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HomeMy WebLinkAboutTB Penick & Sons Inc; 1982-08-23; 1094CITY OF CARLSBAD San Diego County Callfornia CONTRACT DOCUMENTS & SPECIFICATIONS for STREET SCAPE IMPROVEMENTS MADISON & ROOSEVELT^-SOLRES: BETWEEN ELM & GRAND AVENUES CONTRACT NO. 1094 DEVELOPMENTAL SERVICES D Assistant City Manager (714)438-5596 d Building Dapattmant (714)436-5525 K- Engineering Depa'tmsnt (714)438-5541 D Housing & Redevelopment Department 3096 Hording St. (714)438-5611 D Planning Departnisnt (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Cartebab June 30, 1982 ADDENDUM 0. I The opening bid date for Contract No. 1094 (STREETSCAPE) is changed to July 13, 1982 at 4:00 p.m. If you have further questions, please call me at (714) 438-5529. Pat Entezari Assistant Civil Engineer PE:eb CITY OF CARLSBAD ADDEND U M NO. II In Contract No. 1094 (STREETSCAPE) Specifications Page 8 Item 31 "in lieu of Item No. 5_. . . Change to Item No. 6. . ." Also, on Page 11 Item 17 "in lieu of Item Nos. 2 & 3. . . change to Item Nos. 3 & 4. . ." If you have any further questions, please call me at (714) 438-5509. , ROBERT JV'WOJCIK '' TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS . 1 PROPOSAL 4 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 14 BIDDER'S BOND TO ACCOMPANY PROPOSAL 25 DESIGNATION OF SUBCONTRACTORS 26 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 28 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 29 CONTRACT 30 LABOR AND MATERIALS BOND 33 PERFORMANCE BOND 35 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 37 SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 39 WEEKLY PAYROLL SUBMISSION AND REVIEW 41 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE 44 FEDERAL MINIMUM WAGES 46 NOTICE TO EMPLOYEES 56 FEDERAL LABOR STANDARDS PROVISIONS . 57 GENERAL PROVISIONS 70 SPECIAL PROVISIONS 80 Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 9th day of July , 19 82 at which time they will be opened and read for performing the work as follows: STREETSCAPE IMPROVEMENTS MADISON & ROOSEVELT STREETS BETWEEN ELM & GRAND AVENUES CONTRACT NO. 1094 Said work shall be performed in strict conformity with the specifi- cations therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to said specifications for full particulars and description of said work. No bid will be received unless it is made on a proposal form fur- nished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of bid; said guarantee to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid requirements. The bidders' security of the second and third lowest responsive bidders may be withheld until the contract has been fully executed. The cash, cashier's checks or certified checks submitted by all other unsuccessful bidders shall be returned to them within ten (10) days after the contract is awarded, and their bidders' bonds shall be of no further effect. The documents included within the sealed bids which require com- pletion 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 notarized signa- tures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the president or vice-president and secretary are required and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership, the notarized signature of at least one general partner is required. Page 2 All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. The estimated cost of the work is for Alternate 1 is $ 119,500. for Alternate 2 is $58,19^. No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the proposal. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors for the first set. Additional sets are available for a non-refundable fee of $17.50 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the State of California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1. Pursuant to Section to Section 1773.2 of said Labor Code, a current copy of applicable wage rates is on file in the Office of the City Clerk of the City of Carlsbad. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workers employed by him/her in the execution of the contract. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations with apprenticeships as re- quired on public works projects above thirty thousand dollars ($30,000) or twenty (20) working days or for specialty contractors not bidding for work through a general or prime contractor involving more than two thousand dollars ($2,000) or more than five (5) working days. The amount of bond to be given for the faithful performance of the contract for said work shall be one hundred percent(100%)of the contract price therefor, and an additional bond in the amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of the claims for any material or supplies furnished for the performance of the work contracted to be done by the contractor for any work or labor of any kind done thereon. Page 3 Partial and final payments on this contract shall be in accordance with Section 9 of the 1979 edition of "Standard Specifications for Public Works Construction". In all cases 10% retention of the amount due will be held. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. The Contractor may, at his/her option, substitute securities, as specified by Government Code Section 16340, for the retention held on this contract. At the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a state or federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest on the monies. Approved by the City Council of the City of Carlsbad, California, by Resolution No. (# CfQ (0 , adopted on the /sT*'* day of ue, 19 pj*_. . azuue^fAletha L. Rautenkranz, City Clerk 7 -Page 4 CITY OF CARLSBAD CONTRACT NO. ^.1094 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ; The undersigned declares he/she has carefully examined t IJ-IS. . *»e!' location 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 NOM JJ^-94 in accordance with the Plans and Specifications of the City of CafcsjiiSd, and the special erefore thfcTv following unit" provisions and that he/she will take in full payment process for each item complete, to wit: Item Article w/Unit Price or No. Lump Sum Written in Words 1. Clearing & Grubbing at ^4^ Approximate Quant ity & Unit Lump Sum / Cents 2, per lump sum 6" concrete curb & gutter including fine gjrade_complet in place _ Dollars TOTAL 603 L.F.4.00 Cents 3. per lineal foot 8" concrete curb & gutter including fine grade complete in place at, ^:Dollars , . ^ f'V*V - A - 477 L.F.20-00 Cents 4. per lineal foot 6" concrete curb including fine gradj» complete in place . Dollars Cents . 10 L.F. per lineal foot 5.Concrete cross spandrel at ^0 v_^Z4/-zJ V^feper sqWayn tdot im(a) No(s). cutter & 1,546 S.F. Dollars * ^"f Cents ^ *"* or. OZL &£ * v/ **^ has /have b is/are included in this proposal. Page 5 Item Article w/Unit Price or No. ••IBWHIWM 6-. Approximate Quantity & Uni 12. per 7. Concrete sidewalks complete in place including fine 2VJ grade at /H b>j*~C~' Dollars ' J.^JJJ^C^ ~_ Cents pet, squajre^f oort 8, Asphalt concrete at MDotlars Cents per ton. Aggregate base at9. per €jm 10. EJiecfer'lc service at ttf^^JL. Dollars Cents Dollars Cents per lum sum 11. Asphalt concrete overlay at per square foot Collars "Cents Join existing asphalt paving Dollars "Cents per square foot 13.' Seal coat existing paving at . per Dollars "Cents re foot 7 tons 14 tons Lump Sum 4 Tons S.F. 570 S.F. 4,334 S.Y. Unit /5V.OO <fc.ro TOTAL £70-00 720. 'f*:wm'^ Page 6 Item Article w/Unit Price or No. Lump Sum Written in Words 14. Curb inlet Type H, SDRS. complete in place at 16. 17. 18. 19. 20. Approximate Quantity & Unit 3 ea. Dollars Cents per each 15. Inlet structure^per STD. i, Type B-l * 2 each Cents per each Local depression per STD. > 1 each DSr-A at , Do 1 lar s Ce nt s per each 15" R.C.P. (1350 D) at per lineal foot 18" R.CP. (1350 D) at Dollars Cents per lineal foot Storm drain cleanout man- Sle wer STD D-10 at Dollars "Cents per each 206.5 L.F. 38.5 L.F. 1 each . __Cents per each Reconstruct existing storm 2 each Unit Price 70 TOTAL ££00.00 """to,. Page 7 ftem Article w/Unit Price or No. Lump Sum Written-in Words 21. 3" P.V.C. building drain at A J& * -f¥-i Approximate Quantity & Unit 37 L.F. ^ Dollars ~ Cents per linear foot 22. Concrete paver edging at 190 L.F, c/'O ** 14*0 Dollars "Cents ' per lineal foot 23. Precast concrete trash container ata -f . . Yt.o 12 each Dollars Cents per each 24. Soil preparations and fine grading at . /-/ , . //. Dollars ' ' Cents per lump sum 25. 24)! box trees at Dollars ' Cents per each 26. 42, box tree§3 at >Dol lars ' Cents per each 27. 1 gallon shrubs and perennials / . Dollars "Cents per each 6llars Cents per lump sum lump sum 10 each 24 each 405 each Lump Sum Unit Price 0 f.0'0 TOTAL ''/.f/0.00 4J0Q.OO b&D.OO Page 8 Item Article w/Unit Price or No. Lump Sum Written in Words . 29. 60-day maintenance at Approximate Quantity & Unit Lump Sum Unit Price TOTAL . o o Dollars Cents per lump sum system at Lump Sum ,>00.00 Dollars Ce nt s . per lump sum ALTERNATE 1 TOTAL (IN WORDS) TOTAL (IN FIGURES)7^7 3VA 2-2- ALTERNATE "A" 31, In lieu of Item No. 6 sub- stitute textured concrete for the interlocking pavers at 4652 S.F. & dollars cents per"squa/e /foot. THE LOW BID WILL BE BASED ON THE LOWEST OVERALL PROPOSAL USING THE ALTERNATES AS DETERMINED BY THE CITY COUNCIL PRIOR TO AWARD OF CONTRACT. Page 9 MID-BLOCK CROSSWALK AND MEDIAN V Item No. 1. 2. 3. 5. 6. 7. 8. 9. ALTERNATE BID ITEMS Approximate Article w/Unit Price or Quantity Lump Sura Written in Words & Unit Clearing & grubbing at Lump Sum * * / / ' Dollars '^^& *' * < & ^M- Cents 6" concrete curb at .519 L.F. s,3*'+3&' jf* l"'y^-£--7t-&- Dollars *^>l^£> Cents per linear foot ** ^/U? V-^Cents ' per square foot / /v^o. ^*Ce*ts 8" x Si'.A.C.P. drain at 188 L.F. b/l*t^</. Dollars /**'/_, gf'- sy\*sQ Cent s ' * * f per linear foot • 'Concrete paver edging at 360 L.F. v/^t-i/f Dollars *~~yi*~O Cents per linear foot Asphalt join existing 350 S.F. paving -nty cJ^n^—^ •' Dollars C— "?f^c? Cents per square foot 7A" concrete base at 1408 S.F. / / L^k-fJL^ t ' Dollars ' J^^^-^l "'-v-vAc^t-ejCcnts per squ<tz^e ^bot yiPreYafst bollards /.jit 4 each "ymp /il^'l'ltsiyuJy ujh o 1 1 a r B J, AflA ^^Pl^C) U Cents ' ~^ Unit Price IT. 022-0 * 7 ^ro< "• • Loo /.oo Mo -oo TOTAL . 00 \ 3S0.00 per each Page 10 ttera No. 10. 11. .-12. 13 • •14. 15. 16. 17 • Article w/Unit Price or Lump Sura Written in Words 24" diameter precast .P.1?"^ per each 51 diameter^ concrete lante Dollars "Cents per each Soil preparation and fine gradin^-atj Dollars ' Cents per lump sum 'Cents per each 1 Gallon shrubs and perenn^-a^s at Dollars """"Cent s per e£c$ T~ per lump sum / Cents per lump sum Cents per lump sum TOTAL (IN VPRDS) Approximate Quantity & Unit 8 each 8 each Lump Sura 20 each 24 each Lump Sum Lump Sum Unit Price 37100 / 30 ^0. Lump Sum TOTAL (IN FIGURES) £./ J TOTAL /0.406.00 •351)0.00 tSl.00 Page 11 Item Article w/Unit Price or Ko. Lump Sum Written in Words Approximate Quantity & Unit Unit Price TOTAL ALTERNATE "BllTjtl 17.In lieu of Item Nos. ^ & 4 substitute textured concrete for the interlocking pavers at / \vjtyns\j(~-e--~- Dollars JL*-A.A^£r Cents 5615 S.F.31 f» rrf.3.03 . *** per squar<f foot THE lOW BID WILL BE BASED ON THE LOWEST OVERALL PROPOSAL USING THE ALTERNATES AS DETERMINED BY THE CITY COUNCIL PRIOR TO AWARD OF CONTRACT. . . Page 12 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between v?ords and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the re- quired contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No. ' '""° n Identificat ion The undersigned bidder hereby represents as follows: 1. That no Councilraember , officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the •• papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. TV«te>£)Accompanying this proposal is _ __ ___ (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 13 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general pre- vailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. . 1\*\-2*fl'-*>Qi4L T. B. PEN1CK & SONS. INC. Phone Number Bidder's Name Date Authorized Signature Authorized SignatureTHOMAS. 1. PEHICK PRESIDENT Bidder's Address Type of Organization (individual, Corporation, xft Partnership) List below names of President, Secretary, Treasurer and Manager if a . , corporation, and names of all partners, if a partnership: \J (NOTARIAL ACKNOWI.EDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) ^\32^3^SS£S£32SJ^^S£3©;V3;'JS3^};^-'2S:-3::::> f- 19 61- before me, the undersigned Notary Public, personally appeared known to me to be the person(s) whose name(s) —tx3.— subscribed to the within instrument and acknowledged that ___^ad-jCL<i;.. executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c.vuiN, ixr'tMATiON t>A"i r, *^;o M.niNrss or NOIM*V Page 14 NOTICE OF REQUIREMENT F§R AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offerer's 6F 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 arid female participation, expressed in percentage terms for the' Contractor's aggregate workforce in each trade on all construction1 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) Frefn Apf; 1, 1978 until Mar. 31, 1979 .... 3.1 Frbin 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 ths Executive Order and the regulations in 41 CFR Part 60-4 shall be based oh its implementation of the Equal Oppor- tunity Clause, specific affirmative action Obligations required by the speci- fications set forth in 41 &FR 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 tradej ahd the contractor shall make a good faith effort , Page 15 *. to employ minorities and v;omen 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 work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract, resulting from this solicita- tion, the "covered area" is State of California, County of San Diego. ' , Page 16 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solici- tation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; ' c. "Employer indentification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons.having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcon- tinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identi- fication). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority Page 17 and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Home- town Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (inluding goals and timetables) shall be in accor- dance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has em- ployees. The overall good faith performance by other Contractors or Subcontract- ors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Con- tractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agree- ment, to refer either minorities or women shall excuse the Contractor's • Page 18 u obligations under these specifications, Executive Order 11246, or the regula- tions promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment oppor- tunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, in- timidation, and coercion at all sites, and in all facilities at which the Con- tractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on- site supervisory personnel are aware of 'and carry out the Contractor's obli- gation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. -Establish and maintain a current list of minority and female recruit- ment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organize- Page 19 » tions responses. • c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Con- tractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's E£0 policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards Page 20 'w' ' accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initi- ation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i Direct its recruitment efforts, both oral and v/ritten, to minority, female and community organizations, to schools with minority and female stu- dents and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifiactions to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. ' . Page 21 k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct,'at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and en- courage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assign- ments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these speci- fications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. .0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor- union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure " .. Page 22 that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflect- ed in the Contractor's minority and female workforce participation, makes a good faith effort to meet its indivdual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Con- tractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a seperate single goal for women have been established. The Contractor, however, is required to provide equal employ- ment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including sus- pension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its Page 23 implementing regulations, by the Office of Federal Contract Compliance Pro- ****" grams. Any Contractor v.'ho fails to carry out such sanctions and penalties***«#• shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all • employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours v/orked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the appli- cation of requirements for the hiring of local or other area residents (e.g., . Page 24 those under the Public Works Employment Act of 1977 and the Community DeveV opment Block Grant Program). Page 25 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, T. B. PZNICK & SCES, IMC. BEST ORIGINAL , as Principal, and LUMBERMEN3 MUTUAL CASUALTY COMPANY as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of JE[{ PER'"F.*i.T T.v A^OliiiT OF C^ : Dollars ($ 10y OF.r';l ) » lawful money of the United States for the pay- ment of which sura 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 Madison & Roosevelt Streets.between Elm & Grand Avenues - Contract No.'1094, 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 tv?enty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this ,obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 19 Corporate Seal (If Corporation) JT. B. PLi'liCi'v & SC.^, INC. "Principal LUMBERMENS^I^TUAL CASUALTY COMPANY . TU01.1A£> L.'PEMICK .Title AVIOUNILY ii< i-'.vcl (Attach acknouledgemcnt of Attorney in Fact) (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must he attached.) y^y)the undersigned Notary Public, personally appeared known to me to be the person(s) whose name(s) A? subscribed to the within instrument and acknowledged that A£-- executed the same for the purposes therein contained. IN WITNESS/THEREOF, I hereunto set my hand and official sea!. • (•MATUMC. JUKICDICTION. EXPIRATION DATE AND ADDRESS OF NOTARY PUBLIC »C8 STATE OF CALIFORNIA } •COUNTY OF SAN DIEGO f631 . I . • BEVERLY A: PANGRAZZI ,,t, — ~~..~~.............................j B f\ctery Fob!«: in' and raid, do hereby certify thaL.........ELDEN..B/...Y.EC_K__>^i^_^^ ATTORNEY—.. •UMaEri£..jwIi^^ who is peraontily knovra to me, appeared before mo thw day and acknov/Mrred! tb^t h^^qfq^ieiiiki w»d delivered tho forejioing inttrument.M hi« freu and voluntary ret B-X, ^I'M'^' ^ i-^tTT'. °ftl»eJllMaEJ&lE.^ and l« tho free and voluntary tct of the. LUti3JEJMEJi!.MJ^ . .... . — f for tSe ii»c« »nd purpoeos therein ««t forth. Uven uadar my hind and NotarieJ Seal tliU....!.V.LlJr .day of. JULY3 , A. D. I9....5JL My commistion NOTARIAL JURAT FK230 7-73 DM -1. C. ! 'tT IN IX in U.IUL BEST ORIGINAL ORIGINAL f—1^UlUA^ASUALIY COMPANY' >' Home Office: Long Grove, IL 600-19 POWER OF ATTORNEY Know All Men By These Presents: ' . ." That ihe Lumbermens Mutual Casualty Company, a corporation organized and existing under the laws of the Stale of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoinl *•• •*••• Smith; Eldeh B.. Yeck; all of San Diego, California (EACH)********************** its true and lawful agent(s) and atiorney{s)-in-facl, Id make, execute, seal, and deliver during the period begin- ning wiih ihe dale of issuance of this power and ending December 31, 1932, unless sooner revoked for and 'on its behalf as surely, and as iis act and deed:g an<J. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into Ivvo or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. . This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the s^id Lumbermens Mutual Casualty Company as fully and amply to ail intents 'and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at iis principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS Of DECEMBER 31,1982 • This Power of Attorney is executed by aulhority of a resolution adopted by the Board of Directors of said Lum- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois; a true arid accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secrelary or Assistant Secretary as bains in full force and effect:, , ; • • ' ' . ' VOHD. That the President or .m> Vice President or Secrelary or any Assistant Secretary shall have powtr arid aujhorify lu appoint agents and attorneys in lad. and io ujlhorije Ihem to execute on behalf of Ins company, and alldch ihe seal of the company thereto, bonds and undertaking, recognisances, contracts ol indemnity and other writings obligatory in the nature thereof, and any such oldcer ol ihe company may appoinl agents tor acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by auihority of the following re- solution adopted by ihe Board of Directors of the company at a meeting duly called end heid on the 20th day of May, 1975: . ; : r 'VOHD. Thai ihe signature ol ihe ('resident, anv "Vice President. Secrelary or AssisJanl Secretary, and Ihe Seal of Ihe Com- pany, and Ihe cerliliialion by any Secretary or Assistant Secretary, may be.'affixed by facsimile on any power of attorney fKeiuted pursuant to resolution adopted by ihe Board of Directors on Ntey 10, 1965, and any such power so executed.. • sealed <md certified with respect to any bond or similar undertaking lo which il is attached, shall continue to be valid and binding upun the Company." In Testimony Whereof, the Lumbermens Mutual Casually Company has caused this instrument to be signed and its corporate seal to ba allixed by its authorized officers, this__2.t& day of ClGtobsjC Attested and Certified:LUMBERMEN* MUTUAL CASUALTY COMPANY K H fl.t.y Qt ft KaOHihm. Vltc Ffi>>iUcttl STATE Or ILLINOIS \ { COUNTY Of LAKE J ' ' , , I. Maritu L. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and U.H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lurr.bormens Mu- tual Casually Company, a Corporation of Ihe Stale of Illinois, subscribed to the foregoing instrument. ,\o before me this day in person and severally acknowledged lhat they being thereunto duly authorized sealed with the corporate seal and delivered Ihe said instrument as the free and voluntary act oi said ccrpora* lion and as their own free and voluntary act lor the uses and purposes therein set forth. UbKliHCATION I, Sven L. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify thai Ihe attached Power ol AMomt'y J.i»ed October 7, 1980 nnhphalfnf Same as _above.•••••••*•**» ._ is a true and correct copy and that the same hji beef) in lull lortv and effect since Ihe dale ihereol and is in full force and effect on the dale of this u'Miiu.iii'; and I do lurtht-r certify th.it Ihe slid C.M. Kasbohm and K.H. Johnson who i'xe<uli-d Ihi1 )Power ol Aiiorney as Vice President and Secretary respectively were on the dale of the execution ol the at- tached Power of Attorney .-the duly elected Vice President and Secretary of Ihe Lumbermens Mutual Casually Company. • . IN TESTIMONY WHEREOF. I have hereunto subscribed my name arid affixed the corporate seal of Ihe Lumber- men* Mutual Casually Company on ihis 13TH day of yiLLY ..__, V-» 8^ S? *#7/2c-zzz&ttJ ^CD^^. "» .• ' Sven t Joiunxm. This Power of Attorney limits Ihe acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind Ihe Company except in Ihe manner and to Ihe extent herein slated. Page 26 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of .the City of Carlsbad. The following infor- mation is required for each subcontractor. Additional pages can be attached, if required: Full Complete Items of Company . Address Phone No. Work Name w/Zip Code w/Area Code~~A' '. • ' gf/l-/3 Sim Page 27 DESIGNATION OF SUBCONTRACTORS - continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Type of State Carlsbad Amount Contracting Business " of Full Company Name • . License & No. License No.* Bid ($ or %) Sim T. iWfUS. C-o . QfoGTL-A ^Licenses are renev.'able annually by January 1st. If no valid license indicate "NONE". Valid license roust be obtained prior to submission of signed contracts. I. B. PENICK & SONS. INC. _ Bidder's Company Name (Notarize or Corporate Seal) OflxK^g o/W j I' O 'Yv o/W Jj I Bidder ' u Complete A'ddress ^*^- /S->"^-(^^Author \ /,c:d S ).{'nature L. PEJIICi: M'.KSIDENT Page 28 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a. notarized or sealed statement of his/her financial responsibility. Signature (Notarize or Corporate Seal) RcharS W Macnes. CPA Robert W Bautfvnan. CPA MACHES AND BAUGHMAN accountancy corporation certified public accountants American Institute Crl Certified Public Accountants California Society ot Certified Public Accountants Western Association ot Accounting Firms Board of Directors and Stockholders T. B. Penick and Sons, Inc. San Diego, California We have examined the balance sheet of T. B. Penick and Sons , Inc., as of June 30, 1981 and 1980, and the related statements of earnings and retained earnings and changes in financial position for the years then ended. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the aforementioned financial statements present fairly the financial position of T. B. Penick and Sons, Inc., as of June 30, 1981 and 1980, and the results of its operations and changes in financial position for the ^ears then ended, in conformity with generally accepted accounting principles applied on a consistent basis. ftie financial statements referred to in the foregoing paragraph are set forth on pages 1 to 7, inclusive, of this report. Our examination was made primarily for the purpose of expressing an opinion on these basic financial statements, taken as a whole. The data included in this report on pages 8 to 10, although not considered necessary for a fair presentation of financial position, results of operations and changes in financial position, is presented primarily for supplemental analysis purposes. This supplementary information has been subjected to the audit procedures applied in the examination of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. k. MACHES and BAOGBMBN Accountancy Corporation <-^ Charles J. (Coradino, CPA July 27, 1981 2667 Camino del Rio South. Suite 311 • San Diego. California 92108 • (714) 291-7150. T. B. PENICK AND SCNS, INC. BALANCE SHEET ASSETS June 30, 1981 1980 Hit,IKS' 111,0, CURRENT ASSETS Cash in bank Cash in bank—Certificate of Deposit Accounts receivable—trade Retentions receivable—trade Accrued interest receivable Employee and stockholder receivables Prepaid income taxes Deposits and other assets Work in progress Total current assets PROPERTY, PLANT, AND EQUIPMENT Transportation equipment Construction equipment Office furniture and equipment Less accumulated depreciation 22,999 150,000 480,431 124,944 600 13,412 20,220 2,950 1.393, 816.947 198,869 233,800 84.297 516,966 269.675 247.291 172,891 50,000 387,795 99,197 16,494 9,082 22,473 4,105 113.265 875.302 197,058 238,040 22.675 457,773 231.579 226*194 OTHER ASSETS Cash surrender value—officers life insurance Notes receivable—officers 19,933 400.000 419.933 $1,484,171 11,280 400.000 411.28ft $1,512,776 See notes to financial statements. T. B. EENICK AND SCNS, INC. BALANCE LIABILITIES AND STOCKHOLDERS' EQUITY June 30, CURRENT LIABILITIES Accounts payable Retentions payable Accrued expenses Income taxes payable Profit-sharing contribution payable Current maturities of long-term debt Total current liabilities *£N3-TERM DEBT Notes payable to stockholders and • former stockholders Note payable—Bank (less current maturities) DEFERRED GAIN CN SALE CF REAL PROPERTY STOCKHOLDERS' Common stock; $10 par value 20,000 shares authorized/ 4,500 shares issued and outstanding Additional paid-in capital Retained earnings 1981 327.274 $1,484,171 I960 $141,494 - 46,261 " 61,814- 70,000- 39 .285 , 358.854 $ 243,046 53,007 . 85,634 68,688 14.100 464.475 117,621- 61 .972 - 179 .593 117,621 24.275 141.896 327.274 45, 000 ' 22,543' 550 .907 ' 618.450 45,000 22,543 511.588 579 .131 $1,512,776 MACHES AND BAUGHMANaccountancy corpoaiion cfiit*o cutte acco>mianis T. B. PENICK AND SCNS, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 1981 AND JUNE 30, 1980 1. SOMMHGf OF SIGNIFICANT ACCOONTIN3 POLICIES Revenues on the contracts are recorded on the percentage of completion method, measured by the units of work performed per the terms of the individual contracts. Direct costs include all direct material, labor, subcontracts, and all other costs related to contract performance. Work-in-progress represents those costs incurred for which there have beenno billings. The statement of earnings and supplemental schedules for 1980 have beenrestated to conform to current year classification. Property and equipment are stated at cost. Depreciation is computed by the straight-line and declining balance methods over the estimated useful lives of the assets which range from two to ten years. Depreciation charged to operations for the years ended June 30, 1981 and 1980, is $72,319 and $82,488, respectively. The Corporation follows the policy of direct write-off when an account is ' determined to be uncollectible. Based upon past experience and subsequent collections, it is management's opinion that all accounts are collectible. Income taxes have been provided for based upon the effective federal income tax rates and the statutory rate for California franchise tax. Income tax credits are accounted for by the flow-through method which recognizes the credits as reductions of income tax expense in the year utilized. 2. NOTES RECEIVABLE—STOCKHOLDERS June 30. 1981 1980 11-3/2% note secured by deed of trust on real property, interest payable quarterly;principal and interest payable in monthly installments of $495 beginning in April 1990; principal of approximately $42,383 plus accrued interest all due and payable in April 2005. § 50rQOO $ ^^ 12-1/2% note secured by deed of trust on real property, interest payable quarterly; principal and interest payable in monthly installments of $3,735 beginning in April 1990; principal of approximately $303,045 plus accrued interest all due and payable in April 2005. 350.000 350.000 $400,000 $400,000 MACHES AND BAUGHMAN accoumancy ccxpcxaion T. B. PENICK AND SCNS, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 1981 AND JUNE 30, 1980 2. NOTES RECEIVABLE—STOCKHOLDERS (continued) The notes are due front Thomas L. Penick and Wayne R. Myers who executed the notes as tenants in common in the same ratio as their stock ownership, approximately 59% and 41%, respectively. The notes result from the sale of all the land and buildings of the Company to the stockholders in 1980. NOTES PAYABLE—'STOCKHOLDERS AND FORMER STOCKHOLDERS A combined total of four unsecured con- tracts payable to the estate of Lloyd T. Penick, with annual interest payments atrates varying from 3-1/2% to 7-1/2%. Principal payments are deferred until such time as the estate is closed (less deferred interest of $1,525). 6% unsecured notes, interest payable annually, principal and accrued interest all due and payable on July 29, 1984: Thomas L. Penick Wayne R. Myers 6% unsecured note payable to the Estate of Lloyd T. Penick, interest payable annually, principal and accrued interest all due and payable on March 16, 1987. 6% unsecured note, interest payable annually, principal and accrued interest all due and payable on June 30, 1983. Thomas L. Penick Wayne R. Myers NOTE PAYABLE—BANK Unsecured, principal payable in monthly installments of $1,175, plus interest at 1% above the bank's prime rate. At June 30, 1981 and June 30, 1980, the interest rates being charged on the note was 21% and 13%, respectively. June 30. 1980 $ 19,367 22,107 22,247 $ 19,367 22,107 22,247 50,000 3,500 400 $117,621 50,000 3,500 400 $117,621 June 30. 19.B1 1980 $25,450 $38,375 MACHES AND BAUGHMAN accountancy eowaion T. B. PENICK AND SCNS, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 1981 AND JUNE 30, 1980 4. NOTE PAYABLE—BANK (continued) Secured by vehicle, payable in monthly installments of $593 including interest at 15.5% per annum. Unsecured, principal payment in monthly installments of $1,574 including interest at 18% per annum. Less current maturities PROFIT-SHARING PLAN $ 14,648 61. 101,257 38.285 $ .61,972 38,375 14.100 $24,275 T. B. Penick and Sons, Inc., has a noncontributory, trusteed profit-sharing plan. The plan covers substantially all full-time, nonunion employees who have over twelve months of continuous service with the Company. The contribution is determined annually at the discretion of the Board of Directors, based upon a percentage of participants' compensation. Contributions charged to operations for the years ended June 30, 1981 and June 30, 1980, were $70,000 and $68,688, respectively. LEASE OBLIGATION The Company is leasing its business facilities from the two stockholders. The terms of the lease call for all utilities, repairs and maintenance, and insurance to be paid by the stockholder/lessors. The term of this operating lease is 10 years with 3 five-year renewal options. The annual rent is subject to triennial cost of living increases with an 8% maximum increase per year. The minimum annual rental commitments are as follows: For the Yearfsi Endej June 30. 1981 $ 45,600 1982 45,600 1983 45,600 1984 - 1988 228,000 1989 and thereafter 45,600 MACHES AND BAUGHMAN t, !' T. B. PENICK AND SONS, INC. NOTES TO FINANCIAL STATEMENTS JDNE 30, 1981 AND JUNE 30, 1980 7. RELATED PARTY TRANSACTIONS Thonas L. Penick and Wayne R. Myers are the sole stockholders of T. B. Penick and Sons, Inc. The ownership is approximately 59% and 41%, respectively. During the fiscal year ended June 30, 1980, all the land and buildings of the Company (a portion of which is leased to third parties) were sold to the stockholders for total consideration of $537,000. This was paid with a promissory note from the stockholders of the Company in the amount of $400,000 and assumption by the stockholders of a note payable to California First Bank in the amount of $137,000. Since no cash was exchanged, the profit on the sale of $327,274 will be deferred until such time as sufficient principal is received to warrant profit recognition under generally accepted accounting principles. Additionally, the portion of the property sold that the Company uses as its business facilities was leased back to the Company. MACHES AND BAUGHMAN accounaicy ceypocaion Page 29 BIDDER'S STATEMENT OF TECHNICAL ABILITY AMD EXPERIENCE The Bidder is required to state v;hat work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can.he used if notarized or sealed. Date Name and Phone No. Contract Name and address of Person ' Amount of Completed of the Employer to Contact Type of Work Contract & /<? i t/Xl 6~/?£ (?iT~'- r T D/Ps o C^TYOF A/ATL&CJ ££, QMttA ^ST^; 0/:/:£/r£r3^/'*1/:%t ^. PUBLIC. A/^c•A Ai/£ . 3.€/) HiieJ-tiPd* M,&o<~ u?'x fOc) ' — * tj*) f $'1)f) ' (Notarize or ' Corporate Seal) Signature Page 30 CONTRACT THIS AGREEMENT, made and entered into this 2~$ day of /f^ < /-ixg-v 19 &£,, by and between the City of Carlsbad, California, hereinafter designated as "CITY", party of the first part, and ~J~. /B • hereinafter designated as "CONTRACTOR", party of the second part. WITNESSETH: The parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Contractor agrees with the City to furnish all materials and labor for: Streetscape improvements Madison and Roosevelt Streets between Elm and Grand Avenues . and to perform and complete in a good skillful manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by City) , and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unfore- seen difficulties which may arise or be encountered in the prose- cution 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 of discon- tinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully com- pleting the work and the whole thereof, in the manner shown and de- scribed 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 Contractor 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 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. Page 31 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and speci- fications, 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 execute the con- tract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howso- ever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of respon- sibility for negligence. 7. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by the 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 Con- tractor has no workers' compensation insurance policy covering the subject matter of this contract, then Contractor 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 descrip- tion which would otherwise be covered by such workers' compen- sation 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' compensation 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 may be settled by arbitration in accordance with the construction industry rules of Page 32 the American Arbitration Association and judgement 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. 11. The prime contractor shall maintain and make available to the City of Carlsbad, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the contractor does not maintain the records at his/her principal place of business as specified below, he/she shall so inform the City of Carlsbad by certified letter accompanying the return of this con- tract. The contractor shall notify the City by certified mail of any change of address of such records. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) T. B. PENICK & SONS, INC. Contractor (Seal) VICE PRESIDENT & TREASURER Title By Title _OEa Contractor s Principal Place ' SCITY/y/1/foLSB/D, g^UTFO / /V By Asl&St6nt/alt/3r Attorney Mayo1 ATTEST: City Clerk On this the /£> _ day of (^Lu.&u^- 19 ffi, before Tne, the undersigned Notary Public, personally appeared known to me to be the person(s) whose name(s)subscribed OFFICIAL SEAL JANET L. SANDSTROM NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN D'EO<~> rOUNTY My Commission Expires April 19, 1985 to the within instrument and acknowledged that tf"£ _ executed the same^efJhe pyxppses therein contained. IN WITNESS W/fEREpHhereunto set my hand and official seal. SIGNATURE, JURISDICTION, EXPIRATION DATE AND ADDRESS OF NOTARY PUBLIC Page 33 #2ST 343-834 PREMIUM: INCLUDED LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of Cali- fornia, by Resolution No. o^j & $ _ adopted ,_has awarded to T R PFNTTK ft SONS, TNH._ _ hereinafter designated as the "Principal , a c o n t r a c t for : Streetscape Improvements Madison and Roosevelt Streets Between Elm and Grand Avenue in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said con- tract 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 subcontracts shall fail to pay for any materials, provisions, provender or other supplies or teans 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, T. B. PENICK & SONS. INC. , as Principal, hereinafter designated as the "Contractor", and LUMBERMENS MUTUAL CASUALTY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINETY THOUSAND SEVEN HUNDRED NINETY SEVEN AND 31/100 Dollars ($ 90.797.31 ) said sum being one hundred per cent. (100%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourseves, 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 4202 of the Government Code of the State of California. Page 34 This bond shall inure to the benefit of any and all persons, com- panies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. f IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 27THday of AUGUST ,19 82 • (Notarize or Corporate Seal for each Signer) T. B. PENICK & SONS, INC. WAYNE R. IICE PRESIDES! & TREASURER Contractor FRANCIS E. SMITH, ATTORNEY IN FACT Surety STATE'OF CALIFORNIA •» COUNTY OF SAN DIEGO J-« i ~.... mm. Y. JL..PAJOAZZI. said, do hereby certify that Notary Pnblk in and for the rtate and county afore-ATTORNEY flTFACT ^^ ofth, IlOiMNL who is personally known to me, appeared before me this day and acknowledged that he signed, sealed and delivered the foregoing instrument as his free and voluntary act as... and as the free and voluntary act of the. illMB£M£J^..MTJJAL.j:A^UAJJl_QOM.PMY. ~~...M.. ., for the uses and purposes therein set forth. Given under my hand and Notarial Seal thk.....^ti... day of...^UGUS^ , ^ D- |9 82 My commission NOTAIIIAL JURAT FK 230 7-73 5M PHINCIPAL 0, f • !N SAN DIEGO CCJNTY i Exp. Oct. 28. 1985 HUNIBD INU.CJL wwwww.v LUMBERMEN MUTUAL CASUALTY COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: . That the' Lumbermen* Mutual Casualty Company, a corporation organized and,existing under the laws of the Stale of Illinois, and having its principal office In Long Grove, Illinois, does hereby appoint ••*••**•••••••••• Francis E. Smith; Elden B. Yeck; all of San Diego, California (EACH)********************** us true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ningwith the dale of issuance of this power and ending December 31, 1982, unless sooner revoked tor and on its behalf as surety, and as its act and deed: ^undertakings.************** EXCEPTION. NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees Ihe payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit Ihe same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lumbermens Mutual Casually Company as fully and amply to all intents and purposes, as if Ihe same had been duly executed and acknowledged by iis regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: VOTED. Thai Ihe President or jn> Vice President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in tact, and lo authorize them lo execute on behalf of Ihe company, and attach Ihe seal ol the company thereto, bonds and undertakings, recognisances, contracts ol indemnity and other writings obligatory in Ihe nature thereof, and any such officer ol Ihe company may appoint agents lor acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: .: • . i .- |; VOTED. That Ihe signature ol Ihe Presidenl, any'Vice Presidenl, Secretary or Assistant Secretary, and Ihe Seal of Ihe Com- pany, and Ihe certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant lo resolution adopted by the Board ol Director;, on May 10. 1965. and any such power so executed, sealed and certified with respecl lo any bond or similar undertaking lo which il is attached, shall continue IO be valid and binding upon the Company." • :l In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be ailixed by its authorized officers, thU 7th day of Qptobep ; 19JL2_. Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY A^LL By K H lohnson. Secretary ; G. H. Ka«bohm. Vice Hrewdenl STATE OF ILLINOIS! COUNTY OF LAKE / ;I. Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally known to me to be the same persons whose names are respectively as Vice Presidenl and Secretary of the Lumbermens Mu- tual Casually Company, a Corporation of Ihe State of Illinois, subscribed Ip Ihe foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered'the said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act tor the uses and purposes therein set forth. My commission expires: February 16, 1984 f. I Alt*) 7 Ml IM E/Andmon. No»*ry Public pt?iNTrr» IM M c * CERTIFICATION I, Svenr L. Johahson, Secretary of the Lumbermens Mutual Casually Company, do hereby certify that the attached Power of Attorney dated October 7, 1980 on h»halfnf Same as above.************* is a true and correct copy and that the same has been in full force and effect since the dale thereof and is in full force and effect on the dale of ihis certificate; ,ind I do further certify that the said C.H. Kasbohm and R.H. Johnson1 who executed the Power of Attorney as Vice President and Secretary respectively were on the dale of the execution of the at* tached Po«ver of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casually Company. . IN TESTIMONY WHEREOF, I have hereun^^bscribed my name and affixed the corporate seal of the Lumber- mens Mutual Casualty Company on this £/Tn Sven L. Johanwjn. Secretaryven . oanwjn. ecreary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Page 35 #2ST 343-834 PREMIUM: $926.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of Cali- fornia, by Resolution No. 6 ^&> S adopted fljist^ ^S ~f~/& > has awarded to T. B. PENICK & SONS. INC. _ hereinafter designated as the "Principal", a contract for: Streetscape Improvements Madison and Roosevelt Streets Between Elm and Grand Avenues in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said con- tract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, T" B' PENICK A SONS, INC. as Principal, hereinafter designated as the "Contractor", and _ LUMBERMENS MUTUAL CASUALTY COMPANY as Surety, are held and firmly bound unto the City of Carlsbad, in the sum ofONE HUNDRED EIGHTY ONE THOUSAND FIVE HUNDRED NINETY fgUBaA&ID 62/100 (? 181,594.62 )» said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 36 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it. does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the Z7TH day of AUGUST 1982 m T. B. PENICK & SONS, INC. by (Notarize or Corporate Seal for Each Signer) WAYNE R. 3[ICE PRESIDENT & TREASURER Contractor ANCIS E. SMITH, ATTORNEY IN FACT Surety STATE OF CALIFORNIA , COUNTY OF ^"N DIEGO tmt I :, L,B^ER.VY-At, PANGRAZZI .. NO^ pj,^ „ aod for the rtnte MM! •aid. do hereby certify that. EBANCIS-E.^SMim ATTQRNE¥^i;t|..EflCT.... who is personally known to me, appeared before me thia day and aeloiowledjEad and delivered the foregoing instrument a* bk free and voluntary act «f-. ^MlP of the JJUMBEBMENS MUTUAL CASUALTY and a. thehee andvoluntaiy act of the. ____________ JJJMB£BM£MS.]HUT|JAL- ' afore- -of the Giv« under .....^.....^ for the 'ueee and purpoaw eet fortn.' A.D. I OFFICIAL SEAL Beverly A. Pangn My commieiion NOTAMUL JUNAT FK230 7-73 BM SAN DEGO COUNTY My Commission Exp. Oct. 28. 1985 INUAA. LUMBERMENS MUTUAL CASUALTY COMPANY Home Office. Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the' Lumbermen* Mutual Casualty Company, a corporation organized and. existing under the laws of (he Slate of Illinois, and having its principal office In Long Grove, Illinois, does hereby appoint *••«••••«•••••••• Francis E. Smith; Elden B. Yeck; all of San Diego, California us true and lawful agenl(s) and attorney(s)-in-facl, to make, execute, seai, and deliver during the period begin- ningwith the dale of issuance of this power and ending December 31, 1982, unless sooner revoked tor and on its behalf as surety, and as its act and deed:aJJ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall bk as binding upon the said Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by ils regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1982 . This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum- bermens Mutual Casually Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: VOTED. That the President or jn\ Vice President or Secretary or any Assistant Secretary shall have power and authority 'to appoint agents and attorneys in tact, and lo authorize them lo execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognisances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer ol the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: . ' • 'VOTED. That the signature ol the President, any'Vice President, Secretary or Assistant Secretary, and the Seal of Ihe Com- pany, and Ihe certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant lo resolution adopted by Ihe Board of Directors on May 18. 1965, and any such power <*> executed, sealed and certified with respect lo any bond or similar undertaking to which il is attached, shall continue to be valid and binding upon the Company." • ' '•- In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and ils corporate seal lo be affixed by ils authorized officers, thl$ 7th day of Octpbe? 19JL2_. Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY K H (ohnson. SetreUfy G. H. Kasbohm, Vice President STATE OF ILLINOIS}^ COUNTY OF LAKE / , L iI, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally known to me lo be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of Ihe Stale of Illinois, subscribed lo Ihe foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with Ihe corporate seal and delivered'lhe said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes therein set forth. f My commission expires: February 16, 1984 • •, ^-^ ivM'ih* £. Andmon, Noury Public t*i,».i7H,,.M ' , PRINTFn.Mii<f CERTIFICATION I, SvenrL. jbhanson. Secretary of fhe lumbermen* Mutual Casually Company, do hereby certify that the attached Power of Attorney d*K>d October 7, 1980 »n h»ha»f>r Saae aa above.************* is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the dale of this certificate; and I do lurther ct?rttfy that the said C.H. Kasbohm and R.H. Johnson'who t-xwulfd th»» Power of Attorney as Vice President an* Secretary respectively were on the dale ol' ihe execution ot the at* tached Power of Attorney the duly elected Vice President and Secretary of Ihe Lumbermens Mutual Casualty Company^. . . IN TESTIMONY WHEREOF, I have hereunto subscribed my name and alined Ihe corporate seal of the Lumber- mens Mutual Casually Company on thk 2/TH day of AUGUST , IQ B'Z *****/ ' Sv«n L. (ohamun, SecreUrt This Power of Attorney limits Ihe acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the-manner and* to the extent herein staled. ' ':'.*.:..' ..1 S'lV ' • I* f,. Page 37 6500.3 Exhibit 2 COMttUMITr DlVti.Or«SNT H.OCK C«*XT rptOGaAM COHTRACTOK'S CSKTIFICATIOH COHCERHIHC LAROR STANDARDS AHD PREVAILING WAGE REQUIREMENTS' 1. The unde-m&aed. tutvinK executed • contract with lof the constnictito of the •bove-ide-ntilled project. Acknowledges that: (a) The L*bor SUndard^provJcions are included in the aforesaid contract; (b) Correctioa of any Infractions of the nfort-caid conditions, including infractions by any of his subcon tractors and *ny lower tier subcontractors, is hi* responsibility; {») Kettfier he no* »ny firm, partnerthip of «scocUtkvi in whic^ h^ h*s substantial in*w«t is cesi^n*tftd as an ineligible contn»ctoi by the Comptroller General of the Ur.ited St*tes pursuant to Section 5,6(b) of the ftesulwt of the Secretary of Labor, Part 5 (29 CFR, Part SJct pursuant to Section 3(e) of th« D*vis-Bj»con Act, us •mended (40 U.S.C. 276a-2(aJ). (b) No fart f*f trw aforementioned contract has been or will be subcontracted !o tiny subcontractor if surh sub- contractor or any firm, corporation, partnership or a&socUtion in vhich such subcontractor has a suHs'ant'al interest is designated «s an eieligible contractor pursuatil tu any of the »/orrmentioned regulatory or statutory provisions. 3. He Kgrees to obtain and forwurd to the aforementioned recipient witr-in ten d*yy after the execution of »«y subcontract, including those executed by his tubcortrnctors *nd er>y bwer tier subcontn-ctors, o Subcontractor's Certification Concerning Labor St»nd*rd8 and Prevailing Wage Requirements executed by the subcontractors. 4. H* <»rtifi»» trtoh t 1*901 OOM* <md t .(b) U. w §T SUNS, INC. P. 0. Box 8428 San P'"^f>, California, 92102 *0&.l$St-tJt£ of 1r># u ST MU&-IO1 <4-7i) Page 1 of 2 9/75 MUD-Wa«h., D. C. Page 38 6500.3 Exhibit 2 (4) TH» f*««t4i »fU »*Jr*t4*» «( «4) tt'fimr p**$o*i, both rohiral onJ Cfrf^ftr*!*, Caving • iu^ir»nti3i inT»rtit m tV» u<vi*m}fltj. HAMS *OD^C» ' C lu^tiential inl'rCMt of* ("// nan*, ta yiattt: -• «.«« . / O "* I ^O *" O *^^ AODMEU - (L B. PENICK ~& SONS, INC. (Coitnctar) S^^*Cer*-*^*^jigZ& WAYNE H. KEHS IICE PBESIDEHT \ TBEASUEER WARNING V.S, pH S«ctlo« 1010, Till* IB, U.S.C., provldtv la pvb "newti, .... u»V»»t p»Bft*», ott*rk or puMl»b«« «n^ U>« RMo* to b« f^lt* ..... »h»U b« flaw! not mora Ui»n $?1O^A Of lMpri»on*4 ix>4 orat* ttiui two 7**r** or both." 9/75 Page 2 of 2 HUD->ta»>>.. D. C. U.S. DEPARTMENT OF HOUiINO AS3 I COMMUNITY DEVEUJPME-HT BLOCK GRANT PROGRAM SUBCONTRACTORS CERTIFICATION CONCERNING LABOR STANDARDS AMD PP.SVAlLlrlG V/ACE REOUIREMEHTS Page 39 TO (Appropriate Recipient}: c/o DATE .PROJECT NUM8EH (.'/<"••>'' PROJECT NAME • 1. The undersigned, having executed a contract with . ' for- . t Contractor or Ju9coni'acto>7 t.\aturt of uornf In the amount of S. in the construction of the above-identified project, certifies that: ' ' • -'"'"'.'."' (a) The Labor Standards Provisions of The Concract For Construction are included in the aforesaid contract. (b) Neither he nor any fura, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Cotnpfroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (19 CFR, Pert 5), or pursuant to Section 3(a) of the Davis- - Bacon Act, as amended (10 U.S.C. 2~6a-1(a)). . • . ' " ' ' 'x • . •"''••• (c) "No part of the aforemantioned contract has been or will be subcontracted to any subcontractor if such subcontractor ot any firm, corporation, partnetship or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory ot statutory'provis ions. • '• 2. He agrees to obtain and forward to the contractor, for transnittal to the recipient, within ten days after the execution • of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing, IVa^e Require- ments, executed by the lower tier subcontractor, in duplicate. - (a) " The workmen will report for duty on or about- 3. He certifies (o) The legal name end tat business odaress of she undersigned en; (b)The undersigned is: •. « - l»l A SINCt-E PROPRIETORSMIP: U) A PARTNEHSHI«>: 13) A CORPORATION OnO*l*»ZEO IN TMC STATE OF: (4) OTHER ORGANIZATION f/)<imijy "(c) The no.-nt, title ond cddress o* »Ke owner, pcrlner; or officers of iKs-unJcrjigneJ ore: NAME TITLE ADDRESS (d) The n:nei ona e<lJrei*ei of oil other p;rro.T;, both nnrtrn! on-i co'?ifjle, Coving o subvlsntic! inl>:r;vt \n ihj un.l:tii>;jnr.i. on'J (':-.- nr.fjrc of t'n inrcrci! ort ('//r.o-.rr. 5" ,(HT<: _ -•> tT-X * NAMi - • . • NATUHe OF lf4TCHCST • ' ' • - • (c) Tht rc.Ttel, addresses end trade cicssificclions of oil otXtr tuilding construction contractors in yhich iKe undersigned nos a subjtcntial ir^srest ore^/f r.one, 50 icj:r): N AM e . • • .. ' ADDRESS fc :• .- , • • TRADE CLASSIFICATION • • . . -' " (Subcontractor} ' . ' . ' * • • . ' • ' • BY • • : (Typed Xanc nnJ Tittr] U.S. Criminal Code. Section 1010. Title IS. U.5.C.. provides i:v pait: "Whoever, .... makes, pa^sei. otters, or publishes any »t*<cr.-.cnl, knowmc the same to be f*Uc shall be fined nM r>orc than 55.000 or imprisoned not more Ihjn two ycirs, or both." Page 41 F500.3 I* !H :i! r~ a C "'-Sill J I'S 5 ?S{ s? II?M s; 5?? >r j__ ! ! I I ! i ! i I HW-Ilf 1 of 3 9/75 6500.3 Exhibit 7 Page 42 *< £ 0 • •. Jt 5 e •L • *^ i 0 3 • ^ » M Stt I •4 • tto ••» * w m Bk 3 1 « fr i i £ * T» CA . Hi».i-!1 |sl **fs ; ' 4-5» e e* A: « • 9 • »•si*! 5 .«.i 3*3 1^- 5- r% r» « 4 K \ «1 «"1 !l!| 3 , * *~i-,- = Alt S f ~D i I ?— >j j i« 4*iiji•«e •i ij :J ir» : i 5 -i ; ; 1 : 3 k •» ? •1 3 tJ • S ^ij^•: a 1 : •'. * < i> , §"* 5uG »5 ! 1 I!= i•» *• " •«o 0. U£ *k aMeT;| 5• ! * i' < 3 | £O <z53 5MO zo (J £3 i • i !!- c 1 1 _ I -•» - k * K *•il= * a• ., |1E P S 1• *! :t *" V a. ! c 1j 8 } a. i 3 ^1 •t i . ' : \ ^ !i ;} I'u:i'•;kl 1! 1 i :tiMi° '. •t « «fl4" •» *1 e >[ T c !ir » E 5 8 S-S; !it:i 5 * = * I -!1 *H i • < I j" -!i?5. - r ^:*" L^>, r 5>** * _il"I -5 i 1' s ffl1ss t•» I J r* *•: ^> o ^"7_ » ' «» «• ei ~ e ~""2 li• •« !i$1 t j ii j1 i i i i - ! 111? sill *i7? ili~* _ — • 3 ~ O tile ian - - 5 ' J ?* '. 1 s i I •? 7 1 ; -;• 5 t : ^ « 1 i * $ 0 i= i ? " • P ? - -' * - -»»- is! l^T': 1"- E » * * ^ 'r 5 ; '*!-- • *. i'ltiSsS :|j i:^ • E s. z i , ? >ia: ; • f H? *?!;^ » C a « Is ; • ' ' ^v "!' - t 1 « « 1i j i : i ;> « at » • « 7 ri5l - I ?O t. j * _. f• t ; | r :7 « •" ^ £ •- '•• i- £:5^t s . ? i s •' t J c * f £ *• L« E «&jc. J2t 1 ;fS "=;I S. '•!! £1! < -I1isas It J * •5 E t> : :1 ' !, « _ 3 J " > ClZ w •s r ' * " *~ ~ <o -2 3 Z ? 5 5 o"II o? 31« -JS —1 = e A "5 ~" c •• e* L*• •• •• •• "3 «• ">, fi** **• ^ • »— ^«:55 - = c1 'O ~~• I * 1 D 9/75 P«gt Z of 3 HUOJI.ik, D C co cuco (Q Oo1/1 COPY U.S. DEPARTMENT OF LABOR WAC* AMD KOCII! A.X3 PUBLIC COKTtACTS KV11IC1IS IRSTMCTISW F8J C«»?IEI!8C fiTOU fK2, H-3 .ftlflttlli. "** »*• «' •"'ML «rt.» .^•.uw-,,»^,. »*;„»< * ,K.T, ,.1,^ .;^.:.u). flll-aJ:^.^1^-^:!',,!:,^^1";.!;^; ^.^s-.^ri1..1: ,» — ^,.~,JT" tn tU« itf (,!.',*. A,., *..*,.!!«„* >. |..« i<.| . »kdlj M »*)...( U ••• »">« <('l l"n'"i !« Ik* f.f. . . . .:-, ,mrl,iT>* To' «l'»I(^il tin* ft»rt>ri{ plu* *"T C»»h In ll*<4 of (rn<** f-»ta3 tS 1in| th« ll-*if*| urn. htnjH» r»lt. »ny ir«ih p«i4 U il«a «f Mn^** n*j t>* « <h« b*Slf r«t». »>U IJ J^/ 40 Th.l U »' •••lataiM.* lnctrn.rt;r (n.M>uliMr1 tt«f*fil»" bwlo* In »*«r1|in* boi •How «*«rttM« Koiwl r »l« p'U, plut Ittfwfitdl Act of I **3 tc •lU.linn 10 P*rln( not !•*• |h*n lh« ^r«4«t»nnt«Md n>U (or (H* c «•(!«« in wftirh tfi* •^(>l'>r»« wor^t. (S» tanUkfiot *h*il 1^*7 (a •pprvvwi pU*», rund*, (r*w» •( »K*U p*j tt t*»h in IIMI #f (fine** ••**»»'* pnd*UfMl**4 •» IriA^i W*«Qu t» t4«cUUfl irt»4« f«ri «f th« e**itr*cl »#« "fRIKOf. UJWlMTi" WU«, J»^ hj It f>C tOOl, WH-WT UM. (l/M) i ! i n O 6500.3 Page 44 E>Joibit 8 INSTRUCTIONS FOR PREPARATIOM OF STATEMENT OF COMPLIANCE This statement of compliance meets needs tes'Jlting from the amendment of the Davis- Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predeter.-ined by the Department of Labor, in addr- lioo to payment of the .T.inimuo rates. The contractor's obligation to pay fringe benefits nay be met by payment of the fringes ta ihe various plans, funds, or programs or by mak- ing these payments to the employees as cash is lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employee? whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay sil required fringe benefits: A contractor whir pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payro".! the basic cash hourly rate and overtime rate paid to his employees, just as he has al-ays 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 thsn the amount pr^det-ji.T.ir.exi as fringe benefits for each craft. Any cxccpJioo.shall bs noted in Section 4{c) • Contractors who pay no fringe benefits: A contractor who pays r.o fringe benefits shall pay to the employee and insert in the straight tine hourly rate cfciunn of his payroll sn a~ou.it not less than the predetermined rate for each classification plos the amount of fringe benefits determined for each classi- fication in thr a;>pi:c3b!e wage decision. inas~'.-cn as it is r.ot necessary to pay lime and a half on cash paid in lieu of fringes, (he overtime ra:e shall be not less thsn the sum of the basic predetermined rate, plus the half time premiya on the basic or regular rate plus the required cash in lieu of fringes a! the straight time rate. To simplify computation of ovettir.e. it is suggested tha'. the straight tine basic ra!e and cash in lieu of frir.ges b-j separately stx'ed in the hourly rate column, t'-.-s S3 25.'.40. In addition, the contractor shall check paragraph 4fb) of the state.Tcr.t !o :ndic^'.? that he is paying fringe benefits in cash tJirectiy to his employees. Any exceptions shall be noted in Section H{C). Use of Section 4{c). Exceptions Any contractor wh» is na'<ing paypent to approved p!s?.s, funds, cr pro^rsns in amounts less than the wege detenr:i.T3tion requires is oShged to pay the d?ficinecy direct!/ to the ecnployees as cash in lieu of fringes. Any extepticvss to Section 4(3) or -?(b). vhichever the contractor n2j> check, shall b* entered in Se-riion */c>. Enter in the Exception column the craft, and enter in the E\p!ana:ion cola.r.r. :he hoyriy a.-aounl p9:d the employees as cash in lieii of fringes, and the hourly amount pzid to plans, fur.ds. or programs as fringes. tszxy 9/75 , D.C. 2 of 2 !O Page 45 6500.3 Sxhibit 8 STATEUEHT OF CO*?UAHC£ »•8 <«) f~ ) - In »-•-** Tw»C E^i^»i?3>*i^XK«tf3SS^^ ** DX. Pag- 1 cf 2 9/75 Page 46 FEDERAL MINIMUM WAGES Attention is directed to these special provisions and Decision No. CAST-5143 of the Secretary of Labor, included herein. STAYC* California cctwm s«n Diego ZO.'J HU'IISCW: CA01-5U3 'DA'jMt Data ofi Pua.Ucntlon soiieis Dscif.lon Ko. CAS1-5U8 dated Kay 5, 1981, in 46 XS. 2SS6-S 'EiKarFTIOf OP VKJJUCj Building Pro}scts (including Residential Pco'jr-CLs cori:.li"tifi9 of siufjlo Ciaily liasiea *rui «parenencs up to ind including * icocies), H«Avy *ntl Htqawjiy reo^sct.? AP.C! Drsdgi.ng ASBC3T03 WORjrni E^IC"IV.i'£;!!> i St E.'O.CS, Er/'C.^ sri.1 Kaiicc; ILsirdvaoJ Floor~ l«y»cs CiMi-'ffT V!».£ONSi ' C»tenc Mucona Color Moi-tf CK.'.stic or Cfoxyt C:jro fiacSin* Oivsca Elcctr ici.'.nB ? Toctu; :u:vATO!t'co:.-.'57Hi,tcrroas ,7t.';VATC u c^;<r.v;::;c7uRS ' :u:v,«,7-nrs coHarrvii HEU'CP.S (i'coa.J irKtOTJCN And LAWM r.ATaLi;.i ~ B frfM..«J.,.N,«.,. H4,p±T f-S- See Hod.' Ko. 3 17.59 U.S2 • 1.20 .£7 1.75 2.57 v.^ &f-t*f. Tt,. 1.00 .14 ~~~* See f-iod. No. 2 12.76 13. OS 1.15 1.15 2.05 2.05 2.30 2.50 .07 .07 — See Mod. No.- 2 13. <3 16.80 70«JR iS!fj 1.08l.OC Seo Hod 1.1SS 1.10 3K-2.04 . fio. 1 .95 l.4i * . .13 .13 .035 j- See Mod. No. 3 13.32 S 10* ce MoJ.No. 2 130 U o2 CDO) CI•q £ fslC? O2 o a iJ u Register / V»l. -u>. No. lli'J / Krii1;iy'.21. IDlll / Notiurs LLClSIOll 110. CA81-SMJ -lNE CONSTRUCTION I Crour.Jitn Cinetin Cjbis Splicers Scu-h, Faint Burner 2:cih iSvSng Stage), Spray Pspcrhar.^et , Spray (Svlng ttJ9c) S.T.J:: Vss ! «c (awing itigs)) Icon, s '. e c i i n J bridge ?i i nt t r s i s-lr.q s» itja) ; 1, S t iC 1 fil-ttsc, S f £ i y (t» 1 n 3 i 13 j c) Si.idslaiteri It on, stetl jr. j i; r I c J « painter (Sroun-.cc1); Iron, st«el ' s. eli-.SIng steel jr.J bclu-je; S;-tif, Cli.iSln^ SCtci S •. t e p i c j j c k PA.SKJ:.^ LOT VOHK AnJ/Ot II;.-,-.-. -•/ MAPXEhS: Tnfflc Ji-'llnejtinq device jppllcitor Vi."-. ccl sicp In stiller; Sniper Li.'Sf.T SEAt, CPERATIOtfr "ixcc CperalGf Sq-j:c;c Min Applicator Cperitor FJJC J.l.<K>«!r3«*ik 5U. :i 17.15s;.is 11.27 15.25 15.51 15.76 11.22 11.22 10.63 10.83 9.64 ' 9.6< 9.64 'S.iO 17. U Mil .,, .53 .23 1.00 1.2J1,21 1.2J See Kb ' See Ho See HJ '.90 .93 .90 .90• .so .98 .SO .SO .55 f »... 36*2.04 "j V » I . C i 31*2.04 1.73 i.n 1.13 1.4} d. No. 1 d. No. d. No. .55 .55 .55 .55 .SS .55 .55 .55 2.50 <tt P.r»4« 1.24 .75 .75 .75 I I b b b b bbbh t Ci. ..-.,. tffl. 1l. .13 .13 .15 .12 .07 .07 ' .07 • .13 DrCI5IO.S NO. CA31-5HJ PLASTERERS' TENDERS £te«2>.Clttecsr Air Con- dition, r.c£tc3sr*tlonncore.is S;!E;.T KETAt. HCRKEKS SOFT .FLOOR LAYERS 3?fiIHKf.ER FITTEHS nPw%>22Q HCP.KERS IllZ SETTERS 1LC and M.V.CLE ?IHISHERS t..i S<f»H i B .87 r...u.. $2.57 H.25 IS.24 i 3.23 2Q.03 NO. 3 1.20 2.72 1.70 H* 51.00 l.seSee Mod 1.02 1.20 .95 .55 See Had. No. 1 Sec i-iod. Ho. 1 11.S3 | 1.00 | 1.00 | I.00 j HELCER3 - P.eceivc t*t« proscribed tor crjft perioraing to which rigging or wsldtng Is Incidental. 01 15 OS 30 FOOTMOTES i a. Employer contributes 8) of b-sslc hourly rata (or 5 years' service and SI of basic hourly tata tor 6 conthe to 5 yc«rj* cecvlco 01 Vacation Pjy Credit. 6 P^IU ilolidayt; A through T. b. Eaployer contributes ?.34 per liour to Koliddy Fund plus J.24 per hour lo Vacation FunJ foe th« tltit yt<r ot cttplcynint, 1 ys^r but Icsa than 5 yuca 5.45 f.t hour to Vjcatlon, 5 ' yeira but lass thao 10 years 5.60 pir bour to Vacation fund, Over 13 yeijs J.SO per hour to Vacation Fund. Pftlt) tlOLIOAYSt A-New Vejt't Day; B-Hemorlal Dayj C- Independence Dayj 'D-Ljboc Day) E-ThanhsglvIng Day; S'-Chr it tnas Day. LABOJIER3 I Group 1 Group 2 Group 3 512.60 12!90 13.10 • •• .37 .37 .87 $2.25 2i2S 2.2S 51.00 1.00 1.00 .13 .13 .11 T3CutoCD •^ _Fc(!i;fal Kegistur / Vol. -If.. No. 102 / Frifl.-iy. Aii»nsl 21. inflJ / Notices rreisicw t;o. CA31-5143 Pago LADOHERS Group 1: Laborer (general construction) ; ftsphalt Ironer - Jr:c.'.dcr; Coring Machine Tender; Caulker; Cesspool Digger and ' o-i Intallcr; Cn-jck tc-.dor (except tunnels); Concrete Cuccr (!rp?:vicjc I'.cr-ra-.c a-vi Forrr Oiler); Concrete Water curing, C'.-t'irg Torch Operator (der.cli t ion) ; Driller's Tender (Cais- srn! i-cl'jdir.a -Jc 1 Ic-er c » Cri FcV.-it Machine. Concrete Cutting Tc.'ch, Cry racking ci concrete, plugging, filling of Shec Colt i;3lcr., rir.» Grader 01 highways, streets and airport paving (sewerr~£ c:air--,? lir.es w!.,yi c"picycc!; Form D lower; Ca > and Oil rircli-e L»:.c:er; Guinea Chaser; Jet Man; Landscape Gardener i"l :-'jr:?ry y.rn; laser L'ea- in connection with Laborers work; I-;:-;-.-. r.c-J Steel a-.-J I-ans; Fipelaycr's Backi;p Man (coating, crr-t ir.3, T.iV;jr5 o£ Joints, seali-.'.;, caulking, diapering and i-clvd i-.c ~jti5r GcsXot Joints srd pointing); P.iilroad work Liizrer; Sicjir.g *-.d Cirnallng, F.iprip Stoncpaver; Sancblastoc \~-'. Tensor;; Scilor, Tcptic Tank Digger and Installer; Tank Eralor »-.- Clcer.sr, Tool Shod Checker; Window Cleaner; Rebound ^'c-. (juiita ir.J'jstry) ; liouca.Tiovor Grc.p 2: Atr'-alt Pskcr; Duggy-obile Han; Csrr.ent Dur.per {on 1 yard or 1-r^et rixer: and handling bulk cement); Concrete Saw .Van (cxci'-Jsr.a trac'-or type, Roto-scraper, Chipping hVi.Tir.er, Con- . Crete.Core Cutter and Concrete Grinder'and Sander); Cribber - Svrrcr, Lagginj'cnd 7:cnch Erasing, Hand-g'jided Lagging Harrier; rriilc-r - Aii rc'*'-r Crills, Including Jackham^s", whether Core, C;a-i-.d, Va.jrn, TracH, K.jltipl" Unit, and all types o£ Mechanical -Cril:: wlthoj; regard to the fern of .r.otiva pcuor; Driller (all c1. '-.r vhere drilling i: ior use of explosives); Gas and Oil Pipe- ' l:-e Vrarnsr (Pot Tc-nj.-.-r and "ocr Mar); Gas and Oil Pipeline Krtrrer !i inch pipe an.i over); Operator and Tenders of pneu- r.itic, g.23 a-d fiectric (.oils; Cc-icr ete, ?'j-rp:; Vibrating Ma- cr. :re:; I' _'l t: -n 1: t e I: paot 'n'rtncli and sinil-,r rcohanical tools- net E'-r;rs'„-!'/ clsE'i'ioJ herc-inr Pipelayer (per forcing" all EPC- vlre; ;n tr.c- laying i:-J Installation of pip1^ froa the point Of rrreiving pip" tntil c^.-nl»tion cf the operation, including any a: : all :cr-.j of t-t-'jlir r,-Ler ial, wl-.othcr Pipe, Metallic'or '•c-.--^ta:iic, Conduit and any other stationary type of tubular c'cvice uc/ro for the cor-.'-?ying of substance or elcr.ont, <-'hether •-•:ter, se-age, :clid, g:s, air or other products wh,<.t-so-ever e-.z without regard to t:-.e nature of r.aterinl from which the t-hjlar riter:«l is f .x'_.r ic; ted,- Povdcr-an; Blasters' Tenders; ?re£sbr ic: ted "jnhole Jnstallec; P.oc>: Slinger; Sandblastcr and '^-•jtcrblactc-r • l.'ct ilorin) ; Sealer (using Eos'n Chair, Sa f c ty. Kelt) ; £t;e: 'UradTtaari "an; Tree Clit.ber, using mechanical tools; Welding in connection with. Laborer's work; Gen Man (gunitc industry) i fence Erector; !.'ozil<?7-an and P.od Man (gunite industry) DECISION.HO. CA81-5143 Page 5 .TUNNEL LABORERS: Group 1 Group 2 Group 3 H»<jflr 513. XO 12.50 13.35 H £. W .87 .87 .87 rfirnj*- Sc«* $2.57 2.5?2.57 :>» ?«»".« ?1.00 l.CO 1.00 4 Hc^.>,™ Ap?,. Tr. .13 .13 .13 Group It Blasters; Drillers; Powderncn; Cherry Pickorrran! Grout Gunmen; Xempcr and other pneumatic Concrete Placer Operator Miners Jn short dry tunnels under streets, highways ancl similar places; Miners - tunnel (hand or machine.-) ; Powdctnan (tunnel work); Steel Form Kaisers and Setters; Tiniber.r.cn; Butir.tcrir.cn - wood or steel , Croup 2i Dull Gang Muckers (Trackman); Chuck tender; Cabletender; Concrete Crew (includes Rodders and Spreaders); Durrpron; .Gceut Crew; Tender for Steel Fotra Kaisers ant! .Setters; Muckers - Tun- nel (hand or -machine); Hipper; Swapper (Bccaknan and Switchman) on tunnel work; Vibra torT.on; Jackl^ap.f or i Pneumatic tools (except Driller); Mutli-plato Impact Wrench Group 3: Powdermen - Primer House (Licensed on tunnel vork) ; Shaft and Raise Miner; Shifters; Blasters (licensed) all vork of loading holes, placing and blasting all powder and explosives of whatever type regardless of method used tor such loading nad placing. -o01IQCD CO \'t:ili:tn\ f?t:j4i>tt;t / Vol. ,'U. No. ^2 /AitJ'llSl 21. 10JJ1 / DUCISI0.1 HO. CA81-5HJ fjgc 6 tQUIPHC.VT OPERATORS! Ctcup 2 Croup 3 Croup < Gtoup 3 Croup 4 Orou;/ 7 Croup B Croup 9 Colt K...I, g.lrt K i if I. t/. See Mod. No. 2 (10. CASl-'.HJ PGl.'LH OJ'lRATOhJi (Cunt'J) Croup Ii Orakcnjn; Coaprs-cor Operator; engineer Oiler; Generator ;• Purr.pi Slqnjloanj Suitcds-in; Oitchwltch; £10- vatot Ojjofjtoc tlnsUlcJj rotklifs (under 5 tons); Ccoup 2i Ccnc.cete HSs«c (silp ty. j) ; Conveyor; Flrea.in> Hydro- suslc Pu,-5p) Plbnc Operator; Goncrjtor, Punp or Ccrsjic csuar ; Rotary Drill tender [alldolJ]; Skiploaiier - wheel typo up to 3/4 yd. without atucti^ntaj Soils fitfld Technician; Tor Pol I'fteJijn; Temporary Jl'.-Jtin^ I'luntj Trenching (tichire Ollerj , Concrete Pu-jp OtU>r (truck iiour.tsJ) Group 3i ForcJ Fsrguson (wltf! dragtypo a ttachr.enta) ; Hsll- copter Rjdioaon (sround); Povor Concrete Coring MiChine; Power driven Ju.tiio ?or:i Sftior.' Stationary Pipe li'capplng J:K! Clciin.ing K^ching; Gcidall Cil?rj Sutgo Tonk ar.J Uelg'it Master (liot Plant); Ttencbor Ollor (foundjtions) ; Truc« Crjni Oiler Group 4i Asphalt Plant Firemen; Dor Ing flach In?; Chip £pro<J'iing fiachine; Concrete Punp Operjtocj Dinlioy £.000- cotlvo of MoCorn^n (10 ton.'; Helicopter Hoist; Ui9!ilina Ciblcwjy Slgnjlaonj Power Sweeper; Trenching Michlno (up .to C Zt.)» Coacrjtc Pusp Op!;ratoc, truck toiintcdj IloJrJAd ana Chalnaanj Uollcoptor ftsJioisin Croup 5i A-iraae HincJj TruoK Operator; Asphalt Hjut or Concroto Hatch Pijnt Operator {v/hcrs co,-;^crcia 1 power !s not usei}, no loss th-m onj Genora-tor Cpocator la r e>)'j( ccd) j • Asphalt Sprc^tling iUchi.'i-i Operator [ jjrrojJcr Ujr jnJ aloilarjj DlS; Sliarpsnjr;. Boxajn or Mlacrrsjr, (jsphilt or concrete); Con- c'rata Joint Machine Opecjtor (cjnjl end s!nll*r type)? Con- crotij Planer Oporutocj DctricKiaan (oiKlelJ type); CilHlnij Mochlno Operator (Including w^tcr wallsj; £tjulf;.-ent Greaser (dobllo and Grease Rjck); FuckliCt OpQrjtor (over 5 ton capa- city)/ iiyJco-hj^.i^r - Ac-ro Sionper; llydr o.;r jphlc See.l'.-r Mj- c.'iino Optritor (strav, pulp, or seed); Machine Tool Operator; I'.S^Innis Internal Full SJjb Vibcator; Kechanlcal Finisher Ope- rator (Conor cte-Clary-Jchnson-t3 ;dwt:ll oc similar); Paveir.snt Breaker Operator Struck aountuJ, oiler required)) RojJ Oil Kl.»l.n<3 Mcichlna Cpsrator; Holler Operator; Rosa Carrier Ope- rator (jobsite)t £cl{-propellej Tar Pipelining Machine Cpa- 'tilati £!:iploac!er Operator (wheel or tracX type over 1/4 yJ. up to and Including l*i yils.!; Skiplojder - ForJ Ferguson up to 3/4 yd. with drag at tdCl-.aentij Slip toia Purap Operator (power driven hyJraullc lifting Jevica tor concteto focia^); 5cre«j Operator; Stl.icer CnJnu (Auat in-Hc-2tcrn or alnllar type!/ Ti-avnling Pipe Krapplno, Cleaning and U^ndinQ MJ- ehlno Opcc.i£ocf Tjucfc typo loader; Tusjee Uoist {1. <icuo) -oflloa •ns COPY Fr-J.-ral Roister / Vol. •!«. No. 1C>2 / Fri.J.iy. Ai::;nst 2?. 1%1 / Notices c::;:.'S! ON ::o. CAS i-5 l-lj 6: Pag* 8 (Cont'd) Ajjihjlt or O.-ieroto Mint Engineer; Asphalt or Concrete C'i-r.i'.cr (Mr.pin? PC finishing)) Anphait Paving Miiehine C,",fj!'vf f'!^r!/vf C(C'..i or Slfflilaf typo) ; Automatic Curb Machine; Lclt 2?tict-r cf Vulejt'iiof ; I'HL f.irj Scad Pactor; Wagner Paetor . &.- si.-.iijr C;. crater ; .I'tidqo Crane Cporator; Eridy? typo Vnloader <!-d 7..T.- t-i!. ic Crer.it:r; Cas t- in-place Ljyjnn Machine; Combination Kir^r • :.;! Cc-,TciE3r C;-.r:;tor [Oanitc wot*); Ccrcri.'te Mixer; Con- c.'., • c " .1 u r Br.crjtjr - paving (Oilor required); Crane Operator (up to jr. J i*. ; !L-<:IT} 25 ten C.:p.?c'i ty! (Oi ler required) (Long Doom Pay op;.-I iiitle ,; ,- Ci'ushin-j ClJTC Operator (Oiler required) (vhure coir.- -i.-:ciij rc---er is rot -'Cud, r.o less than c.-.c Generator Operator is ro-'ji rc-i) ; l't-:k Hr.,;ir.c Cpi-r;tor; Drill Doctor; Elevating Crado Opn- :c-.ot; Cr.idj',1 C;:<.-rJi3.- (Oilc-r required); Grade? Checker; Grojting "•: i r .1 i .'. c Cptrjtcr; C.'irJ fjil r-csc Driver CpcrjOor; Heavy Duty Ro- r .: i r .T.^ -i ; !:i!St C,- 1 r j icr (sinalo c'ru.n - OL.-O; • t'.'ci s t - Chicago Doom a.-.i i.riicr :yr ?; ; .i.'cict Cpc-tJtor (2 or J dcun;) ; Kolrr.^n 3elt Loadet £"- c:~i;^r tyr.c (v!-.-.-; two cc r.ore arc worKing together an addi- t:c-^l c-ylij.-,e ch^l; t? resuireJ); Lelcurr.eau Eiob Cc~p£Ctor or ii.'ilac !>•!"'••" -iT; M^L-;le Cperjtor (Cilor required); Lift'si^b MJC.':J.-.C C;;v.'^tcr (Vj'jt,h.rrg ind similar types); Material fioiat Cjtritcr (i dru.r); M_r'»:;n3 .Mjchir.e Operator (1/4 yd.) (Ollor r e ;) CtL:cr-t i r •;•.:. rail or cracH type); Pile Driver Gpo- (Cii'-r r tquirtti! ; i-ni-j.-ra t ic Concrete Placing Machine tcr (:i-jC*.lty-rr{-.:u-./Eli or similar type); P.-ie;j;:a t ic 1,'cading c (t-^rtlj; F'-.-pcrtite G'jn Operator; Polar Gantry Crane Ope- ; "c:jry C:ill C.Kratcr ^excluding Caisson type) (Oiler re- q-irt-c;;; F.ji.f'cr- t i r L'.-.' r.irth Koving ."quip.^ent Cperntc.r (single tr.jinj - CDtetpilJar, Luclid, A they . We con - V.'dter Pulls and si- r i ' _r ..•-/:>'-: i.i-.h jr./ or.J all attachments up to 50 cu. yds. struck); !<j' ^'.r- t ! .'( i Scrjf-L-r Operator (sol J-loiding paddle wheel .type - .Ton tc-tri- 1C4 ar.d si:.~t!ur single unit.); Skiplojdor Operator i-".'.-^l or trcck type, over IS yds. u? to and including C^ yds.); £ti-,c-:r Cra-.e (Aur.t in-l,''.>c tern-Pet t ibcne or slnilar type) (over 5 :.•:.".;); £u:r[jco .'.'waters ind Manor Operator; Tractor C^r'prensor Lr i 1 ! Co-M -. 1 1 i or. '•'[^;^c; Trac'.-"'.- Jporaiwi (Sull Do^tr, Tai.ipi.-r, i;'_T -p. r , cnJ f.sn 7ri.ct.Jr/ single engine); Trenching Machine Ops-' :$•',[ (ever f, ft. depth capacity .- :Tcnuficturers rating) (Oilejr rsqjirtc); Tomcl Loco.r 1 1 j v.? Cporjtcr (JO to 30 tons) ;• L'ni versa 1 h^jip.-cnt CpiTJtor (S.'iovfl, SucXhce, Dranlinc, Clamshell, up to er.J j.-c! uJir. ; 1 c-. y.-l. M.lt.C.) (Oiler rtqjirc-j) (Long Doom Pay epptic.-Mc) ; v/tldtr (genc DECISION NO. CA81-51O Ta-;e 0 POWER EQUIPMENT OPERATORS (Cont'J) Croup 7i 'Automatic Llneau Tension Machine (! Op«rator Cr.,1/10 Operator (over 23 t«nn, up to and including ICO (Long room fay applicable) (Oiler required); Derrick U rater (Oiler required, up to 100 tons) (cvt-r ICO ten;, Oiler, re-quired); Dual Drum Mixer (Oiler required)) Hoi (2 or' 3 orum with boom attach.nc-nt) ; Hoist Operator (3t Derrick Or similar typo up to 100 ton capacity) (Oiler Long noo.-r, pay applicable); Loader Op-orator (Athey, Euc. or similar type); Monorail Locoir.ot ive-Opera tor (riicni.1! electric); Motor Patrol - Rlao'e Operator; Multiple 'L'nj Operator (E-jclid ond similar type, except Quad 9 Cat); Wrapping Machine Operator (2 Operators required); P.ubu Moving Equipment Operator (multiple cnjino, Euclid, C'j sinilar type up to 50 cu, yds. struck); Tractor Loader (Crawler and wheel type over 6't yds.); Tractor Oporato a t tachirents) (over 40 ft. boon. Oiler required); Tower rator (two Operators required); Towir Crane Rcpairran; Equipment Operator (Shovel, 3aci?;:oa, Dragline, Clarasho cu. yd. M.K.C.); h'eldec - certified; Holder-Heavy Put/ Combination; Ivoods Mixer Operator and other sin.-ilar I'u went ton M.ll.C.) a.",H? Ope- Fir'.Ton or ct C'rerjior iH Leg, Cu/ ro'ju i red, lid, Sierrj , yj^, or ine Trjctor Pre-a tr enicd er- 1 i r ed Ejrt tc-rpi 1 lar ond Opr.-rator r (too.n Crane Ope- Universal ll, over 1 !!epi i r.T.an gmill Equip- Group Si Auto Grader Operator (one Grade Checker and one additional employee required); Automatic Slip Forrc Operator (Gradj Checker onj one additional employee required); Crane Operator (over 100 tons, two Operators required, Long Door.i Pay c-ppl icab! e) ; Mjr; Excavator Operator (two or more Operators a::d Oilt-r rerjulrcd, lc".;3 th.'in 7SO cu, yds.); Mecfianical Finishing Machine Operator; Mobile Forn Traveler Operator; Motor Patrol Operator (multi-engine); Pipe Mobile Machine Operator (two Operators required); Rubber- 1 i i eri Earth Moving Equipment Operator (multi-engine, Euclid, Caterpillar, and similar type over 50 cu. yds. struck); Kubbcr-tired Scraper Ope- rator (pushing one another without Push Cat, Push Pull - $.50 pur hour additional to basic rate); Rubber-tired Self [.cading Scraper Opc-cator (paddle wheel - Auger type Self Loading, I or. ttori? units ; Polar Crsne Operator; Tandem Equip/Kent Operator (2 units only); Tan- dem Tractor Operator (Quad 9 or similar type); Tunnel Mole Coring Machine Operator Grcup 9: Canal tiner cr Trimmer Operators (not less than four (•)) employees required - Oiler, Welder - Mechanic snd Grjdo Checker);' Helicopter Pilot; liighlinu Cablcway Opera-tor-; Re.T.ote Controlled Earth Moving Equipment Operator (no one Operator shall operate thon tvo pieces of earth moving equipment "at one tiir.e) ($1.00 per hour additional to base rate); Wheel t'xcjva-tor Operator (ever 750 cu. yds. per hour, two Operators and ono Oiler and two Heavy Duty Rcpalrm-en required) CO tn O • ' ';..' " Keller / Vol. •)<). Nu. 102 / Friday. August 21. 1031 / Notices OilCZSIOf! HO. CA91-5H1 10 HJWLH Et'UIMlEtIT OyERATOKSl (!!/Jcauilc Suction Dredge} LU'-tRMAN *" i.'.\:C!l tlflulNCCR; K«lder H::.C:.-:A:J (Stern Winch or L.'!iC!X.'u'<; Occhhjnd; fireman Dredges) ! L'VUviAN ,;,.7Oi i:>i>;i i'CCi-'i.'.li: w.i'iJlZ l/.l L. t/.-tCi'iA.'l; CJlcc f-..,, ilo.lilt HA* 1 r>».Ur.l £ Jv<«:< See Mod. No, 2 See Mod. No. 2 DECISION HO. CAS1-S14J tat)t Croup Group Group Group GroupGroup ' • TRUCK DRIVERS « i 3 3 4 5 5 £«,.« .H...I, S13.SI 14.11 14.11 14.51 15.51ii. si F,,.4, S.. 51.35 1.3S 1.35 1.35 1.351.3: ?!.65 1.65 l.fiS 1.55 1.65 1.65 11 Croup li 2 axle Dumpjj 2 axis Flatbed; Sunkenaan; Concrctv SadustrJal Liftj Kjcohou^eraani Fotklitt, un-Jec 15,000 Ibd. Group 2j 3 axla Dur.pi J exle PlatbuJ? 2 t.tle Wjtcr Trucks; Ecoain Control Mozzl'jraani Du=ipccoto, lets tfun 21! y^c.; Fcrnllfc i.5,003 anc! <jvor; Frellf Pipeline working Truck D:ivec; fio^J Oil ; Cossnt Dlctrlbutoc cc Slurry Driver; 2cotuijr. >' RoiaCarrier CtouQ 3i • O£C-rooJ Dump, unjer 35 tons; 4 oala b'lt less thjn 7 exle.t Lcwbcj and Trallotj Trsnalt His, unJsr 8 yds.; 1 axle water Tiucxs; Ecojin Control; Grout .Hlxcfj Duopcruta CT ytia. jsno jv<;i | Ooaj-sCnij CW 10's, 2Q's onij ovsr; Fuel Truck cnj Dyncnitej Kinch/ 2Trucfe Croup 4i Of£-roai} Du»p, 35 tons and over; 7 axle or mote; Tranait His, 8 yds. ond over; A-lraiae or Swtdlah Ccjnea; Tlieajn; Hiter Pull Pull Tjnkcroj Haldirj Hlnch TcucX, 3 axle oc more Group 5: Truck Rcpairnan Croup &i Traffic Control, alio Sw;np«ts in 4 Pickups I olnsalf icatlons needed for work cot Included within the scopo of tha clisilflcail'ona listed cuy b« iduad after award only to provided In th« labos otanJards contract clau-jcJ (29 CFft, 5.5 CU en Modification No. 1 ^tClSICri NO. CASI-5HJ - M=d. U { < t> r'K *i$9 i ~ Ajtjuas. J i , Saa tl «co Couricy , C' « i • <* •i a n xj u ; ^_j Piliflclvscj ?^ili^r»Qhts» PftQurntlc Ktiler; iUriiwoodrlcorliycr« —£»;v»tc;r Constructors- Piln:ursttrust}, Paint Burner 1 r u a Ii (Swing s t a <•; a ) , PapsrC.sn'jar , Spc«y (Ewlnq S £ * q 0 i Sia^^ljittt (swinga 11 "3 ! i I can , a tosl« r. ^ *> r i « ^ ft pjin^ors (iwin-} icj(,-c); Iran, piint*ri Sprjy • (swing St Jqi I < : ; i! 1 » n d 5 • i d q vi p j 1 .1 c s r ( -3 roun dvot k ) ; 'ITCHr 3 * C C I 3 Ti ubriJ^'j fair. tsfs. Spray (•;t oii.-.t'.v.orK) ,• Rirj^ara , ' . 'c i i.T.bjr. -7 srsoli Bruan, • — . ioclJ'je: Spray, cllriin-j stael ind Steeple ] jcx 71 is £a ccsrs *..,!, '"" M.,,8,,.(n,F,,-,.i, H t « -1 1 »^.«,M.. ^ !•« • "X 11 Modification No. '2 • H-i "' ' a 1^(• U. r1 1 i i ^ • , .. •>— Sea MoJ. No. 2 13.67 | 1.J4S • See Ho 15.74 15.9? 17. :« 17.43 17.49 18.39 15.89 15.69 1.J3 1.23 1.23 1.23 i.23 1.23 1.00 1.00 LOSS 1 * .0:5 1. No. 2 1.78 1.78 I'.TO ' 1.78 1.73 t.73 1.30 1.80 .7J .75 .75 .75 .75 .75 .07 .07 .07 .07 .07.07 .30 .30 !o*t w 1 -x 1 5^ f cT^ •f ^J s ut I ri. '••-<1 " H ^-.o 1 <5 raf 3 I ro 1 P- f |> ( ij ^ II ' S rs|o> i I Of1 521 w I !-* ' j DECISION NO. CA81-51O - Mod. 12 (46 KB 42591 - August 21, ISS'T) Stin Diego County, California Chanoe : Carpenters : Carpenters Millwrights; Pneumatic Nailer; Hardwood Floorlayers pilcdrl vers Dive is : Divers Stand-by Divera T o. p. u c r s Drywail Installers Dryvall Finishers La the rs Power Equipment Operator Group 1 Group 2 Group 3 Group '4 Group S Group 6 , . Croup 7 .. Group 3 Group 9 Fov.'cr Equipment Operator Dredging (Hydraulic1 , Suction Dredge) ! • Levcrtnan Watch Engineer) Welder De c'f. mate Winchn-.iin (Stern Winch or Dredge) Dargemjn; Deckhand; Fireman; Oiler; Xeveehand (Clair.shell Dredges) t Levernan Watch Engineers Dcckroate Bargcraatc Bargeman; Deckhand; Fireman; Oiler B ;a HC <tc Ir 5 H 4» *t I516.81 17.41 17. OG 3D. 62 19.31 18.31 IS. 20 c 13. 20' 15.10 13.38 15.67 15.31 16.02 15. K 16.25- 16.43 16.56 ; i 16.95 16.37 16.37 15.82 15.53 16.95 16.3716.37 15.69 15.28 $1.11 i.'ii1.11 i.ui.ii1.11i.uee Hod.l.ll 1.25 1.2S lias K2S 1.25 1.25 1.25 1.23 1.25 • 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 51.75 1.75 1.75 1.75 1.75 1.75 1.75 No. 31.75 2.95 2.95 2.95 2.95 2.95 2.S5 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 -.92.52 .92 .92 .92 .92 .92 .92 .92 .92 Emotion Appi. ?i. .07 .07 .07 .07 .07 .07.07 .07 .14 *.- i5 2I *•*"* 13i IT ! | T-"1 1 1?," 1 i < \l-o_ .14 | ll~ .14 .14 .14 .14 .14 .14 .14 .04 .04 .04 .04 .04 .04 .04 .04 .04 .04 ! !§ iijI "n ' I [ I . ? £2 TJ CT* •Tj '<•«i < j -~"> I "-> C3 -^ 5" n fD en Page 53 Federal Register / Vol. 47, No. 44 / Friday, March 5, 1932 / Notices - i - I - 'r -ini~—ir-. r-rrr--mtr" *r m rit—i' rf^Afij »f*aUfnBrffi Modification No. 3 DECISION MO. CA81-5J/3 - !£pd.__l 3 • 1SB1) Cau Diero County t California Channon Aab'Jstoa ts'orkera poilerrcikers Dryviill Finishers Ircmworkorn: Fcnco Erectors StructurzX, Ornanental, Reinforcing flatterer s* Tenders Pluabe'rs; pipefitters? Ste?_cifittorst /iisr Con- dit-.icn; Rcf riecration Gatlc •l!*vr!r R.U.. 519.25 11.61 17.74 14. 8G 15.75 15.99 16.35 F 1r 9 «^« i > »y*iff i 1! /. W 1.30 1.30 1.23 1.44 l.'J'S .87 lot Ptfittcnfi 1.49 1.25 1.78 3.81 3.B1 2.S7 16!; Yceoilcn 1.00 .75 2.50 2.50 1.00 33% EJ.c.tl«or^",. .07 .04 .67 .12 .12 3/4\ 1 l i i i - •' • • • c Page 54 SECTION 5 CLAUSE The work to be performed under this contract is on a project assisted under- a program providing direct federal financial assistance frora tlie Department of Bousing $ Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701U. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment bs given to lower income residents of the project area and contracts for work in connection with, the project be awarded to business concerns which are located in, 'or owned in substantial- part by psrs.oas resid- 5-ttg: 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 f, Urban Development set forth in 24 CFR, 135, and all applicable rules and orders of the Department cf Housing Q 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 then froa complying with these requirements. » . • . ' " C. ' The contractor will send to each labor organisation or representative of workers with whoni he/she has a collective bargaining agreement or other contract ' "or undcrstand5.Tig, if any, a notice advising the said labor organization ox- worker's representative of his/her co-fitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and training. -. - )J. The contractor will include this Section 5 Clause in every subcontract for work in- connection with the project and will,' at the direction of the applicant for- or recipient of federal fiTiancial assistance, take appropriate action . • pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing f, Urban Development, 24 CFR, 13S. The contractor will' not subcontract with any subcontractor whore he/she has notice or knowledge that the latter has been found in violation of regulations -under 24 CFR, Part 135 ar.d will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of those regulations. E. Compliance with the provisions of Section 3, the regulations set forth iii 24 CFR, 13S, and all applicable rules and orders of the Department of Housing fr . .-»..• Urban Development issued thereunder prior to the execution of the contract, shaJl be a condition of the federal fir.ar:cial assistance provided .to the project, binding upon the applicant or recipient for suc.li assistance, its successors and assigns. 3'ailure to fulfill these requirements shall sub} act • the applicant or recipient, its contractors and subcontractors, its successors and assigns to those: sanction:, .specified by the: grant or loan agreement or contract through which federal nssist:cnce is provided and to sue]) sanctions ar. are specified by ?.-\ Cr'ic, )3:>. /" •' /J-DARD FORM - 257 /'(Aug. 1976) /,t>ed by the Dopt. of Labor (C?CC?) OMH Annrovnl No. <H-im% ' Paqe 55 ? Reporting Tt-riod MONTHLY EMPLOY:-:ENT. (Month, Year) . UTILIZATION REPORT (See reverse for instructions ) 'iaorT" is required by Executive Order 112^6, Section 203. Failure to report can <Wrn sanctions which include suspension, termination, cancellations or debarrnent '(.n tract . .__ .'. . • . _ ....'._.._ ^(ifane and location of Corr.pliar.ee Agency) 5St. Reg. Admin, for Equal Opportunity ,S. Dept. of Housing & Urban Development >0 Golden Gate. Avenue, Box 36003 in Francisco, California 94102 Joiapany ' s Name { I. D , ) Frorr.;- (;^ar.e and location of contractor) Vork Hours of Ecployner.t (See footnote) Classi- fica-tions C AD C AD Tr G AD Tr C AD Tr . C AD Tr C AD .Tr C AD Tr C. An Tr C An T- C An Tr C An Tr a Total Co^ciy ori'lcia!':. iUsnature a;,<; ':i^j.e • (A Hales 6. Females *•'•' Minorities D. Bla *c. * His- panic 1 C - * Indian e. *Asian/ PacificIsland . i " .B. Date i :.:;:-. id Total rr.ale mino- rity W/ll Of total w/h 5-. •Total number of minority Employ"ees ( - j i 6. Total numb e r of eea ^. Yell-phone tiiiMUur (InclvuU: Area Code} f\ r. on - rn 5 n o r i L i t: s ) Pn ^e of • *» f' 1 1 | i ; i Ifiii i } i ij i i£ tI. 1 fiHB i j* «I r*7-i^l»^*;-M^»^» 1 ~ ^~L -^ - ii i K _ w Page "515 -^ , pxHUBlT 13—^-^*—»-* i-*—•—"——'»-—•••—«—• _^y .ff V£1 v'r/v VVi ^J^'JCT;,--^:—•n/--~rrMri/'''\t''5i p-^-1"-. ^^Ukik. U Uiuuw Li Uvy^ Ij-'^iv.t't You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. ", You must be paid not less than one and one-half times your • j basic rate of pay for all hours worked over 8 a day or 40 a i week—whichever is greater. There are some exceptions. ; Apprentice rates apply only to apprentices properly registered under approved Federal or State apprentice- ship programs. '' y°'J ^° no* rece've proper pay, contact the Contracting.( Pij-1 1\' " i'n i' v \v Officer as given below:' Lraiu or you may f;ot in touch with (ho nearest office of (ho Wnrjo and Hour Division. U. G. Dcpartrnc-nt of Labor. The Wage and Hour Division lieu; oflicc-o in several hundred communities throughout the country. They arc lifted in the U. S. Government Section of most telephone directories und,:r Department of Labor, Wane and Hour Division. If not liv.teci \vritc to A'.I:r,ini^trator, VAi^jc and Hour Division. W.rJiinston, D.C. 'M2\Q <*i*!*S J -^^Hfi^ff SO Page 57 6500.3 Exhibit 1U U. S. Department of Ecusing and Urban Development Community Development Slock Grant Program- FEDERAL LABOR STAISARDS PROVISION'S 1. APPLICABILITY The Project or Program to which the work covered by this Contract pertains is being assisted by. the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assist- ance. 2. KDrDfiJM VAGB RATES FOR LABORERS A23 K3CEAIHCS All laborers and Eechanics 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 nade mandatory by law and such other payroll deductions as are remitted 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 j { j Secretary of Labor (a copy of which is attached and herein incorporated ' "'•—-/ by reference), regardless of any contractual relationship which cay be ; alleged to exist between the Contractor or any subcontractor and such • laborers and mechanics. All laborers and nechar.ics employed upon cuch f ' vork shall be paid in cash, except that payment nay be by check if the I employer provides or secures satisfactory facilities approved by "Die ] Local Public Agency or Public Body for the cashing of the same without | . cost or expense to the employee. For the purpose of this clause, j contributions cade or costs reasc.r_ibly anticipated under Section 1 (b) ! (2) of the Davis-Bacon Act on behalf of -laborers or mechanics are I considered wages paid to ouch laborers or mechanics, subject to the | provisions of^Section 5.5(u)0 )(iv) of Title 29, Code- of Federal ', . Regulations. Also for the purpose of this clause, regular contribu- • tions nade or costs incurred for more thai: a weekly period under plans, j funds, or programs, but covering ~he particular weekly period, are $ deemed to be constructively nade or incurred during' rrach weekly period. • 3. UlTDSaPAYXSKTS OF VAGSS OR SALARIES t | In case of underpayment of wagea by the Contractor or by any ] oubcontractor to laborers or cecr.ar.ica employed by the Contractor or \ ' . cubcontractor upon, the work cove-red by this Contract, the Local Public j 'Agency or Public Lody in addition to E;uch other rights aa ;oay be afford- I jod it under thin Contract chall withhold from tho Contractor, out of pnymonto duo the Contractor, r.o much thereof ao the Local Public 1 of 13 9/75 .. D. C. . Page 58 6500.3 Exhibit 14 Agency or Public Body cay consider necessary "to- pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld nay be disbursed by the Local Public Agency or Public Eody7 for and on account of the Contractor or -the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. U. ANTICIPATED COSTS OF 2RIKGE BEZiZFTTS 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 . nay require the Contractor to set asida 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. OYEKTIK3 COMPENSATION PJSQUIRZD t STANDARDS ACT (76 Stat. 357-360: 332) CO:r?RACT VOHK EOU713 Title LO U.S.C., Sections 327 (a) Overtime requirements. Ho Contractor or subcontractor contracting for any part of the Contract work which nay require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 1;0 hours in ouch work veek unless such laborer or mechanic receives compensation at e, rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of IiO hours in such work week, as the case may be. (b) Violation; liability for tir.p-i.id wa^jn liqx'JLdp-tod damages. In the event of any violation of the clause cot forth in paragraph "(a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, ouch Contractor and subcontractor crlall be liable to tho United States for liquidated damages. Such liquidated damagoa nhall bo computed with xeopect to each individual laborer or mechanic employed in violations of the clause oot forth Jn paragraph (a), in tho cum of $10 for each calendar day on which cuch employee wc.n requir^rd or pemittod to work t • 'Pago. 2 of 13 .. D. C. 9/75 U Page 59 6500.3 Exhibit 14 in excess of 8 hours or in excess of the standard work-week of 1*0 hours without payment of the overtime wages required by the clause set forth in paragraph (a). • . (c) Withholding for liquidated damages. The Local Public Agency or Public "?ody shall withhold or cau^e to be withheld, fron any noneys payable on account of work performed by the Contractor or subcontractor, Hucb. BU33 as nay 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 requiring1 the subcontractors to include these clauses in any lover tier subcontracts which they.rzay enter into, together with a. clause requiring this insertion in any further subcontracts that cay in turn be made. 6. ^EMPLOYMENT 0? o Apprentices will be pemitted to work at less than, the prede- termined rate for the work they performed when they are em- ployed and individually registered in a bona fide apprentice- ship program registered with "he U. S. Separt-ent of Labor, Kanpower Administration, B.ireau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person io enployed -in his first 9^ days of probationary esploynent 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 errployrent as an apprentice. The allowable ratio of apprentices to journeymen in any craft cla.sai— Tication ohall not be greater than the ratio peraitted. to the contractor as to his entire work force under the registered progran. Any employee listed on a payroll at an apprentice vage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is r.ot registered or otherwise errployed ea ctated above, chall be paid £he wage rate detoroijned by the Secretary of Labor for ths classification of work he actually performed. The contractor or subcontractor will bo required to Pag- 3 of 13 9/75 ... D. C. '"1 Page 60 •6500.3 Exhibit 14 furnish to the contracting officer or a representative of the Vage-Eour Division of the U. S. Department of Labor written evidence of the registration of his prograa and apprentices as well as the appropriate "ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using- any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained - in the applicable wage determination. "b- Trainees. Except as provided in 29 CFR 5-15 trainees will not • ' "be permitted to work at lesa than the predetermined-rate for the work performed unless they are employed pursuant to and individually registered in a prograa 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 isust be paid at not less than the rate specified in the approved pro- gram for his level of progress. Any errployee listed on the payroll at a trainee rate who ia not registered and partici- pating in a training plan approved by the Bureau of Apprentice- ship and Training shall be paid not less than the wage rate determined by the Secretary 'of Labor for the classification of ' vork 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 progran is approved. C. Equal Ersploynent Opportunity. The utilization of apprentices, trainees and jourr.eyren under this part shall be in confonity with the equal erploycont opportunity requirements of Executive Order 112^6, as amended, and 29 CFR Part 30. Page 4 of 13 9/75 ,.. D. C. Page 61 5 »-• " \ ( ^ . . 6500.3i ^ ^ L , 1 Exhibit 14 j '7. EMPLOYISrT OF CERTAIN PERSONS PROHIBITED i* . Ko person under the age of sixteen years and no person who, at tha time, is serving sentence in a penal or correctional institution shall "be eoployed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO 'SO-CALLED "AI.TI-KICI-CBACX ACT" The Contractor shall comply vlth the applicable regulations (a | ' copy, of which is attached and herein incorporated by reference) of the | • Secretary of Labor, United States Department of Labor, nade pursuant to I the so-called "Anti-Kickback Act" of"June 13S 193^ (US Stat.~9l;8: 62 Stat. 862; Title U.S.C., Section 37U: and Title UO U.S.C., Section 2760), and any amendments or codifications thereof, shall cause at>i>ropriate provisions to be inserted in subcontracts to insure compliance therewith. f- by all subcontractors subject thereto, and shall be responsible for the | ' submission of affidavits required by subcontractors thereunder, except 1 as said Secretary of Labor may specifically provide for reasonable { limitations, variations, tolerances, and exemptions from the require- I nents thereof. j . { 9. EMPLOTKE3T o? LABORERS OR KECEANTCS NO? LISTED nr ATORSSAJD WAGE I ,.., - 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 j classified or reclassified conformably to the wage determination by the } Local Public Agency or Public B^dy, ar.d a report of the action taken | ehall be submitted by the Local Public Agency or Public Body, through 1 ' the Secretary of Housing arid Urban Development, to the Secretary of ; Labor, United States Department of Labor. .In the event the interested 1 parties cannot a-jree on the proper classification or reclassification j of a particular class of laborers and mechanics to be used, the question 1 accompanied by the re-commendation cf the Local P-iblic Agency or Public J Body shall be referred, through' the Secretary.' of Housing ijid Urban j Developcent, to the Secretary of Labor for final determination. j „ ,, _. .^^ _,„ ^.^ _,. _, „.,_ . .-f^rr- - t v - • i ! The Local Public Agency or Public Body shall require, whenever the j niniGua.wa£a rate prescribed in the Contract for a class of laborera or cechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is oblir7?.t'jd to pay cash equivalent .of auch a fringe benefit, an hourly cash c-cuivslent thereof to be established. In the event the interested parties cannot a^rree us on' a caoh eauivalent ! of the- frin^ benefit, the question, accompanied by the recommendation (of the Local Public A.vvmcy or Public Body, shall bo referred, through the Secretary of Housing and Urban Development, to the Secretary of |x" -Labor for determination. O 5 of 13 • 9/7S l(Ut>-Wa-~S., D. C. Page 62 6500.3 Exhibit 14 11. POSTING WAGS DSTSHKErATIOff DECISIONS AND AUTSOHIZZD WAGS DEDUCTIONS The applicable wage poster of the Secretary of Labor, United Statea Department .of Labor, and the applicable wage detemination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement shoving all deductions, If any, in accordance with the provioions of this Contract, to be cade fron wa^es actually earned by persona so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site of the work. ..... 12. COMPLAINTS, JROC2SDEIGS, 02 TESTIMONY BY EMPLOZS3S . • - . llo laborer or mechanic to whoa the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such ecplcyee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify-in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. 13. CLAIMS.AKD DISPUTES PSRTAIIiTKG TO VAG3 HATES Cla±D3 and disputes pertainin.? to wa^e rates or to classifications of laborers and isechanics enrployed upon the work covered by this Contract ehall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary' of Labor, United States Department of Labor, whose decision ehall be final with respect thereto. Uj. QUESTIONS coscs-umJG CERTAIN FEDERAL STATUTES AND REGULATioifs All questions arising- under this Contract which relate to the .application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations iasoied by the Secretary of Labor, United Statea Department of labor, pursuant to said Acts, or (c) the labor otandarda provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Eousirig- and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which ehall be authoritative and say be roliod upon foir the prnrposes of thio Contract. 15. FABROLLS A20 BASIC PAYROLL HECOl-tDS OF CO^TRACTOa AlfD SUDCO^n'iLiCTO?^ Tha Contractor and-each subcontractor nhall prepare hio payrolla on JTo'ma oatiofactory to and J_n accord.anco with inatnictlono to bo 6 of 13 9/75 D. C. * *! ^ \ Page 63 6500.3 - r4i -j -. - Exhibit 14 furnished 'by the Local Public Agency cr Public Body. The Contractor ehall 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 ba responsible for the submission of copies of payrolls of all subcontractors. Sach euch payroll shall contain the "Weekly Statement of Corrpliance" set forth in Esction 3.3 of Title 29, Code of Federal Regulations. The- payrolls and basic payroll" records of the Contractor and each subcon- tractor covering1 all laborers and mechanics employed upon the work covered by .this Contract shall be zaintained during the course .of .the " work and preserved, for a period of 3 years thereafter. Such payrolls end baaic payroll records ehall contain the nane and address of each euch 'employee, hia 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 hcurs worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5»$(a-)(l)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include tha amount of any costs reasonably anticipated in providing benefits under a plan or prograa described in Section l(b) (2) (3) of the Davis-Saccn Act, the Contractor or subcontractor shall maintain records which show that the ccmitnent to provide such benefits is enforceable, that the plan or progra::i is financially responsible, and that the plan or progran has been cormmicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in provicJjLj such benefits. The Contractor and each subcontractor shall nake his eEplo;.~ent records with respect to persons employed "by hin upon the work covered by this Contract available for inspection "by authorised representatives of the Secretary,' of Housing and Urban Development, the Local public Agency or Public .Body, and the United States I>3p2-rtizent of Labor. Such representatives shall be permitted to inter^v-iew c^lojrees of the Contractor or of any subcontractor during working hours on the job. 16. SP3CITIC C07HRAG3 0? CERTAIN TiTES 0? VOHK BY S-TL033SS . -. • The transporting of materials and supplies to or froa the site of tho Project or Program to which this Contract pertains by the erploye.ea of the Contractor or of any jrabcontractor, and the Manufacturing or furnishing of caterials, articles, s-applies, or oquip-ent on the eite of tho Pr-oject or Prcrra~i to which this Contract pertains by persons employed by the Contractor or by ar.y subcontractor, shall, for the purposes of this Contract, and without l:'ni ting the generality of the forego ing provisions of thio Contract, be deemed to be work to which • these Federal Labor Standards Provisions are applicable. 17. INELIGIBLE SUECO:.TRACTOHS . Tlie Contractor chall not nubccntract any part of the work covered by thin Contract or pcmlt subcontracted work to be further nubccatracted *<& 7 o£ ., D. C. Page 64 6500.3 . 14 vithout tha Local Public Agency's or Public Body 'a prior written approval of tha t-ubcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract vho is at th4 tin-a ineligible under the provisions of any applicable regulations isRUdd by tha Secretary of Labor, United States [Department of Labor or ths Soorotary of Housing and Urban Development, to receive an award of cruch subcontract. 18. PHOYTSI02TS TO £2 EKCLGIKD HT CEKTAIS SUBCONTRACTS Contractor shall include or cause. to ba included in each eubcontract covarirxy any of the .work covered by this Contract, provi- BionB which ara consistent with these Federal Labor Standards Provisions - .end also a clause, requiring the subcontractors! to include such provisions IB any lower tier subcontracts which they nay enter into, together vith a clauas requiring ouch insertion in any further subcontracts that nay in turn be nada. - 19. E3MCE 0? FOREGOING JZDZRAL LA302 ST£NDAHDS PROVISIONS In- addition to the causes for termination of this Contract as berain ola&vhsre sst forth, the Local Public. Agency or Public Body r»&&rvo» tha ris^r-b -to terminate this Contract if the Contractor or any miboontractor whooe subcontract covers a^f of the work covered by this Contract chall breach any of these Federal Labor Standards Proviciona. A branch of these Federal Labor Standards Provisions nay also be groiinds for dobaraent as provided by the applicable regulations issued by the Secretary of Labor, United States Jtepartizent' of Labor. Pcge 8 of 13 9/75 lCUO-Vo»J».. D. C. 10 Page 65 6500.3 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 IS. U.S.C.. xn'ton 874 (Replaces section I of the Ac! of Jurw 13. 1934 (48 Stit. 94 S. 40 U.S.C. sec. 2766) pursuant to the Act of June 25. 1948. 62 Slat. 662) KICKBACKS FROM PU3UC WORKS EMPLOYEES . r. by tvrtr, intimidation. or threat nf pfwu."^? diir*v»a! from rmpjo\mfnl. or n* any otHer rnr»rvrr whjrljiO» C»CT intjucri any pvr-on emploveii in thr construction. pro^/-cut.y>rt. complrlxm-or frpair of in> pui»l»c boildjiv. public work. or building or work financed in who!** or in part bv Ujarv* or "*"£> from t:>" t'ntted ^'ut'-i, tn zr»r up arrv port of the com- fnution to which h* » cntilW undf hit contract of rrap!o»rvnt. shaJI l< fined not rx>rf thin t5.0» or imj>«»o!xxj i>ot fnofr tK*r> Hv^ >f-»r». of both. SECTION 2*OF TKc ACT OF 6JS«r. ! 13. 19.M. AS AMENDED (4«Sitt.94«. . 967. n, completion or rrpaj- of public buiidin^v p-^r:jc worxi or b'jMitrt»* or v*ork» fir-a-icrd in wSoW or ?- j.trt bv Vja-T« Or grant* from thf S'r.-.ted Matri, including: a provi.-JOn (Kit erch contract'^ and vuLcontrKloc »naji furri^ vrr k >•» fL»trmervt vith respect !*» th<- wa^TJ p«i<i r*ch employee dunn/ the prrcrir^ wj^V. Section 1001 of Till-: 13 (Unjted 5talr* Cooe) cKrU I ---XXX--- Pw*u»nt to tK; iforr^Jixi Anti-Ki'-l.back Act, the N-cretw> of L>}-o<. I'nitrd 5tatr» IJrpan.-nrr.t of L*bor. KAA promul- ptrd trw rr^ulaliona hrjeiniftrr »rt forth. *-hirb I'r^.jjir^rj >rp fourd in T";:!e 2*1. .Subtler A.Cc-f-r of Fed-criJ ?I-r-I»tx>rA. Part 3. The term "this pa-'t," ** itf-rd in the r^^u!atii»r.» Kerrinifirr ^t :or:.i. ret'er* to Pirt 3 !a>4 ib-3»e mentioned, ^a^i rcj:- ItiitxinA arr aa fo!k>wa' TITLE 29-LABOR Subtitle A - Office of the Secretary of Labor TART 3-CONTRACTO?.S AND SUr-CCNTKACTORS ON H-'^LIC EP.LIHNC OR Pt."5UC WORK RNASCtD IN MiOLE OX IN PART BY LOANS OR CR^O-TS FROM Tt!E UNiTED STATE3 Srclion3.l ind tc 27 6c). |HtpuI #r»J «.hirh »* f in 2 of t>.« Art of Jur.t 13. »n> cr.rt,-*<t' vhkh i» t*-b; ^ »r of p _T'i>< bu own ai the Cnp-rland Act. Thj* put tr p.V» lo »n> cr.rt,-*<t' vhkh i» t*-b;>rt f con ^-ruction, j^otc'tVytKin. c'lm^r' ton, c-r rrr^ »r of p _T'i>< bui!riir-j;». puin*c HriftncrJ in wKjIc i* in ji;rft by U.»«na or rrintt from l^-c L rttcd -Ijlc^. T.k^ p*rt i» int«-n->rri to a» minimum wayr prn-rvucr>s of tSr Drv>*-I'>^-'>n Art *nj tre »arx>u» lUtutf I d'llir.^ willi rV(Vr*!U Contain cirrvl** rrwnirnuM wi^r provliKina, uirl^ding l}»crftc prr>*l»^>na which «r? iKit tubjcct to < WL'J.C. f tXt _SK N». 14 , D.C. 9 of 13 5/75 Page 66 6500, 3 EAibi.t 14 ORIGINAL (e-g., the College Homing Act of 1950. the Fcder.l Water Pollution CoMrol Acl. arxj the Moving Art of I?')')). and in thr enforcement of the overtime pro.Uon, of the Contract Work Hour* S:a.-.4ir'l. An whenever they ,,e appl.cab!,- lo tm,-«rucl«n work. The part oe^!« the oblivion of contractor. an J subcontractor, relative to the w«kly Mir.mi^ion of statement* r-*ard- ing the wage. paid on work covert J thereby : sell forth the cvrcurwlancr. ..id prw dure. governing IS, miking of pay n.li de- duclionj from the wa^cjof iho« employed on such work; and delineate* th- methoJsof payment ~f~rmU.oil.leun Mich work. Section 3.2 Defir>.itions. . • A* used in the regulations in this part: («) The ter™ "building" or "work" generally include construction activity « extinguished from m.m.farlurin;. fumi*hing of material. or servicing »nd mji.ileninef word. The term-, .rxludr. viihout limiUlKin. building. itruc|urr>. and improve mcnts of ill tv|<», juch a. bri,-ii«. dams, pUnU. h^h^ay*. fnA.jyv stwts. jubwas*. tunnds. ww,r!>. mains, r^.wrr- -line», pumping >!jtionj, r*'Uay>, airpuru. terminjls, docV v pien, whir\r«. way«. li^hthou^r. buoy*, ji-tliw. brralvvaicr*. !»»£«. and onaU; dredfir.z. fchorinj. scaffoWiry. riril!in«. r,!jiiin?. t vra.inni, cirwin?. and l»nd«f '.pinj. L'nlrv. conducted in tonn«t«n with and althe str of »uch a building or worV is i. dwr.!>H in the foregoing bcnlencr. the m.nufarturr or fumi^- ing of matrriiU articles, buppiie*. or equipment (whether or not i Federa! or Stjte ajency in^rn title to ,uch materuls. •uticlci. £upp!«», or equipment during the course of the manufacture c* :"-jmiihinj. or own. the material* from which they are ininufactiired or funiiihcd) i» not * "building "or "vrork" within the meininj of the regu!aiion» in this jurt. (b) The Irrnu "cor.stf uct'wn." "prosecution." "complrt»n." or "fTf-iir" mean aJ! t> p*s of work done on a particular building orVork at the site tKerrof. inclo-jiry;. without limitation, allerirc.remc-drimj. pa.iitirv and decorating, the Iran^torJ- ingof miteriiti w>d tupplievto or fixxn the buiiilir? or work by the err?!oyee»of the con,trucl»m contractor or ron>tructM.n lubcontractor, >nd the man-jf JCturinj or f'jrni'hin;; of materiJi. a/tir!-». tupplie*. Of rtjuipment on thr sil» of the builjinj; or work, by persons employed >t l^ic ate by the contractor or su't-contrjctor. (c) The terms "puWic building" or "public work" i:icluc!e build ira or work for who&e construction, protreution, cum- fiction, 01 repair, as defined aLove. a Federal tgencj i» a cor.:ra-:an^ pafiy. fejajj|«s« of whether title thereof U in > Fnier.I (d) The term "buildin? or work finmc-'i in whole or in part by Ica.-j or rrinta from the United Stairs" includ-s build- ing or work for who?< eoi-.slru-.-tion. proy cut-on, rorr.jilttiori. or re pajr. «• (iefinmj <ix«e. pa) ment or part pl\ri-nt it mad- dircctly or indirectly from fumij proiVJed by loan- o: p«nt» by a Fertrra! ^'ncy. The term does not include luiMmj of work for which Federal a-wiuince U limited sjl-iv to lo«i p;»rinier> or.j.-.iuri.-..:e. (e) Every person pi:d by j contractor or iJjhcontraclor in ajiy mr_-xr for nia labor in the conittuction. pto^culion. - comjnetion. or cepjir of a public buiLiing or public work or bui!.:inj o: work fi.-jr,cej in wl«!r'ur in part b> l.,«r.* or gu-.li front the United Slstrs it "emplojcd" and receiving "wi^e«,"rejit.-cl'S* 'A my co.nUactuii re'-.tloniliij, s'Arf<l to e%i?t b--t«rtn him and the real employer. (f) The term "«ny affu'u-.cJ person" i;icl-jd<-« a ipoux, child, pirer.1. or other c!o-f relative of t'e contractor or sub- contractor, a partner or ff:"ircr of tiie eontr.ctor or «icc.~.«sact->r: a cc-rj-xoon c'rttly eon-ierted with the- cor.tra-.toj or »u!>contract«r » purnt, lubiUUry or olherviv:. tad »n office.- or afrr.t oi turn corj>ofatk)!i. (i) TlietermTedrr-1 a^rncy" mnnt the United St.'.n.tSe Di-trut of Columbia. «i;d <l! f irrutive dep»-tm--n«i. in- depencirn! e>tat,!i.>hnient4. ir!::iini<tr<ti«r a<;fncir.». and in»lrum*nla!i:i— o: t'nr I n:tnl Stales «IK! ol the lU-tnct of Culumbia. includini (urpuralKKi>, a'i or i..ib,t«ntia!ly aJ of the rtuck of which i» Ur.efic.all> o-r<d l.y trv L'nile-1 Slates by l!>e Di-tri-t of Cc>lumbu,«r tnj of the foie^.in^ department*. ewabhwSmmtA. a;e «;-•«. a-ij in<rumeotalilie». Section 3.3 Wexkly statement with i«pcc! to paymrnt o( ^25;^. («) AJ u« J in Ihi. <rction. t'rv: tern "employee" »h»ll r~jt apply to Kfwnt in 'clawificationi or me cl.inic and th<^c W|KJ are the immediate tuj^ervi^jr* of «uch eni-I-^v^ei. th»r> that of laJborer I*., D.C. 10 or 13 9/75 Page 67 DRTGTNAT 6500.3 Exhibit 14 (l>) K-K-I* contractor vr nbcontractor enjn*fil in iKr cor<truclion, (jroscrutioi). completion, or repair of any puUic ii** «»r I'uMic work. or L«iU»i»™ or *ori. fin j nerd i» *-l«cU or in [>4/l by k>JJU or grants from l!*- United 5l-lr<. Ji-iU li cavl* vri-k a >tatemrnl uilli rr»fH:tt !L» ihr v. j^r* ji**d eich of il* employers cn^jgcd on t»Ofk covered bv 29 Cl'*fl 3 *nH ."» dunn- iKr pm-rdtn£ *»<vl 1\ p]\n>Il [>« rt"<L Tlit* Ualnrw^t Jiall l>c cx^cnt^d by the conlrjclor or *uUroi>- ir <* L) an aull«jri/cj officc-r or rnip!o)rr oHhr rcxilrxtor or **iLco<jtrjctor who M;f*?nrix* l\>c p^vntrnt »»f wj^ji.and ff on f«friu WH J Ul. "5t jlritirnt of Conijtluncc*", or oa J» kjcr-.tiol fonu on tlic hack of \V1I 3 17, *"l"j) roll (Kt»r(!on- jiial r^J""or<m any form xitii tdrniM-al wcrinj. ^^aj4c co|.w^ of Wll 317 «nd ft'!! 3 W m*y l< oLuinrt! fron frriiiiirnt cr»nlr^ctui» «x ^-«.n?orin» A^rnry. nuJ ropictof i^ws^1 [ormi nuy l»c pu/clLtord Jt trw: Government Printirj (c) Thr requirement nf llii» ifCtkni flull tiOl »)>]•)* lo *o» con<r»rt of S2.000 IX !<•«. (el) Upon J written finding L) tlif hc»d of » FcdirJ i^-nn. l^f Srcrrlirv of l-i!x>r mxy provide rc»r0nsl>lclimiui>oin, wijtUjitx, iitlrrajicr>, and f\rmi'ttuii* frum lli^ rn^uircrtx^stj ci ite* s<-ctx>n svLJ^cl lo such conditions is tlic Sccrrtjiry of (29K.K.93.J»n. ». 1964. », jrxri,drd it 33 F.R. lOinG.Julr 17.1963] Section 3.4 Submission of wet-kly slaltmf nts arj the prrserotion and inxpecrion of weekly payroll records. {») Flaclt ^ct'kl^ >laU-n»rnl mjuircJ under § 3.3 iluJJ i< dr!^*rcd l»j ll»t conlrjctor or jubco dijsaftrr tliff rrjriiKir ru\ mml Jjtr i>f t!*r j.a\ivll prrwKJ, lo » rtf*r-<-nUli>e i>f * Kcdf r-1 or Slilc J^^nry in C:iaf7<-al Uir •Jlr of Irx: b»ii!di"^ f*f wort. or. if llirrr U no rvpr*-sc"t*!i»t of i Frti-rJ ex Slalc »£*"ncy *( ll'C iJtc of the builJifij; or ^ork. iltr sJ-ft/TTirnl >ln!I \rf mat\rd Lv lS« o*><f roclof or jtitxor.lr^^lor. within stxii tiiiv*-, lu a KcdcrJ or Slate *^cncv rontrai-liit^ fof or fuMiu in^ llir liuiUi'i'* t»r wi>ri» . Aftrr such rxitntmlic-n ir>i cJ-cr*. 05 PUV be mide, s*jeli f-talcci^nt. or * c<»pt llirrrof, tli»l\ be krpt »»ailj!il»-. or ^al! Ix- Iran-mil Ird lM*rl!»tr wiiti 9 rcjo^i oT »ny violation, in acctHdanrc vitli t^^lvza^Ac procrdnrc pfrxribcd by t)tr U'nilcd Stalrk J Jrjijrlinmt of Lj^»or. * (b) tUrh coMtr2*~1or or *.ub<onlfactor >Ju!J |f >-vr\r !*is '-fT^K payroll rrcortis for * period of tK'cr vcarv from rfjtr of ooin|4^li»tt of lite ronlract, 1"l-< pj) r\»ti r/-cur«I% 4u!l vl ocl wc'tfalrK arxi compU-t'-Iy iHr n»me *nd >dj.-r»i of c.irli bl*orrr >ixi nitclijtiic, l»t* furrrvt cia^-if^'jlion. rit^r of pay, dji'v **vi ^rcvl> nu*-nrirT of limir* vorkrd, dcdu<lk>n»i ri^dc. Jtnd aclttal v*^t» paid. 5i«:I> pa} fx.IJ rrf«_rfj> Jull b*- ni»>lr o^adjlitc Jt ii) ti-.isc> for in-^relioii b) ll>< crmlricting officer or iiUautliori^cd ff jtfriCrJ jt'n'r, atxi l»y autUjri^cd rrprrvrUlivo of l':c Dr^ir.^^r.t uf L*Loc. Section 3<5 Payroll dcduciions permissible without app^icMton to or approval of tKa Secretary of Labor, r>educl*(»it> n>»Jc utsjcr ll< cir eurns4ar>rci or in l^tr s*ta*l*-*i* dc>crfb-rd ia t!>c j«arap-*|i!a of I hi* Kcrfon rn«y without applxjlrun to JitJ jp;»n>va! of l*:e ST rrlij-j of Ljiort * (*) Any deduction marl'- in rotnptujicc vilh tl-e rr^orcr:ft>t» of Krdpril. St*tctor loc*l Uwt such at Frdcrjrl or Suic vilJiitril-Jinj; incoinc iavf» ind KcJcral M>TIJ| -^curilj t*\ci^ ) An) d'-durtio'i of >»:r>* j<r*K.n-!j paid It> i'«c «r->i''o^<rr « * I^nj fiHr prepay mrnt of *>'**e* vitt^n sucli propa* men! *t tlJtonl d»-tount or tnTrrcr*. \ *'t>O!'* fijr pir(*J\~r:M of v *^r*"" t< fOrt»:dcfcd to (five l»*ctt r.lJ^e OT»tv v, ):<"» C^>I| OP j«-ol IIA- l"Yii a J» jiM'cd tu ihr pet X>M cmi'*o>cd 11 i*«n ciinr^r ** to p*c Itiiu txrrrj-lctc freedoia of di>fx>r-ilio*i of tl* fund-*. (e) \uj deduct tun of jmo«»tl» r.-tpirrd b\ *<"tirfl j.-Toc*-ii I j V-^ p*^i lo jr>ol!>rr. UI»I^ coi»lr>r|t»f, fiiLrunlrji lur or any afi'ilMlrd jvr.-^jtt. vr >. J^n c^^'vj^cn Of cc^Uborat>on ex^l is in favor of the JT) oft ic=iia^^w*33^v»^*nrio<ra:*C33»p«««=ia^ e 11 of 13 9/75 G500.3 Exhibit 14 BEST Pa9e68 ORIGINAL W«*aa««IKKW™^ {&) Any deduction constituting; t contribution on behalf of tru- r*r-on employed to fumta e-stablijJied by the f mptuyef Or representative's of employe**, or both, for live f.ruj'O^ of firovvjtr.2 either from j-fincipjl or inromc, or both. m*dirat or hospital ctrr, peniioni or annuities on retirement. d*alh t^nefttj., corr>r«rn*Jlion f*»r injuries, i'ineM, accident*. *irV.nei**. or disability, or for insurance to provide any of the forr^jin^. or unemployment benefits*. vacation pi) , <avir,jrt accounts, or w'rruIiT payment* for the benefit of employee*, thrir famiii** and tf>jvndi-nu: iV/nrfrcf. however, That the following standard* «rr met: ( 1 ) The deduction is not otherwise prohtSit-*H by lav, f'J) it t- rith^r: (i) V«»(untanlv mn-rnt*ni to b> tfi<* «>m{tifiyri> in writing *nt! in advance of the pcrkxt in which ttv» work i^ to Ji*- •Jon'' and »urh ri»n-*-nt U rw»l » •^»nd»t»«>n riili«*r ft»r tKr oblai^in* of or for the continuatKMi of em ptov merit, or (»t) proxHrd f** in a \*t't» fi*lt* culI'Ttivf hjr^atnirip ajrfrm»-nt b*-- twecn lh^ contractor Of subcontractor and r^pre*<ntitt*r^ of it* employers.; (,'t; »"» pr»»fil or othrr I>rrt^fil j>«iihi-n*i-4- ithtJtnnl. (Jirectly or Indirectly, by th-» contractor or subcontractor of any aj'ftUatrH prr^on in thp f<>rm r»f rommtv>Hin. <Ii>i<l«*ri4lr or olherwist ; and (4) the deduction* shall $-*r*r IS* ctinkeni^nre and ir.tT»>t t*f th** ^mployrr. (c) Any deduction contributing toward thr purrhj>e of I'mlrJ Matr* [)efrn^r Sl ued by the employer. p^ anH |> *»I»«*n, volunlanly (f) Any deduction requested by the employe** tu r niblr him !o repay I*»an* l*> »>f Iti purvhaxr ^I:arr* in rrrjit; unk*ri« Organi*rt5 Jmd operated in •ccordanc'* wiiK F**d-ral and ^talc credit union statute*. (g) Any deduction voluntarily authorized bv lh^ emp^»yce for lh*- mjVin^ *>f rontrihutions to governmental *rf <|u^i- governmental agcnciej, such ** the American Red Cro*«. (h) Any Jrduction vi>bu^tanly authorized by the rmplojec for the ma.*on£ of r«intril*ulions to Community Cl»*-sl*, United Civet* Fund*, wui sJau'i*r charit*i>!e or^api/Jl^ns,. (i) Anv i!fducti«»n> to pay f£u!ir union initiatyjn fre^ and rn'mrvr^hin dtie*. not iiiclitding fine* or fp^cial a^ewwn'-nt-1*: Profiled, kou fier. That a collective bir^*ininj jrrfrm'-m bf t^-^^n U»" ron'.rj**t"r i>r Mjb-'untrarliM- *nd repfr^nta lives uf its employer* provide* for such deductions and th* cieduclx»n^ ar^ not oth^r>-»-^ pmrul»ile<] by law. (j) Any deduction not monr than for the *"rra*-«)naMe ro-l"of t"»ard. U-vl^n^. or other faotil**"* rnc-ctlr-g th^ mjujre- ! pienl* of j-^flion 3(m) of the Fair l-abor Mjndird* \rt *>f I'/"^i. a- amrn.In!. sr^l i'ift 5 i 1 uf tJii> (J:fr. When such a d'-clnclion 13 m^e the a Jiii>>nal record* rrquir^d undrr § 5 Ifi^TT (a) of l hit til?" «-KjJI br k-j.t. Scctt«5n 3.6 Payroll deductions pcrmLvsibl?' >*ith the approval of (he Secretary of Labor. Any contractor or RubcontrsrUir mav ajiplv to lh»- St'Trtarv of Ijil-*»r f(.>r |frini.vHm I'* make juv drdurlMXi n*>[ \*~r- tnitted onoVi § 3-5, The 5**-crfiaj) i.-tay £t*t\i j-rmivKm v.Ii^n'-^er h>- find* lhj(' (a) Thr contractor, subcontrirlor. or sn\ aTf ilut'-'l j^-rx-n J«^-s rw>l rr.Ae j j»rf«f*l <if t^nefii dirrrtly »ir indirectly fr<»m tSr deduct ion cilhrr in the form of * commis>Mm. dnidend. *>r olhTw^^; (b) The deduct*jm IA not otherwi** jirrihihitw} bv law; (c) The drdurtion i> ctlhrr (1) voluntarily cor>— rn'.rd 1*» by lh- crrrj-loyee in v»rilin; and in *.ivj:uf- «.f I!K- [-rn»«J in v*hich tS<? worV. 15 tu L" don? and ^ui li conr^nl ts p«jl a ct,'i:'Iit^>n "illirr for t!«r nl»tai"i^ «»f * inj-l'j^ iner.t *.r il- rontmti.tnrr , <ir (^1) providrj fc«- in a b*.na fi.le cuil-ctivr hjr^jininJ jprement b^lween th" finira. t<f or .<.iil>n»tt|r>rt>»r i:id rcj.r-"^-ntjtivfv «if iu emp^yrc-*; afid ^d) Hie tleJutilon ?*rvc» ihr conveniencf at.J in1ere-4 "f lt»e rnij^Myre. 12 of 13'9/75 . u 'age 69 DEOfl-nRiniMl\iflRIRINffl ~' Section 3.7 Application* for the approval of iNc Secretary of Labor. ; * •. Any application f»ir lJit« puking of |»«) rull Jnlitr I *•»<*» under "§ 3.(* »liall cv:nj4y -with ibr r»cjuirrirnciil> pr<-cril<r<J m tlic n*j pjrd£TAph»of this vet ion; (a) The »|*|»Iioiioii5lull b<- "* *ril*it»aiiJ >IwM b* *iV]w«<ti lo tt«-5ccrrtary ofl-il-«. (b) The appticalion j-haU i.Ientif> thr ronlra«:l or o^»:r^ciiu»*H»T **!iir!i |T*^ woiV In ^ur>J*on is to l*r p*^f<x^«^J. Tcr- DLSMjii vill Be gi»f n fcf dcJuvilon> o»!y on ijn-i ifi<t iJmlifirJ conlrjct*. r\« cj»t uj-jn a ^^,^1.^ of ciccplioivJ c*'tuii*jlAn''c {c} Tli^ ipjv1k-*lMjn fliall Ualc «fftnnali\elv tlut I!KTT r» cocnpltaiK** willi thf *-ljni*r«ii s^J, fortli in ihe jxt^i-ions of § 3.6. The Jiffirntatioii ^lult lx* ^co>*njjanitrd by A full sl^Tivrnl o^ t'if fict> im3^c*lin£ >ocn ronajniance. ^<J) Thr application shall inclu«le J ijracripliun of lir prop«j-«} dcdn«tio«t. ihc p*u-jo*r to-b^ «T»ctJ thcrc>\ . *mJ tHe tljiSfrr« of W>firrre o* mrchinics from v.l»osc » *£C5- tlif j (c) Tlic Jtpp!icjtk»n shall *4ale the nar>r jnd bitoiix^of anr l?tirtl pcrxmto whom >#«y fu-xi» oblainrJ fro« "!*r duct >ons arc lo b« (ransintttcd and iKr sffiiia'.ioo of >i>rlj orr>un, if jnv. v-UH tl-r i:-^4fC»nU Section 3.8 Action by the Secretary of L^bor upon applications. TK? Secret *ry of I-ilor shall d^cidr wKcl?irr or not u%e rrrjj<rUcd dnJi»clkm t* f^rrrwi>'r- oradcr prr>*-:sk>'r* of § 3.5; rotify the Applicant ti» v^nilng of his ilccUioo, Section 3.9 Prohibited payroll deductions. «t \ * - Deduction* not c!«wh*re provklcd fur by this part *rsd vhxli ire not fours} to l-e pcmisfOi*1 un&er 5 3.6 a*e j-rc!J V Section 3.10 Methods of payment of wages. Th» payment of w*^rs «Jii!l t<r by ca-*h, nr»otul*!r ir.^rmnrr.li p>;\ *tl<- on dtmsnd.or l^c j«id lion for >» Sich deductions jrc pcrmiv^bl* under this part. No olricr mcl^oii of j-ivr^tnl iC«iJi Sr rtct>*iurcx3 o.t voci, v:S^ect lo ll>c Coj^l^ad Act. Section 3.11 Regulations port of contract. All eontrjrli m»i!r with n*$p^cl to l!ir con'truction.-prcr-ecwt-^n. e<>n;«*ftioj. c-r rf-jr oT*«v pjW:c buiW-rtfor j-c.*j!ic work or building or wrxk finiiiced in v. hcl* or in part b> liJn? or rraml^ from lt;r t nil* J 5li!r» covrrcd Lv t V rr£x~Jl>t"^ i.^ tKi$ jiart »Ii>lI esprc.^ly bi'«d I lie contractor or subcontract* to ct>n^j*'y xii-i such of t.hc rrfi-lxicn* in l*n* p*rt ii ST.AV ixr ap- plicable. !n this rf gjrd. u-c § 5.5 (i) uf ll.i* suUitte. fcncj^ i 13 of 13 . 9/75 Page 70 GENERAL PROVISIONS 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 streetscape improvements as shown on the construction 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 (h ere inaf ter des ignat ed S'SPWC ) a~s issued by the Southern California Chapters of the American Public Works Association and these contract documents and specifications. The construction plans consist of 8 sheets designated as City of Carlsbad Drawing No. 220-2 . 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 preconstruetion conference. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion with in 100 consecutive calendar days from the date of receipt of said "Notice to Proceed". If the completion date shown on the Notice to Proceed letter is not met by the contractor, he will be assessed the daily salary of the City Inspector for each working day beyond the completion date, as damages. 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 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. Page 71 6. WaterforConstruction 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 wa-shdown, 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 replacement 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 materials 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 sweepers, 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 removal of •bituminous pavement in the City streets. However, the bituminous pavement shall be sawn at removal lines determined by the Engineer. Page 72 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 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 excercised 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 obstruction that requires a design change or special construc- tion method, he/she shall immediately contact the Engineer for supplemental 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 provisons of Federal, State, and municipal safety laws and. building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions 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 shall notify the City of Carlsbad Police and Fire Departments 24 hours prior to beginning work. In addition, the contiguous property owners shall be notified 24 hours prior to beginning of work and also during the progress of work if sub- stantive traffic flow changes or driveway closures will affect their operations. 12. Cutting, Pa t c h i n g 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. Page 73 13. TRAFFIC REQUIREMENTS IN CARLSBAD CITY STREETS: Th e Contractor shall arrange his/her work Tn su c~h~ a manner that the following traffic requirements are satisfied: A. Provide and maintain one 12-foot traffic lane during Contractor's normal working hours and two 12-foot traffic lanes after normal working hours for all streets. Any one street shall not be simultaneously reduced to two lanes at more than one location. B. The complete closure of any street requires prior approval of the Engineer. C. Vehicular access to any property in the project area shall not be blocked off. 14. TRAFFIC CONTROL IN CARLSBAD CITY STREETS: The traffic control includes the construction of detours, street closures, and related work necessary and required for • the construction of the storm drain. A. Notifications: The Contractor shall notify the following City departments 24 hours prior to the start of work on this project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-5541 Police Department - 438-5511 Fire Department - 438-5521 The City of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs to be posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be removed by the Contractor immediately when not required to facilitate the work. B. Barricades, Guards and Safety Provisions: To : protect persons from injury and to avoid property damage, adequate barricades, bridging, construction signing, warning lights and guards as required shall be placed and maintained during the progress of construction work and until it is safe for traffic to use the street or highway. All piles of materials, equipment, pipe and other objects that may serve as obstructions to traffic shall be barricaded and have warning lights. Page 74 The warning lights shall be of intermittent flashing type, amber in color and shall be working from one-half hour before dusk continually until one-half hour after dawn the following morning, and when visibility is poor. All safety rules and regulations of local and State authorities shall be observed. Portable delineators, including the base, shall be composed of a material that has sufficient rigidity to remain upright when unattended and shall be either flexible or collapsible upon impact by a vehicle. The base shall be of such shape as to preclude roll after impact. The base shall be of sufficient weight or shall be anchored in such a manner that said delineator shall remain in an upright position. If the portable delineators are damaged, displaced or are not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The vertical portion of the portable delineators shall be predominantly orange color. The posts shall be not less than 2-1/4" in width or diameter, if tapered, shall have a cross- sectional area of not less than 100 square inches measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be 37 inches above the traveled way . Fluorescent traffic cones shall be of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of sufficient weight and size or. shall be anchored in such a manner that the traffic cone will remain in an upright position. C. Traffic Control: In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades and other facilities for the sole convenience and direction of public traffic. Page 75 Also, where directed by the Engineer, the Contractor shall furnish competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion -of the roadway open for use by public traffic. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems. The Contractor may be required to cover certain signs which regulate or direct public traffic. The Engineer will determine which signs shall be covered. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. All streets and highways used by the Contractor shall be kept free of debris, dust and mud by the Contractor. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Any proposed modifications shall be approved in writing by the Engineer. Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. Page 76 One telescoping flag tree with flags shall be placed at the beginning and at the end of the'*«*#• r taper. Whenever work is being performed adjacent to a lane carrying traffic, the edge of lane or edge of pavement shall be delineated by placing temporary portable delineators adjacent thereto. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may •direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices. Full compensation for furnishing, placing, maintaining, replacing and removing construction signing, barricades, delineators and traffic cones; for covering signs as directed by the Engineer; and for furnishing flagpersons *""* shall be considered as included in the various contract items of work involved and no separate payment will be made therefor. 15. DUST CONTROL: The Contractor shall furnish a water supply vehicle on the job site. The Contractor shall apply water in the amounts and at the intervals as directed by the Engineer. The water supply vehicle and an operator shall be available upon a reasonable notice as determined by the Engineer for after-hour, weekend, or holiday dust control work. If the Contractor is not available for dust control measures, the City will arrange for the work to be performed by others and will deduct all equipment, labor, and material costs thereof from the contract amount. The Contractor shall place a 1" thick temporary pavement over storm drain trenches within intersections as soon as they are backfilled to prevent dust from cross traffic. The Contractor shall furnish a street sweeper vehicle on the job site and shall sweep areas as directed by the Engineer. .16. NOTIFICATION TO RESIDENTS AND PROPERTY OWNERS: It shall be the responsibility of the Contractor to notify in writing all property owners and residents along any *** street closed to traffic at least 24 hours prior to ***" closure . Page 77 If driveways are to be closed, the property owner and/or resident shall be notified in writing 24 hours in advance, and the period of closure shall be specified to the affected resident or property owner. All costs involved in notification shall be absorbed in other items of work. In the event of failure to notify by Contractor, the Contractor shall, at the direction of the Engineer, restore property access immediately. 17 . PROTECTION, RESTORATION AND CLEANUP OF EXISTING IMPROVEMENTS : The Contractor shall be responsible for the protection, restoration or replacement of any improvements existing on public or private property at the start of work or placed there during the progress of work and not specified or shown on the plans to be permanently removed. Existing improvements shall include, but are not limited to curbs, gutters, cross gutters, sidewalks, driveways, lawns, shrubs, trees, fences and walls. All existing improvements shall be reconstructed to equal or better the existing . improvements removed or damaged. The Contractor shall select his/her equipment with a view of minimizing the damage to street. The equipment or the type of construction method used which tends to inflict unnecessary damage to the street, in the judg'ement of the Engineer, may be ordered discontinued unless the Contractor demonstrates, to the satisfaction of the Engineer, that modifications to his/her methods or equipment will not inflict unnecessary damage to the street . In submitting a bid, the Conractor will be deemed to have carefully examined the site of the work and to have become acquainted with "all conditions relating to the protection and restoration of existing improvements. The City does not guarantee that all improvements are shown on the plans and it shall be the Contractor's responsibility to provide in the bid for the protection and restoration of all existing improvements except those otherwise specified herein. All curbs, gutters, sidewalks and driveways shall be removed and replaced to the next joint or scoring line beyond the actually damaged or broken sections; or in the event that joints or scoring lines do not exist or are three or more feet from the removed or damaged section, the damaged portions shall be removed arid reconstructed to neat, plane faces. Page 78 All new concrete shall match, as nearly as possible, the appearance of adjacent concrete improvements. • The Contractor is required to conduct concurrent cleanup operations as the work proceeds. Portions of the job other than those allowed in Item 13 shall be completely cleaned of dirt, debris, trench spoil, equipment and construction material; and areas are to be completely restored. An exception may be made for final repaying, except that all areas shall be completely repaved and ready for final inspection within a month (30 calendar days) subsequent to placement of conduit or stripping of forms. 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. All costs involved in protection, restoration and . cleanup of existing improvements shall be included in other items of work. 18. MAXIMUM LENGTH OF OPEN TRENCH: Except by special approval by the Engineer, no more than one 500-foot reach or fractions thereof of storm drain pipe laying operations, including trenching and backfilling, shall be under construction at any time. All costs involved to comply with these requirements shall be included in the prices bid for various items of work. 19. STORAGE OF MATERIALS IN PUBLIC STREETS: No materials shall be stored in public sidewalks or driveways. No materials shall be stored other than those where the storm drain is to be constructed as part of this contract, and then only within the limits of the construction subject to the additional restrictions listed be low. A. Storm drain, sewer and water pipes may be stored on public streets for a period not to exceed five working days. B. Excavated and backfilling materials may be stored within 500 feet of the pipe laying operation only. C. Construction equipment including shoring materials, fencing, and forming materials may be stored within 500 feet of the pipe laying operation only. Page 79 All cost involved to comply with the above requirements •****'' shall be included in the prices bid for various items of work. 20. UTILITIES: Utilities for the purpose of these specifications shall be considered as including, but not limited to, pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) and those of private industry, business or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, street lighting and traffic signal systems. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all utilities and their service connections. The Contractor shall make his own investigation as to the location, type, kind of materials, age and condition of existing utlities and their appurtenances and service connections -»--• which may be affected by the contract work, and in V. addition he shall notify the City as to any utility, appurtenances and service connections located which have been incorrectly shown on or omitted from the plans. Page 80 SPECIAL PROVISIONS DIVISION 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 sidewalks, 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 3QO-1 of the SSPWC and these Special Provisions. All concrete, asphalt paving, and other materials removed shall be disposed of in a manner acceptable to the Engineer. The cost of the material disposal shall be deemed included in the lump sum price bid for clearing and grubbing and no additional payment will be made therefor. 2 . Trenching and Back f ills 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. 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 beneath the pavement areas and within 2-1/2 feet of the top of pavement grade shall be compacted at 95 % comp action. Payment for trenching and backfill shall be considered as included in the cost for the individual items of work and no additional compensation will be made therefore. -* • 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. Page 81 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. 4. Concrete Curbs and Gutters, Sidewalks, Cross Gutters, Spandrels, Driveway Approaches, Local Depression and Concrete Paver Edging A. The construction of concrete curbs and gutters, sidewalks, cross gutters, spandrels and driveway approaches and local depression 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 th SSPWC and these special provisions. E. Joint dowel bars shall be 1/2 inch ASTM A615 Grade 60 steel. F. Brush markings on sidewalks, driveway approaches and concrete paver edging 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. Page 82 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. Measurement and payment for concrete curbs and gutters, sidewalks, cross gutters, spandrels, driveway approaches and concrete paver edging shall conform to Section 303-5.9 of the SSPWC. I. 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. J. The cost of any excavation, fill or other street construction work not specifically listed as a bid item shall be included in the bid prices for various items of work and no additional payment will be made therefor. 5. Asph a 1t Jo in 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 replaced with a structural section consisting of 3" of asphalt, concrete over 6 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 Provisons. 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. 6. Aggregate Base A. Aggregate base materials shall conform to the requirements of Section 301-2.1 through Section 301-2.4 of the SSPWC. Page 83 B. Aggregate material supplied shall have a minimum water content of 3% at time of weighing. Asphalt ConcretePaving 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 203-6.3.2 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 o 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 emulsion. 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 emulsion with a 60-70 grade liquid asphalt. F. Before final acceptance of the work the contractor shall, in the presence of the City Inspector, test all paved areas for correct water run off by flooding with water from hydrants. Any area where water remains standing shall be brought to correct grade to prevent ponding. G. Compensation for the asphalt concrete paving and aggregate base, including prime, seal and tack coats for the parking lot and roadway join section, complete and in place, shall be included in the unit price bid for these items of work and no other compensation will be made therefor. Seal Coat Existing Paving A. Existing paving shall have a seal coat applied at the rate of 0.10 gal/SY within the limits shown on the plans. B. Seal Coat shall be type SSI asphaltic emulsion with a 60-70 grade liquid asphalt as specified in Section 203-3 of the SSPWC. C. Payment for seal coat shall be on a square yard basis com- plete and in place, and no other compensation shall be made therefor. Page 84 9 . Interlocking Pavers All interlocking concrete paving stones shall be in accordance with patterns as shown on these plans where designated. These products shall be Finetta pattern, as manufactured by MULLER SUPPLY COMPANY, or approved equal. Mat er i al s A. All interlocking concrete paving stones shall conform to the following specifications: (1) Pavers shall have a minimum compressive strength of 8,000 P.S.I, in accordance with testing procedures ASTM C-140 . (2) Materials used to manufacture interlocking concrete paving stones shall conform to the following: a. Cement - ASTM C-150 (Portland Cement) b. Aggregates - ASTM C-33 (washed, graded sand and rock, no expanded shale or lightweight aggregates) (3) Size, shape, design and colors shall be in accordance with details as noted on plans. B. SAND LAYING COURSE - Should be a clean washed sand with 100% passing a No. 4 sieve size and a maximum of 3% passing a No. 200 sieve size, this is commonly known as plaster sand. (1) Thickness of sand laying course should be uniform to insure an even surface. The designed thickness should be a maximum of 1 inch. (2) The sand laying course should be the responsibility of the paving stone installer. C . Pavers shall be clean and free of foreign materials before installation. Installation should start from a corner or straight edge and proceed forward over the undisturbed sand laying course. Paving work shall be plumb, level and true to line and grade; shall be installed to properly coincide and align with adjacent work and elevations. (All edges must be retained to secure the perimeter stones and the sand laying course.) D Page 85 (1) Paving stones should be installed hand tight and level on the undisturbed sand laying course. String lines should be used to hold pattern lines true. (2) A Roller Vibrator or Plate Vibrator should be used to compact the stones and to vibrate the sand up into the joints betwen the stones. (3) Plaster sand should be spread over the installed paving stones so that it may be vibrated into the joints between the stones. (4) Excess sand should be swept into the joints or disposed of from the surface area. (5) The completed paving stone installation should be washed down and cleaned to provide a clean finished workmanlike installation. F. Cutting of paving stones can be done with either a double bladed breaker or a masonry saw. However, when cutting is required in roadways or precision designed areas a masonry saw is recommended. G. The contract price bid for the int.erlocking 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 specified on the plans and as directed by the Engineer. 10. Textured Concrete A. Textured concrete shall be Bomanite or an aproved equal of a texture 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 interlocking pavers and as directed by the Engineer. 11 . Precast Bollards A. 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 specified on the plans and as .directed by the Engineer. Page 86 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 the San Diego Gas & Electric Company. (2) Provision of new meter pedestals per local codes. (3) Installation of underground conduit to serve irrigation controllers and wire as specified on the construction plans . C. The contract prices bid for electrical service shall include full compensation for furnishing all labor, equipment and materials for each of the items, complete and in place, as shown and specified on the plans, as specified in t.hese Special Provisions and as directed by the Engineer. 13 . Asbestos Cement Pipe A. Asbestos cement pipe shall conform to Section 2C7-6 of the SSPWC. B. Asbestos cement pipe shall be installed at locations indicated on the plans. C. Pament shall be per lineal foot, in place, per Section 306- 1.6 of the SSPWC, and shall include all excavation and back-fill necessary for the installation of the pipe to line and grade as shown on the plans and no additional compensation will be allowed therefor. 14. Reinforced Concrete Pipe A. B. C. Reinforced concrete pipe shall conform to Section 207-2 of the SSPWC. Reinforced concrete pipe shall be 15" & 18" inside diameter, 1350D, installed at locations indicated on the plans. Payment shall be per lineal foot of pipe, in place, per Section 306-1.6 of the SSPWC, and shall include all Page 87 w excavation and backfill necessary for the installation of the pipe to line and grade as shown on the plans and no additional compensation shall be allowed therefor. 15. CurbInlet per Std. D-28 and D-2 A. The construction of the curb inlets shall conform to Secton 303 of the SSPWC. B. Portland Cement concrete shall be 3000 psi and shall conform to Section 201-1 of the SSPWC. C. Payment shall be on a per each basis, complete and in place, and shall include all connections for pipe, exca- vation and backfill, and no additional compensation will be allowed therefor. 16. Reconstruct Existing Manhole A. Connection of new pipe to existing structures shall conform to Sections 303 and 306-1.2.2 of the SSPWC. B. Portland cement concrete shall be 3000 psi and shall _ conform to Section 201-1 o.f the SSPWC. C. Payment shall be on a per each basis, and shall include all work necessary to provide a smooth flowline confluence, and no additional compensation will be allowed therefor. 17. Polyvinyl Chloride Plastic Pipe A. Polyvinyl chloride plastic pipe shall conform to Section 207-16 of the SSPWC. B. Polyvinyl chloride plastic pipe shall be installed at locations indicated on the plans. C. ' Payment shall be per lineal foot, in place per Section 306-1.6 of the SSPWC, and shall include all excavation and backfill necessary for the installation of the pipe to line and grade as shown on the plans and no additional compensation will be allowed therefor. Page 88 i | \ 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 Standard Drawings, July, 1979 1-1 to 1-30 series. 3 . Submit t als 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 specification. B. Supply prior to final inspection, the following operation and maintenance manuals: (1) Furnish four individually bound copies of operation and maintenance manuals. These manuals shall describe the material installed and shall be in sufficient detail to permit operating personnel to understand, operate and. maintain all equipment. Spare parts Lists and related manufacturer identification 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 number, 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. C Page 89 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 transfer 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. C. The contractor shall dimension from two permanent points of reference, 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. (?) 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. Page 90 Controller Charts A. As-built drawings shall he 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 automative controller and shall be the maximum size controller door will allow. D. The chart is to be a reduced drawing of the actual as- built system. 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 readable when reduced . E. Chart shall be blackline print and shall be colored witha differentt color for each station. F. The chart shall be mounted using Velcro, or an approved equal type of tape. G. When competed 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 inspection of the irrigation system. PVC Pressure Main Line Pipeand Fittings A. Pressure main line piping for sizes 2 inches and larger shall be PVC Class 315. B. Pipe shall be made from an NSF approed Type I, Grade I, PVC compound don forming to ASTM resin specification D1784. All pipe must meet requirements as set forth in Federal Specification PS-22-70, with an appropriate standard ddimension (S.D.'R.). ( So 1 vent-weld Pipe). C. Pressure main line piping for sizes.1-1/2 inches and smaller shal be PVD Schedule 40 with solvent welded joints. D. Pipe shall be mde 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. (SoIvent-weld Pipe). Page 91 W E. PVC solvent-weld fittings shall be Schedule 40, 1-2, II-I NSF approved 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 manufacturer. G. All PVC pipe must bear the following markings: Manufacturer's name; nominal pipe size; schedule or class; "pressure rating in PSI; NSF (National Sanitation Foundation) approval; and date of extrusion. - H. All fittings shall bear the manufacturer's name or trademark, material 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 (Maufacturer's name an 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 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. C. Joints shall be soldered with silver solder, 45% silver, 15% copper, 16% zinc, 24% cadmium, and solidus at 1125° F. and liquidus at 1145° F., conforming to specifications ASTM B206-52T Bag-1 and Federal QQB 00655. Page 92 ,**..L. 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 galvanied, 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 wth 1/16 inch thick asbestos fibergaskets. 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 manufactured 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 a shown on plans . Page 93 13. Backflow Prevention Units A. Backflow prevention units shall be of size and type indicated on the irrigation drawings. Install backflow prevention units in accordance 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 #100B or approved equal. 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 rubber 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 eq.ual. 15. Control Wiring A. Connections betvreen the automatic controllers and the electric control 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 wires 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 connection 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 withdrawing the pipe. Page 94 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 splies between the automatic controller and electrical control valves will not be allowed without prior approval of the architect. 16. Automatic Controllers A. Automatic controllers shall be of size and type shown ontheplans. 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 irrigation cont ractor. 17. Electrical Control Valves A. All electrical control valves shall be the same manufacturer as the automatic controllers. B. All electric control valves shall have a manual flow adj u s tment. C. Provide and install one control valve box for each electric control 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 electrical 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. Page 95 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 manufacturer. 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 changes caused by actual site conditions. 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 no n pressure lines. 23 . Backfill ing A. Initial backfill on all lines shal be of a fine granular material with no forei. gn matter larger than 1/2 inch in size. Page 96 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. Taiap 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 . As semblies 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 respective 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 Arch it ec t . D. PVC pipe fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods -shall be as recommended by the pipe and fitting manufacturer. 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. Page 97 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 numerical 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 connected, 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 system has been accomplished to the complete satisfaction of the architect. 30. Sprinkler Heads A. Install the sprinkler heads as designated on the drawings. Sprinkler heads to be installed in this work ••»«*• shall be equivalent in all respects to those itemized. Page 98 B. Spacing of heads shall not exceed the maximum indicated on the drawings. 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 operating condition. The exercise of this right by the City shall not relieve the Contractor of 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 .:(W0to>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. 3 3 . Field Q u a1i t y C o n t r o 1 A. Adjustment of the System (1) The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. (2) It it is determined that adjustments in the irrigation equipment will provide proper and more adequate : coverage, the Contractor shall make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes and degrees of arc as required. (3) Lowering raised sprinkler heads by the Contractor shall be accomplished within 10 days after notification by the City. Page 99 (4) All sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the plans. B. Testing oflrrigation 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. NOTE: Testing of pressure 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. (5) All hydrostatic tests shall be made only in the presence of the Architect, or other duly authorized 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 plant i. ng areas is complete and adequate. 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 indicated on the drawings when it is obviously inadequate, without 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 requ irement s. Page 100 34 . Maint enanc e 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 . Cl eanup Cleanup shall be made as each portion of the 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 cond it ions . 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 acceptable by the Inspector shall be reworked to the complete satisfaction of the Architect. B. The Contractor shall show evidence to the Architect that the City has received all accessories, charts, record drawings, and equipment 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 supplementary 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. Page 101 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 unusual abuse, or neglect, excepted. We agree to repair or replace 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 therefor upon demand. PROJECT LOCATION CONTRACTOR BY ADDRESS PHONE DATE OF ACCEPTANCE 38 . Payment .The bid price paid for the irrigation system shall include full .compensation for furnishing all labor, materials, tools, equipment, and incidentals 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. Page 102 «**»» STREET FURNITURE 1 . Scope of Work This work shall consist of all materials, labor, tools and incidentals required to satisfactorily complete the installation of all street furniture as shown on the plans, specified herein and as directed by the City of Carlsbad. 2. Street Furniture A. Bollards Manufactured by:Artlo Industries Orange, CA Style: BO-R-1036-12 Color: Cement Texture: Acid Etched Waste Containers Manfactured by:Quick-Crete Products Corp. Newport Beach, CA Style: Model D Color: Cement Texture: Acid Etched Accessories: 1. Low Profile top cover spray painted with 2 coats epoxy paint in color to match pavers. 2 . Plas tic L iner Quick-Crete Products Corp. Newport Beach, CA Style: 24" diameter Co lor: Cement Texture:' Acid Etched Note: Fabricate with 12" opening in bo11 om. D. Trim Tape (for items C&D) Maufacturedby: 3M Type: Scotch Plastic, type No. 471, , 1" wide Color: Architect select to match paver color Plant er s Manufactured by: Tree Grates Manufactured by:Urban Accessories, Snohomish , Wa. Type: Flat Grate Size: 5'0" diameter Accessories: l"xl" steel edge frame with rod rebar Page 103 F. Tree Guards Manufactured by. Urban Accessories, Snohomish, Wa. Type: R (rolled) with center bar cage Finish: Factory finish Color: Black 3. Installation A. All street furniture shall be installed using the latest edition of the manufacturers installation specifications as a minimum installation standard. Any provisions detailed on the plans which exceed those minimum standards shall be included. B. Bollards shall be installed with a minimum imbedment of 18' into surrounding earth. Surrounding earth shall be compacted in a manner and to a dens ity acceptable to the City of Carlsbad. C. Waste Containers and pre-cast concrete planters shall be epoxy glued to 4" thick concrete pads or sidewalks as indicated on plans. Epoxy shall be EPON 828 concrete epoxy with hardener No. 1201 distributed by Hastings Plastic Co., Santa Monica, CA. Contractor shall prepare top of slab where furniture is to be adhered by "roughing- up" the surface with a chisel and thoroughly cleaning away debris and dust. No curing compounds shall be used in or on the concrete pads. D. Trim tape is self adhesive and shall be applied in the reveal cast into the container or planter. Tape shall be applied double wrapped around container or planter. Color shall match paving stones. E. Tree grates shall be bolted together per manufacturers specification . F. Tree guards shall be bolted to grates per manufacturers specifications . 4. 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. Page 104 Ins pections A. All inspections herein specified shall be made by the City of Carlsbad. The Contractor shall request inspection at least 24 hours in advance of th time inspection is desired. Inspection is required as follows: (1) When furniture has been delivered to the site. (2) When furniture locations have been spotted for installation but before footings are excavated where applicable. (3) The Contractor shall be required to have a complete inspection and approval of all streetscape furniture items: At the end of the landscape construction period. Notify the City of Carlsbad at least 7 days in advance of inspection. (4) At the completion of the 60-day maintenance period, an inspection shall be required by the Contractor to obtain final approval. Notify the City of Carlsbad at least 7 days in advance of inspection. Guarantee and Replacement A. Submit a x^ritten 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 any defective materials and/or workership at no additional cost to the City. (1) The Contractor, when notified by the City, shall remove and replace all guaranteed materials which, for any reason, fail to meet requirements of guarantee. Replacement of materials shall be made to same specifications as required for original planting and all replacements shall be guaranteed as specified for original materials. Cl eanup A. Upon completion of construction and before final acceptanpe, 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 City ofCarlsbad. Page 105 8. Paymen t Street Furniture. The contract price bid for street furniture shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing and completing the installation of street furniture shown on the plans and as specified in these Special Provisions and as directed by the City of Carlsbad. Page 106 LANDSCAPE PLANTING 1 . Scope o f Work This work shall consist of plant area preparation, weed control, the furnishing and installation of all plant materials, the planting of groundcover, shrubs and trees, the furnishing and installation of all other material, labor, tools and incidentals required to satisfactorily complete the landscape planting, as shown on the plans, as specified herein and as directed by the City of Carlsbad. 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 cxistom lightweight mix areas shall be required after completion of planting to assure all specified amendments have been provided. (4) The testing laboratory shall be one approved by the City of Carlsbad 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 City of Carlsbad. C. Certificates: The Contractor shall furnish a certificate of delivery slip with each delivery of material in containers or in bulk. Certificate shall state source, quantity, or weight, type and analysis and date of delivery. Deliver all certificates to City of Carlsbad. 3. Page 107 D. No substitutions will be permitted without the approval of the City of Carlsbad. Rejected materials shall be removed from the site by the Contractor . Soil Materia1s 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 electrical 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. (2) Samples of the import soil shall be submitted to the City of Carlsbad for analysis prior to backfilling. On receipt of a soils analysis 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% nitrogen. (1) Particle size, dry weight basis: Percent passing 95-100 80-100 0-30 Seive Size 6.35 mm (1/4") 2.38 mm (No. 8,8 mesh) 500 micron (No. 35, 32 mesh ) (2) Organic content as determined by ash analysis: Minimum 94% based on dry weight. Page 108 ( 3 ) Chemis try 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. Commercial fertilizer shall be GRO-POWER 5-3-1. D. Ferrous iron sulphate shall be first quality commercial grade. E. Agricultural gypsum shall be first quality commercial grade. F. Root hormone shall be Super Thrive or Hormex or approved equal. Guying Materials A. Guy wires shall be galvanized twisted clothesline wire, guage No. 9, as appoved. Submit s ample. 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. Sumbit s ample. C. Hose for covering wires shall be 3/4 inch reinforced black rubber garden hose. See detail. D. Flags shall consist of while neoprene hose, 3/8 inch diameter, 5 feet long. Staking Materials A. Stakes shall be galvanized steel pipe, 1 inch in diameter by 10 feet long minimum actual d imens ions. B. Ties shall be 30 inch rubber tire tie as manufactured by Gro-Straight, 1442 Mazada Drive, Walnut Creek, California. Page 109 Plant Materials A. Planting materials shall be furnished by the Landscape Contractor in quantities and/or spacing as indicated or noted for each located and shall be of specis, 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 the 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 materials shall have been inspected and released by the County Agricultural 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 City of Carlsbad prior to their placement for planting. Materials not up to specifications will be rejected. Per formance A. Soil Preparation (1) All on-grade planting areas shall receive per 1,000 square feet of area the following: a. Four cubic yards of Nitrogen Stabilized Redwood Shavings. b. 150 pounds GRO-POWER 5-3-1 commercial fertilizer. c. 200 pounds of agricultural gypsum. d. Broadcast uniformly and rototill into upper 4 to 6 inches of soil. Page 110 e. 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 GRO-POWER 5-3-1 commercial fertilizer.....20 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 treatment is necessary. General Planting A. The City of Carlsbad shall approve all planting areas prior to the installation of any materials. Placement of plant materials shall be approved before holes are dug. Stake plant locations and secure approval from the City of Carlsbad before excavating pits, making necessary adjustments as directed. B. Specimen trees shall be located prior to installation of irrigation system as directed by City of Carlsbad. C. i 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. Page 111 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. All new trees shall be planted with deep root control barriers all around tree well. Type: Barrier shall be 10-24-50-B manufactured by Deep Root Corp., 5995 S. Sepulveda Blvd., Suite 301, Culver City, CA 90230. All existing trees to remain (on Grand Avenue only) shall have the same root control barrier installed as indicated on landscape plan. G. Backfill with prepared b-ackfill mix. No soil in a muddy condition shall be used for backfill. No filling shall be permitted around the trunk of the plant s . H. 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. I. Grade areas around plants to finish grades and dispose of excess soil. J. Any plant material damaged in planting operation shall be replaced at once. K. Prune plants according to standard horticultural practice as directed by the City of Carlsbad. L. Upon completing all planting operations and again as a requirement just prior to final inspection, all soil between plants shall be lightly cultivated, weeded and neatly raked. Planting Trees and Shrubs A. Prepare pits as specified above. B. Allow top soil backfill to thoroughly water settle to the proper level of planting. Page 112 C. Place the tree or shrub and backfill with prepared backfill mix as specified. Thoroughly wat er settle. D. Stake or guy trees as detailed on the drawings. E. Apply Root Hormone to each tree and shrub as follows: (1) Construct 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 manufacturer. (3) Tree balls shall be set before application of Root Ho rmone. 10. Ground Cover Planting A. Plant ground cover areas so designated on plans . B. Finish grades shall meet approval of the City of Carlsbad prior to soil preparation. 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. 11 . Pert ilizing Aft er Plant ing A. All planting areas shall receive an application of GRO-POWER 5-3-1 commercial fertilizer at the rate of thirty pounds p.er 1,000 square feet 30 days after planting. B. Fertilizer application shall be repeat ed at 30- day intervals until the end of_maintenance period. Page 113 12. 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. C. Maintenance shall include continuous operations of watering, weeding, 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 cultivated and weeded at no more than 10-day intervals. E. During installation period and during maintenance period, Contractor shall be responsible for maintaining adequate protection of all areas. Any damaged plantings shall be repaired at the Contractor'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 condition before final acceptance or 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 Page 114 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. 13. Inspect ions A. All inspections herein specified shall be made 'by the City of Carlsbad. The Contractor shall request inspection at least 24 hours in advance 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. (4) When plant material has been delivered to the site. (5) When plant materials are spotted for planting but before planting pits are excavat ed. (6) After planting pits for trees and shrubs have been excavated but prior to backfilling. (7) After planting pits for trees and shrubs are prepared and during backfi1 lings. (8) The Contractor shall be required to have a complete inspection and approval of all landscape construction items: At the end of the landscape construction period notify the City of Carlsbad at least 7 days in advance of inspection. (9) At the completion of the 60-day maintenance period, an inspection shall be required by the Contractor to obtain final approval. Notify the City of Carlsbad at least 7 days in advance of inspection. Page 115 14. Guarantee and Rep la cement A. Submit a written warranty in approved form warrantying the work of this division against any defective materials and x^orkership in compliance with the following terms agreeing to replace any defective 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 not 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 plants 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 material and plants shall be made to same specifications as required for original planting and all replacements shall be guaranteed as specified for original mat er ials. 1 5. 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" City of Carlsbad. 16. Payment A. Soil preparation and fine grading. The contract price bid for soil preparation and fine grading shall include full compensation for furnishing all labor, materials, tools, equipment, and Page 116 17 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 City of Carlsbad. B. Planting: The contract price bid for plants shall include full compensation for furnishing all labor, materials, tolls, equipment and incidentals and for doing all the work involved in establishing healthy plants in the locations shown on the plans and as specified in these Special Provisions and as directed by the City of Carlsbad. 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. Clean Air Act Contractor agrees to comply with all applicable standard, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. Violations shall be reported to the grantor agency and the Regional Office of the Environmental Protection Agency.