key
size and type shall be as shown on plans.
13. Backflow Prevention Units
A. Backflow prevention units shall be of size and type indicated on
the irrigation drawings. Install backflow prevention units in ac-
cordance with irrigation construction details.
B. Wye strainers at backflow prevention units shall have a bronzed
screwed body with 30 mesh monel screen and shall be similar to
Bailey #1008 or approved equal.
7
14. Check Valves
A. Swing check valves 2 inches and smaller shall be 200 pound W.O.G.
bronze construction with replaceable composition, neoprene or rub-
ber disc and shall meet or exceed Federal Specification WW-V-51d,
Class A, Type IV.
B. Anti-drain valves shall be of heavy duty virgin PVC construction
with F.I.P. thread inlet and outlet. Internal parts shall be
stainless steel and neoprene. Anti-drain valve shall be field
adjustable against drawout from 5 to 40 feet of head. Anti-drain
valve shall be similar to the Valcon "ADV" or approved equal.
15. Control Hiring
A. Connections between the automatic controllers and the electric con-
trol valves shall be made with direct burial copper wire AWG-U.F.
600 volt. Pilot wires shall be a different color wire for each
automatic controller. Common wores shall be white with a different
color stripe for each automatic controller. Install in accordance
with valve manufacturer's specifications and wire chart. In no case
shall wire size be less than #14.
B. Wiring shall occupy the same trench and shall be installed along
the same route as pressure supply or lateral lines wherever possible.
C. Where more than one wire is placed in a trench, the wiring shall be
^ taped together at intervals of 10 feet.
D. An expansion curl should be provided within 3 feet of each wire con-
nection and at least every 100 feet of wire length on runs more than
100 feet in length. Expansion curls shall be formed by wrapping at
least 5 turns of wire around a one inch in diameter pipe, then with-
drawing the pipe.
E. All splices shall be made with Scotch-Lok #3576 Connector Sealing
Packs, Pen-Tite wire connector, or approved equal. Use one splice
per connector sealing pack.
F. Field splices between the automatic controller and electrical con-
trol valves will not be allowed withour prior approval of the ar-
chitect.
16. Automatic Controllers
A. Automatic controllers shall be of size and type shown on the plans.
B. Final location of automatic controllers shall be approved by the
owner's authorized representative.
C. Unless otherwise noted on the plans, the 120 volt electrical power
to the automatic controller location to be furnished by others. The
final electrical hook-up shall be the responsibility of the irriga-
tion contractor.
73
17. Electric Control Valves
A. All electric control valves shall be the same manufacturer as the
automatic controllers.
B. All electric control valves shall have a manual flow adjustment.
C. Provide and install one control valve box for each electric con-
trol valve.
18. Control Valve Boxes
A. Use 9-inch by 24-inch round box for all gate valves, Brooks #9 or
approved equal.
B. Use 9-1/2-inch by 16-inch by 11-inch rectangular box for all elec-
trical control valves, Carson Industries 1419-12B or approved equal.
19. Sprinkler Heads
A. All sprinkler heads shall be of the same size, type and deliver the
same rate of precipitation with the diameter (or radius) of throw,
pressure, and discharge as shown on the plans and/or specified
in these Special Provisions.
B. Spray heads shall have a screw adjustment.
C. Riser units shall be fabricated in accordance with the details shown
on the plans.
D. Riser nipples for all sprinkler heads shall be the same size as the
riser opening in the sprinkler body.
E. All sprinkler heads of the same type shall be of the same manufac-
turer.
20. Water Supply
A. It shall be the responsibility of the contractor to install the
water service in the location as shown on the plans.
B. The cost of the water service shall be considered included in the
lump sum price paid for the irrigation system and no additional
payment will be made therefor.
21. Electrical Supply
A. Electrical connections for automatic controller shall be made to
electrical points of connection as indicated on the drawings.
B. Connections shall be made at approximate locations as shown on
drawings. Contractor is responsible for minor chanqes caused by
actual site conditions.
74
22. Trenching
A. Dig trenches and support pipe continuously on bottom of ditch.
Lay pipe to an even grade. Trenching excavation shall follow
layout indicated on drawings and as noted.
B. Provide minimum cover of 20 inches on all pressure supply lines.
C. Provide minimum cover of 18 inches for all control wires.
D. Provide minimum cover of 15 inches for all other nonpressure lines.
23. Backfilling
A. Initial backfill on all lines shall be of a fine granular material
with no foreign matter larger than 1/2 inch in size.
B. Backfill material shall be tamped under the pipe, uniformly on
both sides of the pipe, for the full width of the trench and to
the horizontal diameter of the full length of the pipe. Tamp in
4 inch layers. Materials shall be sufficiently damp to permit
thorough compaction under and on each side of pipe, to provide
support free of voids.
C. Backfill for trenching shall be compacted to dry density equal
to the adjacent grades without dips, sunken areas, humps or other
irregularities.
D. Under no circumstances shall truck wheels be used for compacting
soil.
24. Assemblies
A. Routing of sprinkler irrigation lines as indicated on the drawings
is diagrammatic. Install lines (and various assemblies) in such
a manner as to conform with the details per plans.
B. Install NO multiple assemblies on plastic lines. Provide each
assembly with its own outlet.
C. Install all assemblies specified herein in accordance with re-
spective detail. In absence of detail drawings or specifications
pertaining to specific items required to complete work, perform
such work in accordance with best standard practice with prior
approval of Architect.
D. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust
and moisture before installation. Installation and solvent weld-
ing methods shall be as recommended by the pipe and fitting manu-
facturer.
E. On PVC to metal connections, the Contractor shall work the metal
connections first. Teflon tape or approved equal shall be used
on all threaded PVC to PVC, and on all threaded PVC to metal joints.
Light wrench pressure is all that is required. Where threaded PVC
connections are required, use threaded PVC adapters into which the
pipe may be welded.
75
25. Line Clearance
A. All lines shall have a minimum clearance of 6 inches from each
other and from lines of other trades.
B. Parallel lines shall not be installed directly over one another.
26. Automatic Controller
A. Install as per manufacturer's instructions.
B. Remote control valves shall be connected to controller in numeri-
cal sequence as shown on the drawings
27. High Voltage Wiring for Automatic Controller
A. 120 volt power connection to the automatic controller shall be
provided by the irrigation contractor.
B. All electrical work shall conform to local codes, ordinances and
union authorities having jurisdiction.
28. Remote Control Valves
A. Install where shown on drawings and details. When grouped together,
allow at least 12 inches between valves.
B. Install each remote control valve in a separate valve box.
29. Flushing of System
A. After all new sprinkler pipe lines and risers are in place and con-
nected, all necessary diversion work has not been completed, and
prior to installation of sprinkler heads, the control valves shall
be opened and a full head of water used to flush out the system.
B. Sprinkler heads shall be installed only after flushing of the sys-
tem has been accomplished to the complete satisfaction of the ar-
chitect.
30. Sprinkler Heads
A. Install the sprinkler heads as designated on the drawings. Sprin-
kler heads to be installed in this work shall be equivalent in all
respects to those itemized.
B. Spacing of heads shall not exceed the maximum indicated on the draw-
ings. In no case shall the spacing exceed the maximum recommended
by the manufacturer.
31. Temporary Repairs
The City reserves the right to make temporary repairs as necessary to
keep the sprinkler system equipment in oeprating condition. The exer-
cise of this right by the City shall not relieve the Contractor of
76
his/her responsibilities under the terms of the guarantee as herein
specified.
32. Existing Trees
Where it is necessary to excavate adjacent to existing trees, the
Contractor shall use all possible care to avoid injury to trees and
tree roots. Excavation in areas where 2-inch and larger roots occur
shall be done by hand. All roots 2 inches and larger in diameter,
except directly in the path of pipe or conduit, shall be tunneled
under and shall be heavily wrapped with burlap to prevent scarring
or excessive drying. Where a ditching machine is run close to trees
having roots smaller than 2 inches in diameter the wall of the trench
adjacent to the tree shall be hand trimmed , making clean cuts through.
Roots one inch and larger in diameter shall be painted with two coats
of Tree Seal, or equal. Trenches adjacent to trees should be closed
within 24 hours; and where this is not possible, the side of the trench
adjacent to the tree shall be kept shaded with burlap or canvas.
33. Field Quality Control
A. Adjustment of the System
(1) The Contractor shall flush and adjust all sprinkler heads for
optimum performance and to prevent overspray onto walks, road-
ways, and buildings as much as possible.
(2) If it is determined that adjustments in the irrigation equip-
ment will provide proper and more adequate coverage, the Con-
tractor shall make such adjustments prior to planting. Ad-
justments may also include changes in nozzle sizes and degrees
of arc as required.
(3) Lowering raised sprinkler heads by the Contractor shall be ac-
complished within 10 days after notification by City.
(4) All sprinkler heads shall be set perpendicular to finished
grades unless otherwise designated on the plans.
B. Testing of Irrigation System
(1) The Contractor shall request the presence of the Architect
in writing at least 48 hours in advance of testing.
(2) Test all pressure lines under hydrostatic pressure of 150
pounds per square inch, and prove watertight. MOTE: Test-
ing of pressumre main lines shall occur prior to installation
of electric control valves.
(3) All piping under paved areas shall be tested under hydrostatic
pressure of 150 pounds per square inch, and prove watertight,
prior to paving.
(4) Sustain pressure in lines for not less than 2 hours. If leaks
develop, replace joints and repeat test until entire system is
proven watertight.
77
(5) All hydrostatic tests shall be made only in the presence of
the Architect, or other duly quthorized representative of the
City. No pipe shall be backfilled until it has been inspected,
tested and approved in writing.
(6) Furnish necessary force pump and all other test equipment.
(7) When the sprinkler irrigation system is complete, perform a
coverage test in the presence of the Architect, to determine
if the water coverage for planting areas is complete and ade-
quate. Furnish all materials and perform all work required
to correct any inadequacies of coverage due to deviations from
plans, or where the system has been willfully installed as in-
dicated on the drawings when it is obviously inadquate, with-
out bringing this to the attention of the Architect. This test
shall be accomplished before any groundcover is planted.
(8) Upon completion of each phase of work, entire system shall be
tested and adjusted to meet site requirements.
34. Maintenance
A. The entire sprinkler irrigation system shall be under full automatic
operation for a period of 7 days prior to any planting.
B. The Architect reserves the right to waive or shorten the operation
period.
35. Cleanup
Cleanup shall be made as each portion of work progresses. Refuse and
excess dirt shall be removed from the site; all walks and paving shall
be broomed or washed down; and any damage sustained on the work of
others shall be repaired to original conditions.
36. Final Inspection Prior to Acceptance
A. The Contractor shall operate each system in its entirety for the
Architect at time of final inspection. Any items deemed not ac-
ceptable by the Inspector shall be reworked to the complete satis-
faction of the Architect.
B. The Contractor shall show evidence to the Architect that the City
has received all accessories, charts, record drawings, and equip-
ment as required before final inspection can occur.
37. Guarantee
A. The guarantee for the sprinkler irrigation system shall be made in
accordance with the attached form. The general conditions and sup-
plementary conditions of these specifications shall be filed with the
City prior to acceptance of the irrigation system.
B. The guarantee form shall be retyped onto the Contractor's letterhead.
A copy of the guarantee form shall be included in the operations and
maintenance manual.
78
%»,,„
C. Guarantee Form
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the sprinkler irrigation system we have
furnished and installed is free from defects in materials and
workership, and the work has been completed in accordance with
the drawings and specifications, ordinary wear and tear and un-
usual abuse, or neglect, excepted. We agree to repair or re-
place any defects in material or workership which may develop
during the period of one year from date of acceptance and also
to repair or replace any damage resulting from the repairing or
replacing of such defects at no additional cost to the City. We
shall make such repairs or replacements within a reasonable time,
as determined by the City, after receipt of written notice. In
the event of our failure to make such repairs or replacements
within a reasonable time after receipt of written notice from the
City, we authorize the City to proceed to have said repairs or
replacements made at our expense and we will pay the costs and
charges therefore upon demand.
PROJECT
LOCATION
CONTRACTOR
BY
ADDRESS
PHONE
DATE OF ACCEPTANCE
38. Payment
The bid price paid for the irrigation system shall include full compen-
sation for furnishing all labor, materials, tools, equipment, and inci-
dentals and for doing all the work involved in installing the irrigation
system, complete and in place, as shown on the plans and as specified
in these Special Provisions and as directed by the Engineer.
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DIVISION FOUR - LANDSCAPE PLANTING
1. Scope of Work
This work shall consist of plant area prepration, weed control, the fur-
nishing and installation of all plant materials, the planting of ground-
cover, shrubs and trees, the furnishing and installation of all other
material, labor, tools and incidental required to satisfactorily complete
the landscape planting, as shown on the plans, as specified herein and
as directed by the Engineer.
2. Quality Assurance
A. Test Laboratory
(1) A soils analysis of existing on-site soil shall be required.
(2) A soils analysis of import soil and custom lightweight mix
shall be required prior to backfill.
(3) A fertility test of soil preparation areas, prepared backfill
mix areas, import soil and custom lightweight mix areas shall
be required after completion of platning to assure all speci-
fied amendments have been provided.
(4) The testing laboratory shall be one approved by the Architect
and tests shall be paid for by the City.
B. Samples of materials shall be submitted for inspection. Delivery
may begin upon approval of samples. Material samples shall include
fertilizers and soil conditioners, plants and any other materials
required by the Architect.
C. Certificates: The Contractor shall furnish a certificate of delivery
slip with each delivery of material in containers or in bulk. Cer-
tificate shall state source, quantity, or weight, type and analysis
and date of delivery. Deliver all certificates to the Architect.
D. No substitutions will be permitted without the approval of the Ar-
chitect. Rejected materials shall be removed from the site by the
Contractor.
3. Soil Materials
A. Import Soil
(1) Furnish all topsoil necessary to complete the required planting.
All topsoil shall be import: No on-site will be accepted. Silt
plus clay content of the import soil shall not exceed 15% by
weight with a minimum 95% passing the 2.0 millimeter seive. The
sodium absorption ratio (SAR) shall not exceed 6, and the elec-
trical conductivity (EC) of the saturation extract of this soil
shall not exceed 3.0 millimhos per centimeter at 25 Centigrade.
The boron content of this soil shall be no greater than one part
per million as measured on the saturation extract.
• 80,
(2) Samples of the import soil shall be submitted to the Architect
for analysis prior to backfilling. On receipt of a soils analy-
sis report, a bulletin to these specifications will be issued
if revision to the soil treatment is necessary.
(3) A soils analysis will be performed after backfilling.
B. Redwood shaving shall be standard quality impregnated with 1% nitro-
gen.
(1) Particle size, dry weight basis:
Percent Passing Seive Size
95-100 6.35 mm (1/4")
80-100 2.38 mm (No. 8,8 mesh)
0- 30 500 micron (No. 35,32 mesh)
(2) Organic content as determined by ash analysis:
Minimum 94% based-on dry weight.
(3) Chemistry
a. Minimum 0.8% nitrogen based on dry weight.
b. Minimum 0.8% dilute acid soluble iron based on dry weight..
c. Salinity shall not 'exceed 3.5 millimhos per centimeter as
, measured in the saturation extract.
. C. Peat moss shall be sphagnum peat moss, Canadian or European variety,
free from alkali.
D. Commerical fertilizers shall be 12-12-12, and 16-6-8 complete fer-
tilizers.
E. Soil sulphur shall be first quality commercial grade.
F. Ferrous iron sulphate shall be first quality commercial grade.
G. Agricultural gypsum shall be first quality commercial grade.
H. Root hormone shall be Super Thrive or Hormex or approved equal.
I. Calcium nitrate shall be first quality commercial grade.
4. Guying Materials
A. Guy wires shall be galvanized twisted clothesline wire, guage No. 9,
as approved. Submit sample.
B. Anchor (deadmen) for holding guys shall be 4-inch by 4-inch redwood
minimum thirty inches long with 2-inch by 4-inch by 18-inch long
redwood stakes. Submit sample.
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C. Hose for covering wires shall be 3/4 inch reinforced black rubber
garden hose. See detail.
1 D. Flags shall consist of white neoprerie hose, 3/8 inch diameter, 5
feet long.
E. Staking Materials
(1) Stakes shall be lodgepole pine, 2 inches in diameter by 10
feet long minimum actual dimensions, of uniform size and
pointed at one end. Stakes shall be pressure treated with
preservative colored green.
(2) Ties shall be 30-inch rubber tire tie as manufactured by
Gro-Straight, 1442 Mazada Drive, Walnut Creek, California.
5. Redwood Header Materials
A. Provide 2-inch by 4-inch rough, construction, heart redwood, free
from knots, splits, or holes. Minimum length shall be 16 feet.
B. Stakes: 2-inches by 4 inches by 18 inches long, construction,
heart redwood.
C. Scabs: 1 inch by 4 inches by 36 inches long, construction, heart
redwood.
D. Nails: Common, galvanized, 16d.
6. Plant Materials
A. Planting materials shall be furnished by the Landscape Contractor
in quantities and/or spacing as indicated or noted for each loca-
tion and shall be of species, types, sizes, etc., as symbolized
and described in the Plant List.
B. Plants shall be protected in transit and after delivery to the
project site. Plants in broken containers will not be accepted
and plants with broken branches or injured trunks will be rejected.
C. Trees are specified by container size and shall be first class
material equal to the size of similar material in local retail
nurseries.
D. All plant materials shall be healthy, vigorous, with a good root
system and shall be free from pests or disease. All plant materi-
als shall have been inspected and released by the County Agricul-
tural Inspector prior to delivery to the job.
E. All groundcover plants shall be well-rooted in flats or containers.
F. Plant material shall be inspected and approved by Architect prior
to their placement for planting. Materials not up to specifications
will be rejected. "L~
7. Performance
A. Soil Preparation
(1) All on-grade planting areas shall receive per 1,000 square
feet of area the following:
a. Six cubic yards of Nitrogen Stabilized Redwood Shavings.
b. Fifteen pounds of 12-12-12 commercial fertilizer.
c. Twenty pounds of soil sulphur.
d. 200 pounds of agricultural gypsum.
e. Broadcast uniformly and rototill into upper 4 to 6 inches
of soil.
f. On receipt of a soils analysis report an addenda to these
specifications will be issued if revision to the soil
treatment is necessary.
(2) On-grade prepared backfill mix:
a. Backfill mix for plant pits and raised planters in all on-
grade planting areas shall be of the following material per
ten cubic yards:
Import soil 6 cubic yards
Redwood shavings 4 cubic yards
12-12-12 commercial fertilizer 10 pounds
Iron sulfate 20 pounds
Agricultural gypsum 100 pounds
b. The above material should be uniformly blended prior to use.
Incorporate as specified under'"trees and shrubs planting"
herein.
c. On receipt of soils analysis report, a bulletin to these
specifications will be issued if revision to the soil treat-
ment is necessary.
8. General Planting
A. The Architect shall approve all planting areas prior to the installa-
tion of any materials. Placement of plant material's shalj be approved
before holes are dug. Stake plant locations and secure approval from
Architect before excavating pits, making necessary adjustments as di-
rected. .
B. Specimen trees shall be located, prior to installation of irrigation
system as directed by Architect.
C. All plant pits shall be excavated to a minimum of 2 times the diameter
and height of the rootball to permit handling. Excavate pits with
vertical sides for all plants. Plants shall not be planted in dry
soil. Soil shall be moist at least 18 inches deep.
83
D. All plants shall be planted immediately after containers are cut
and containers shall be regularly removed so as not to present a
hazard to those persons using the areas.
E. Set plants in center of pits, in a vertical position so that the
crown of the plant will bear the same relationship to the finish
grades that it did to soil surface in place of growth, allowing
for watering and settling of soil.
F. Backfill with prepared backfill mix. No soil in a muddy condition
shall be used for backfill. No filling shall be permitted around
the trunk of the plants.
G. Plants shall be watered as they are planted and basins shall be
built around each plant to retain water. Remove basins prior to
top dressing.
H. Grade areas around plants to finish grades and dispose of excess
soil.
I. Any plant material damaged in planting operation shall be replaced
at once.
J. Prune plants according to standard horticultural practice as di-
rected by Architect.
K. Upon completing all planting operations and again as a requirement
just prior tc final inspection, all soil between plants shall be
lightly cultivated, weeded and neatly raked.
9. Planting Trees
A. Prepare tree pits as specified above.
B. Allow top soil backfill to thoroughly water settle to the proper
level of planting.
C. Place the tree and backfill with prepared backfill mix as specified.
Thoroughly water settle.
D. Guy trees as detailed on the drawings.
E. Keep guy wires out of general pedestrian traffic areas whenever
possible.
F. All transplanted trees shall be set 2 inches above finish grades.
G. Apply Root Hormone to each tree as follows:
(1) Construct tree basins at rim or outer edges of tree ball so
that applied water will remain on the top of the ball.
(2) Apply root hormone at the rate as recommended by the manu-
facturer.
84,
(3) Tree balls shall be set before application of Root Hormone, and
shall be mulched in conformance with specifications immediately
after completion of Root Hormone and its irrigation into the
ball.
10. Planting Shrubs
A. Prepare shrub pits as specified under "General Planting".
B. Planting procedures and practices shall be the same as those indi-
cated under "Planting Trees".
11. Ground Cover Planting
A. Plant ground cover areas so designated on plans.
B. Finish grades shall meet approval of Architect prior to soil prepara-
tion.
C. Prepare ground cover areas as specified under "Soil Preparation".
D. Plant rooted cutting, pots, or flats at spacing indicated on plans.
E. Smooth soil about plants and leave areas in neat and clean condition.
Do not pile soil around crown of any plants.
F. Ground cover areas shall be mulched in conformance with specification
and watered with a light spray.
12. Mulching
A. All planting areas shall receive a prepared mulch spread evenly over
the surface to a depth of one inch. Prepared mulch shall consist of
equal parts of redwood shavings and peat moss, with 10 pounds of
calcium nitrate per 100 cubic feet of mulch, thoroughly mixed. Two
cubic feet of loose shaving is equal to one cubic foot of bailed
peat.
13. Fertilizing after Planting
A. All planting areas shall receive an application of 16-6-8 commercial
fertilizer at the rate of five pounds per 1,000 square feet 30 days
after planting.
B. Fertilizer application shall be repeated at 30-day intervals until
the end of maintenance period.
^
14. Maintenance
A. Continuously maintain all areas included under this section during
the progress of the work, the maintenance period, and until final
acceptance of this work.
B. If plantings are not acceptable at the completion of this work
maintenance shall be continued until all work meets specifications
and can be approved.
85
C. Maintenance shall include continuous operations of watering, weed-
ing, cultivation, fertilizing, spraying insect and pest control,
replacement and/or any other operations necessary to assure good
normal growth.
D. All planted areas shall be kept free of debris and shall be cul-
tivated and weeded at no more than 10-day intervals.
E. During installation period and during maintenance period, Con-
tractor rhall be responsible for maintaining adequate protection
of all areas. Any damaged plantings shall be repaired at the Con-
tractor's expense.
F. At termination of maintenance period all plant materials shall
be live, healthy, undamaged and free of infestations. Inferior
plantings shall be replaced and brought to a satisfactory condi-
tion before final acceptance of work will be made. All areas
shall be neatly raked and free of weeds.
G. Replacements: Immediately replace any and all plant materials
that die or are damaged. Replacements shall be made to same
specifications as required for original plantings.
H. Two inspections shall be made that affect the maintenance period.
The first after all plantings have been completely installed in
order to approve the beginning of the maintenance period of not
less than 60 calendar days, and the second at the end of the 60-
day maintenance period. If plantings are not acceptable at the
end of the 60-day period, due to defective maintenance, then
maintenance shall be continued by the Contractor until all work
meets with the specifications and can be approved. Written notice,
requesting inspections shall be submitted by the Contractor at
least 7 calendar days before anticipated date of inspection.
15. Inspections
A. All inspections herein specified shall be made by the Architect.
The Contractor shall request inspection at least 24 hours in ad-
vance of the time inspection is desired. Inspection is required
as follows:
(1) Prior and during import soil installation.
(2) When finish grading is completed.
(3) When fine grading is completed.
i
(4) When plant material has been delivered to the site.
(5) When plant material materials are spotted for planting but
before planting pits are excavated.
(6) After platning pits for trees and shrubs have been excavated
but prior to backfilling.
86
(7) After planting pits for trees and shrubs are prepared and
during backfilling.
(8) The Contractor shall be required to have a complete inspec-
tion and approval of all landscape construction items: At
the end of the landscape construction period. Notify Archi-
tect at least 7 days in advance of inspection.
(9) At the completion of the 60-day maintenance period, an in-
spection shall be required by the Contractor to obtain final
approval. Notify Architect at least 7 days in advance of
inspection.
16. Guarantee and Replacement
A. Submit a written warranty in approved form warrantying the work of
this division against any defective materials and workership in
compliance with the following terms agreeing to replace and de-
fective materials and/or workership at no additional cost to the
City.
(1) Trees shall be warranted for one year after maintenance period.
Replace trees that die within the warranty period or which are
hot healthy and vigorous at the end of the year.
(2) All trees, ground covers and other plant materials shall be
guaranteed to take root and grow within six months after final
acceptance of plantings when such plar.ts have received normal
care and maintenance.
(3) Any trees or other plant materials that die-back and lose the
form and size as originally specified shall be replaced even
though they have taken root and are growing after the die-back.
(4) The Contractor, when notified by the City, shall remove and
replace all guaranteed plant materials which, for any reason,
fail to meet requirements of guarantee. Replacement of materi-
al and plants shall be made to same specifications as required
for original planting and all replacements shall be guaranteed
as specified for original materials.
17. Cleanup
A. Upon completion of construction and before final acceptance, remove
rubbish, trash and debris resulting from operation. The site shall
be left in a neat and acceptable condition such as to meet approval
of the Architect.
18. Payment
A. Soil preparation and fine grading The contract price bid for soil
preparation and fine grading shall include full compensation for fur-
nishing all labor, materials, tools, equipment, and incidentals and
for doing all the work involved in completing the soil preparation
and fine grading as shown on the plans and as specified in these
Special Provisions and as directed by the Engineer.
87
B. Planting: The contract price bid for plants shall include full
compensation for furnishing all labor, materials, tools, equip-
nient and incidentals and for doing all the work involved in es-
tablishing healthy plants in the locations shown on the plans and
as specified in these Special Provisions and as directed by the
Engineer.
C. 60-Day Maintenance: The contract price bid for maintenance shall
include all labor, materials and equipment, including replacement
of diseased, infested or damaged plantings, for the entire 60-day
maintenance period as specified in these Special Provisions.