HomeMy WebLinkAboutChristeve Corporation; 1977-11-30; 07-51-23001CITY OF CARLSBAD
SAN DIEGO COUNTY
Cali fornia
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR
SEWER SYSTEM IMPROVEMENTS IN
OCEAN STREET AND BEECH AVENUE
E.D.A. Project No. 07-51-23001
CONTRACT NO. 1043
October, 1977
This is a Federally Assisted Construction Project
Under the E.D.A., L.P.W. - Round II Program
TABLE OF CONTENTS
Pages
1-3 Special Notice
4-15 Federal Requirements - Labor Standards
16 Notice Inviting Bids
17-19 Instructions to Bidders
20-34 Bid Conditions Affirmative Action Requirements Equal Opportunity
35-40 Bid Proposal
41 Bid Bond
42 Designation of Subcontractors
43 Certification of Bidder Regarding Designation of Minority Business Enterprises
44 Bidder's Statement of Financial Responsibility,Technical Ability and Experience
45-46 Certification by Proposed Bidder Regarding Equal Employment Opportunity
•47-48 Fair Employment Practices Agreement and Certification
49 Noncollusion Affidavit
50-51 . Contract
52-53 Payment Bond
54-55 Performance Bond
56-57 Certification by Proposed Subcontractor Regarding Equal Employment Opportunity
58 Contractor's Certificate Regarding Workmen's Compensation
59 E.D.A. General Conditions and Supplemental General Conditions
60-65 E.D.A. Site Sign Specifications
66-68 City of Carlsbad Special Provisions and Technical Specifications
Page 1
SPECIAL NOTICE
The source of funds for the construction of this project stems from the United States
Department of Commerce, Economic Development Agency pursuant to Round II of the
Local Public Works Capital Development and Investment Program. As condition(s) of
these funds, certain specific provisions are required by federal regulations and are
hereby established as condition(s) of this contract to which all bidders shall comply.
These conditions include, BUT ARE NOT LIMITED TO, the following:
A. MINORITY BUSINESS ENTERPRISE PARTICIPATION
At least Sl9 .000 i of the amount of this contract shall be expended for
minority business enterprises unless appropriate federal authorities determine that this
requirement is not applicable to the project. For purposes of this section, the term
"minority business enterprise" means a business at least 50% of which is owned by
minority group members or in the case of a publicly-owned business, at least 51% of the
stock of which is owned by minority group members. For the purposes of the preceding
sentence, "minority group members: are citizens of the United States who are Negroes,
Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts. Negroes are defined as
Black, not Hispanic Origin—persons having origins in any of the Black racial groups of
Africa. Spanish speaking are defined as Hispanic—persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish Culture or origin regardless of race.
Orientals are defined as Asian or Pacific Islander—persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific
Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and
Samoa. Indians, Eskimos, and Aleuts are defined as American Indian or Alaskan Native
persons having origins in any of the original peoples of North America and who maintain
cultural identification through tribal affiliation or community recognition.
For purposes of this section, a minority business enterprise may be a vendor, supplier,
contractor, subcontractor or any combination of the same. The burden will be on the
.apparent low responsible bidder to provide proof satisfactory to the City Manager or his
designated representative of those businesses that constitute minority business
enterprises to be utilized for the project within a reasonable time after a bid opening.
Becuase time is of the essence in the 90-day on-site labor requirements of this grant, in
the event the apparent low responsible bidder is unable or cannot provide satisfactory
evidence of these assurances, the second or subsequent apparent low responsible bidder
will be required to provide such assurances within a reasonable time after bid opening.
FAILURE TO PROVIDE SUCH SATISFACTORY EVIDENCE OF THE MINORITY
BUSINESS ENTERPRISE REQUIREMENTS SHALL MAKE A BID NONRESPONSIVE.
Within specified time period(.s) following award of the contract, the successful bidder
must submit minority enterprise utilization report(s) detailing the manner of fulfilling
this requirement. A second progress minority enterprise utilization report will be
required when 40% of the project has been completed.
B. NO ILLEGAL ALIENS
No contract will be awarded in connection with this project to any contractor, material
supplier or subcontractor who knowingly employs any alien in the United States in
violation of the Immigration and Nationality Act or any other law, convention or treaty
of the United States relating to the immigration, deportation or expulsion of aliens.
Page 2
C. BUY AMERICA
As part of this contract, the contractor is required to construct the project from raw
materials mined or produced in the United States and from US-manufactured articles
substantially made from material mined, produced or manufactured in the United States
unless appropriate federal authorities determine that this requirement is not applicable
to the project.
D. CONSIDERATION FOR VETERANS
As part of this contract, the contractor shall give special consideration, consistent with
existing applicable collective-bargaining agreements and practices, to the employment
on this project of qualified veterans who:
1) Have a (i) Veterans Administration disability rating of 30% or more, or (ii) a person
who was discharged or released from active duty for a disability incurred or aggravated
in the line of duty (38 U.S.C. § 2011(1) ), or
2) (i) Served on active duty for more than 180 days during the Viet Nam era and was
discharged or released with other than a dishonorable discharge, or (ii) was discharged
or released'from active duty for a service-connected disability if any part of such
active duty was performed during the Viet Nam era (38 U.S.C. § 2011(2) (A) ).
E. RECORDS AND AUDITS
The contractor must ensure that all records, contracts, books, agreements,'leases ?n^
other documentation by and with subcontractors, material suppliers, and vendors will
contain an express right of access and inspection to authorized federal, state and local
authorities for matters pertinent to assistance received under or through this contract
and that said records, books, contracts, agreements, leases and other documents will be
.maintained fbr at least three years following completion of the project.
(13C.F.R. § 309.9.)
F. CERTIFICATION OF NON-SEGREGATED FACILITIES
Prior to award of the contract, the contractor and each subcontrator shall certify, in
the form approved by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor, that the prospective prime contractor or subcontractor does not
and will not maintain any facilities it provides for its employees in a segregated
manner, or permit its employees to perform their services at any location under its
control where segregated facilities are maintained; and that it will obtain a similar
certification in the form approved by said Director prior to the award of any non-
exempt subcontract.
Page 3
G. COMPLIANCE WITH ON-SITE LABOR REQUIREMENT
This work of the project is being funded entirely or in part from federal grants
awarded to The City of Carlsbad by the federal government pursuant to the Public
Works Employment Act of 1977. A predicate to this funding is that on-site labor
will commence within ninety (90) days of project approval by the Department of
Commerce. Therefore, time is of the essence that on-site labor be commenced as
soon as is practicable after the award of contract by the Carlsbad City Council.
Contractor represents that it has familiarized itself with and assumes full
responsibility for having familiarized itself with the nature and extent of the
contract documents, work, locality, and with all local conditions and federal,
state and local laws that may in any manner affect performance of work and further
agrees that should on-site labor not be commenced on the project within fifteen
(15) days of receipt by Contractor of written notice to proceed or by December 9,
1977, whichever comes first, this agreement will be null and void and further,
Contractor shall be liable for all consequential damages, including but not limited
to the amount of federal funding lost to The City of Carlsbad by Contractor's
failure to abide by th'is on-site labor requirement.
H. WARRANTY
The Contractor shall warranty all work for a period of one year from the date of
acceptance by The City. The City shall conduct periodic inspections of the work
and a final inspection prior to the expiration of the warranty. The Contractor
will be notified of any deficiencies which must be corrected.
Page 4
FEDERAL REQUIREMENTS
LABOR STANDARDS
Contract Provision
The contractor and all subcontractors shall comply with Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by
Department, of Labor Regulations (29 CFR, Part 5) and the following provisions:
(1) Minimum wages. (i) All mechanics and laborers.employed or working upon the site
of the work will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3),, the full amounts due at time of payment computed at wage rates
not less than those contained in the wage determination decision of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of ar.y contractual
relationship which may be alleged to exist between the contractor and such- laborers
and mechanics and the wage determination decisions shall be posted by the contractor
at the site of the work in a prominent place where it can be easily seen by the
workers. For the purpose of this clause, contributions made or costs reasonably
anticipated under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics- are considered wages paid to such laborers or mechanics, subject to the
provisions of (l)(iv) hereof. Also for the purpose of this clause, regular
contributions made or costs incurred for more than a weekly period under pirns,
.funds, or programs, but covering the particular weekly period, are deemed to be
•constructively made or incurred during such weekly period. Also included under this
clause are all mechanics and laborers whose work associated with the project is off
of the primary work site including by not limited-to the transporting of materials
and supplies to or from the building or work by emplovpes of fhe construction
contractor or construction subcontractors.
(ii) The contracting officer shall require that any class UL laborers or mechanics
which is not listed in the wage determination and which is to be employed under the
contract, shall be classified or reclaSsified conformably to the wage determination,
aim a report of the action taken shall be sent by the Federal agency to the Secretary
of Labor. In the event the interested parties cannot agree on the proper classitica--
tion or reclassification of a particular class of laborers and mechanics to be ustrd.
the question accompanied by the recommendation of the contracting officer shall be
referred to the Secretary of Labor for final determination.
(iii) The contracting officer shall require whenever the minimum wage rate pre-
scribed in the contract for a class of laborers or mechanics includes a fr"inge
benefit which is not expressed as an hourly wage rate and the contractor is obligated
to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof
to be established. In the event the interested parties cannot agree upon a cash
equivalent of the fringe benefit, the questions accompanied by the recommendation of
the contracting officer shall be referred to the Secretary of labor for
determination.
Page 5
«
(lv) 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
benefits under a plan or program of a type expressly listed in the wage
determination decision of the Secretary of Labor which is a part of this
contract: Provided, however, the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
(2) Withholding. . •
The Federal or State Granting Agency may withhold or cause to be withheld
from the contractor so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics employed by the
contractor or any subcontractor on the work, the full amount of wages
required by the contract. In the event of failure to pay any laborer or
mechanic employed or working on the site of the work all or part of the
wages required by the contract, the Federal or State Granting Agency,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
have ceased.
' • * ->(3) Payrolls and basic records. (i) Payrolls and basic records relating
thereto will be maintained during the course of the work and preserved
for a period of three (3) years thereafter for ail laborers and mechanics
working at the site of the work. Such records will contain the name and
address of each such employee, his correct classification, rates of pay
(including rates of contributions or costs anticipated of the types
described in Section l(b)(2) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever
the Secretary of Labor has found (as provided for by (l)(iv) hereof
that the wages of any laborer or mechanic include the amount of any
costs reasonably anticpated in providing benefits under a plan or
program described in Section l(b)(2)(B) of the Davis-Bacon Act, the
contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show
the costs anticpated or the actual cost incurred in providing such
benefits.
(ii) The contractor will submit weekly a copy of all payrolls to the
applicant, sponsor, or owner, as the case may be. The copy shall be
accompanied by a statement signed by the employer or his agent indicating
that the payrolls are correct and complete, that the wage rates contained
therein are not less than those determined by the Secretary of Labor and
that the classifications set forth for each laborer or mechanic conform
with the work he performed. A submission of a Weekly Statemnt of Compliance
which is required under this contract and the CopeJand regulations of
the Secretary of Labor (29 CFR, Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings by the
Page 6
Secretary of Labor pursuant to (l)(iv) hereof shall satisfy this requirement,
The prime contractor shall be responsible for the submission of copies
of payrolls of all subcontractors. The contractor will make the records
required under the labor standards clauses of the contract available for
inspection by authorized representatives of the Federal or State Granting
Agency and the Department of Labor, and will permit such representatives
to interview emplyees during working hours on the job.
(4) Apprentices. Apprentices will be permitted to work as such only
when they are registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency which is recognized
by the Bureau of Apprenticeship and Training, United States Department
of Labor, or if no such recognized agency exists in a State, under a
program registered with the Bureau of Apprenticeship and Training,
United States Department of Labor. The allowable ratio of apprentices
.to journeymen in any craft classification shall not be greater than the
ratio permitted to the contractor as to his entire work force under the
registered program. Any employee listed on a payroll at an apprentice
wage rate, who is not registered as above, shall be paid the wage rate
determined by the Secretary of Labor for the classification of work he
actually performed. The contractor or subcontractor will be required to
furnish to the contracting officer written evidence of the registration
of his program and apprentices as well as of the appropriate ratios and
wages rates for the area of construction prior to using any apprentices
on the contract work.
(5) Compliance with Copeland Regulations (29 CFR Part 3)_. The contractor
shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary
of Labor which are herein incorporated by reference.
(6) Subcontracts. The contractor will insert in any subcontract
clauses (1) through (5) and (7) hereof and such other clauses as the
Federal or State Granting Agency -may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
(7) Contract termination: debarment. A breach of clauses (1) through (6)
may be grounds for termination of the contract and for debarment as
provided in Regulations of the Secretary of Labor at 29 .CFR 5.6.
(8) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work
in excess of eight (8) hours in any calendar day or in excess of forty (40)
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than 1% times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such workweek as the case may be.
Page 7
f
(9) Violation: liability for unpaid wages: liquidated damages. In the
event of any violation of the clause set forth in paragraph (8), the
contractor and any subcontractor responsible therefor shall be liable to
any affected employee for his unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in case of work
done under contract for the District of Columbia or a territory, to such
district or such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic employed in violation of the clause set forth in paragraph (8),
In the sura of $10 for each calendar day on which such employee was
required or permitted to work in excess of 8 hours or in excess of the
standard workweek of 40 hours, without payment of the overtime wages
required by the clause set forth in paragraph (8).
»
(10) Withholding for unpaid wages and liquidated damages. The Federal
or State Granting Agency may withhold or cause to be withheld, from any
monies payable on account of work performed by the contractor or subcontractors,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in
paragraph (9).
(11) Subcontracts. The contractor shall insert in any subcontracts the
clauses requiring the subcontractors to include these clauses in any
lower tier subcontracts which he may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be
made. . • .-. '
NONDISCRIMINATION PROVISIONS TO BE INCLUDED IN FEDERALLY
ASSISTED CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
-national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or terminiation; rates of pay or other
forms of compensation; and selection for tranining, including apprenticeship.
The contractor agrees to post in conspicuous places,- available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
Page 8
•
(3) The contractor will send to each labor union or respresentative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advertising the' said
labor union or workers' representatives of the contractor's commitments
under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations and relevant orders
of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance wich such rules, regulations and orders.
(6) In the event *of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or
orders, this contract may be canceled, terminated, or suspended in whole
or in part and the contractor may be declared ineligible for furher
Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions nay be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherswise
provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7)
in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as
the adminstering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the
event a contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
FEDERAL MINIMUM WAGES Page 9
Minvrr.urn Wages.--Attention is airecced to Section 6, "
Federal Requircrr.enc-s, of thoso special provisions and Decision'
No. CA77-5043 • ot tl"c Secretary of Labor, included herein.
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(packing ctxl «t««l
•nd pine) | T*r.c 5;jJ«r jnd
Cltantc
MULLCR'S Hf.TZX (Ciisson)
Inclujir.q Otlio«-:»; botln9
JUcMnt K«lp<r
tflKSCW CtEV;r2: C.-.jcx Ttndrr
(tlcrpt tunrcl') ; Srptic
er and ins:«ll*(
CZSSPOOL DICCC* A\O IKSTALLEA
COiicRCTt CVTZS: :i-r-rv»<w.i
t.'C« to
of Jo
'•/vl IncljJinj >.: .«.• Ct:«ct
Joint*; Poi.Mir.j «r.J my jind
•11 Olh»C >«(VkCt>
6«itc
J 7.21
7.2>
7.31
7.33S
7.3«
7.3t
7.3»
» 7.40
. .70
.70
.70
.70
.70
.70
.70
.70
.70
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1.13
1.13
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(Co-it '<t
JkSrHALT ItAXW. IMvji, I
Bu))/2Obll« un; C»-<r\
«Ju»pcc (on 1 yird or l
C«A«nt)i Concrete tj* un
(cxclu£ii) trictor type 1 1
toto-icripxr,
•rtd foc» Slower: C-is and oil
plp*lln* vupptr-poi ter.J-.-i
•nd forn ea.">; Opcr«toc» i-iJ
t«nd«r< of pr.toniitic «nd
• Irctrie tool*, ccrcrtcc PJ.-?
»ech»nlcil tool i not «f?a:a
.el«isl(le<3 h«rtin: Ttt( cli
•»Ln9 B«ctUAlc»l cools
(OCX SUNCCai SC<l«t (us In?
tot'n c^*tr oc safety twit
Of pcw«( tooli)
DUUTAS, all othcrt vhcrt
drill t/>9 I* lot us* o( .
H?ItATES. KTTWX1C OR SCW-
KCTAI.LIC (inclu^in) vatrc .
Vtl<5in9 In connection wita
Liboccr't vutk
CA5 AND OIL »I
(** pip* »ni ovtc)
CKIBZU
• SKERI:JC ANO
1Und-guid«d
STtn, HEAOV
M1UXRS - (til fo»tt drilli,
tncluJinq }<:'tML=?«r , «nctr.«c
Cot*. i!i»»o-d, <»9on, tc<cx.
•ultlpl* u^lt. and «.-/ and
•11 typei of MCM.-.ic«l
drlllti S*.-.£>l**lec
I. ILASTERS
BEAD XXX SUSCER
RXC DSICTOXSi
CU*t 1
ClJ»i 2
J
KWSDOVEU '
LABC7XKS
(Tuniwl jnd Sn*ft MOIK)
•01.1. CM<| Concrete Crrv
(includes icrtltcs and
Crout Cr«»j Ha-iets.
(1*001 tr» | in snort dry
tunn*li unite sti««>s,
to tunr.vi vat«)
orocx reco; cu>
Slipper; S'e«V f:ra »>!»•»
•»4 C*tt«r** Hvlpeci Vierjioc-
••ni J«e»M.r.-<»r» Pnju-utic
tool* (tactpt drtlUt)
CXOVt C.VKC4
7.42
7.47
S 7.50
1 52
7.55
7.57
7.()5
7.K
7.HS
7.7)
7.71
7.4*
7.21
7.205
$ 7.50
. 7.(0
.7.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
.70
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.70
.70
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1.1)
1
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1.11
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.50
.50
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.50
.50
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.59
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Page. 11
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o
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or
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OfCISICM >0.
tAJtOKJTKS (ConI'
»tASTtJ>-TRSt Orlll«r«i Cherry
rlcfcerxvni Ht-ptt and otMr
|*>«unjllc covert** placer
oo*ratorti Miner*, jr» tr.ort
dry iurtnelc under •£<*•:•»
Klr>ei
(vood or itrelli Sctel roil
K*l««r» «n<J
o wast
CtMITC W3RXf?St
Voxltcen «rwl
CIBWWIV
OPERATORS
*...<
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7. 74
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7.»<
7.<2
7.20S
I 1.75
10.03
10.12
10. 4S
10.41
10. 7»
10. >1
11.08
11.7.1
M ^ f
.70
.70
.70
.70
.70
.15
.94
.95
.»5
.55
.15
.»$
.15
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1.13
1.11
1.13
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} 2.00
2.00
2.C3
2.00
2.C3
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2. CO
2.00
2.03
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• Croup 3
Croup J
Croup *
Croup S
Croup (
Croup 7
Croup »
Ccoup *
Croup li 8r»kc»in; Co«?reivoc Ilm tfuri S03 C.f.M.); Dvjvn*er Oiler «
Ctn«f«toc; Be»vy Suty
Croup 2; Cocpresjor (SOO C.r.N. or Ur<;nl; Coocrete «i»«r, »»lp
typej Conv«jror; ruc=a.-<; E,i.-o^titic Pu--p; O:lcr Jcuj-ir Usp.'ulc
et eoncrft* plar-.) ; ?l«-it Cr«:»-.or. orn'tj-.ar, pu.-? o:- CCT*?r«unr j
»ot«ry Drill H«lp*r loiliitl!); Sui'.OiJfr - v.>-.«-l type up to 3/4yd. v/o »;i*c:v=«-it5; Soilj r;*:d Trcnnician; "ir ?;t rittajn;
l*epot»ry B*Jt«n7 Plant; ~ienct.tn-) Xjctiin* Oiler j trucx Crjne Oil«r
Ctoup 3i A-rcu>c or Winch TrucV: Sltvator Oj»rr»t6r (insltfe); S
C(«i»<r (oc>)> rork Fcrtjuio.-: (v'.ts i^Jctv.-pc Jtx»e^-snt5) ; Hrlicoptectjn iqtsur.J); ?CTV»: Co-ic:et* ^"^r;nq >-jcninci F->.?r Cc.-.cttt< s*w;
driven Jc-.ao Fora S*-.ier: i'oss Cirrier l;oi> «it«); Si»tionii/
Croup I: »jpr.«lt »l»nt rir»'jn; Sortrvj Kjrr.ir.r: Poirjn or Klieroj.n
(ispS.lt or ci-.et«te): CM;- :?.-«jJL.-»9 «.»:.-.»p.c; Cc-cr*t- ?-jnr» (v-ill
port*±.l»)i »rii;» ty?; -Jr.:c«^>r anil tjcr.-.jale; D.nkey loco»x)tiv« ot
Matorun (up to *nj incluoi.-.j 10 tcnj); E^ji[t^.-it Ct»-is«: (?rtJ»«etruck)) Eelicootci Hji»s: Kic>l;-c CJbic^*/ S:;n.ilijn; !-f.iri-tUL»e-«r-
•cro Stonpr:: Po»rr S«c-^-*r : ;.oU«r ,ic.;pjctir. 31 ; ScrecJ (ispnilL or
ooncrct*); Trer-eiin^ H-icninc (u? to 4 tl.Ji P.-v^Jn
Page 12
O2
CD"
Cioup Si Xi?^*lt Pl»nt ti«jl^«»r» R*cKSo« (up to tni Including J/4
yd.)» »*tcr> Pla-.t: Bit S^jci-rrr: Cir.crete .'al.nt HnKuiv :cjnal
*nd «l»ll.r f/.-x!; Concnt- p'.j^.r:: >-:« Crqin*: Crmciwi (oU-
fleld ty?el: CriUmc; -j:i-..-.c O-jcnt;-: I intXj-irj »at»r wcllst;
.pulp or «ee3)r :r»tn..i»r-..-j'»: Rjcniive r>->! o^e:»tors nijinnu Int*rn«lSUS ViSr.'.;:; MCJ.-.J iicjl >:; = , C.ri cr C-f.t: !conrr*-e cr *-;-r.-\«l
tnrr-ir (co-c:c:<-C;j:y. ;o"(.r.o. BKv.'ll or »iailir); P»vi-o
ltruc« -»>jntcJ): Sc»J Oil n:»i.-.j :<jcr.iT-«- rai;»t !»<?-..>!t or £:
tUf J £.»::> Kjy.rrj l^..T'^''-t :>:-slr ••q:.i?. -? -.o j.-.d l.-.rludin
(trued; St'.!-?:c;t'.:t: Ti> Hp«i"»i"9 Mjcft-.n»f SU? far- Pu=p (?n .V/3r»jl:c :»f::n? <!cvi:» for concrrt- r>r-j>! S<i?lo»^*r :crj-ic:
o-.-c: 3/4 yird *--• •-•? to JT^ :!-7l-i.-.iPi IS y>::;ili i-.tt.-:er C:J
«-«rn or si»il»r t,-;-.i rr»et3T-Ml!tf3i*f . t«per »cr4?rr («i
.•tvjtr,», up to Wi h.p., C.r-'-*^- *r-d «••'•« l»: l>'?c»» J3 1° »n>1 »ncl»--l'I.j•ftd •.•U.t ty^-»if Ti.qj«r -Ciiit. ; crtii r-nn«l Ucow>tiv» lovec 10 »AiJ
trvcluJlrvj 30 tani); w«:dcr--jo.~.«£»l .
up to
Page 13
PCCIRION PO. CAT7-504J
tC<lI»«BfT OPERATORS (Cont '£)
Ctoup (i JlapKall or Concrete Spreading (tixpirv) or finishing); JUphalt
Favlrvj Kac?iine Ituti^t Cre*nr at siailir lyp«) : Br -.cie C:an« Oprratori
C*st*ln-p}ace Pip? Uiyinq MacMne) Confutation Mi«er anj Cocprestor
• (gunlt* <r>r»)i Co-p.ic;or , *el{-prop»l>J: Ccncret* Miner - pavir»j;
Conceit i Pu>p (tiuc* counted) i Cran> Operator (-? to a/id inclu^in)
Ji too opacity) (Lorj-tooo p»y applicable) ; Cruiruivj ?lant; Drill
Doctor, j Elevating Ccj-ier: for*li(t tower S tons)) C:a4« Checker j
Cta>d>-allf Grouting xicnine) Ueadinq ^rkiciJt Heavy (X>ty Rrp4icn*nr
Kollt Operator (CMc^TO Bom and itBiUr type)) to 1 tin a* It
•ltd «!»lL»r tr?«; L^Tcucncavi Dloo C&-^;toc ot
Kabllct Lift Sill Kjcnir.« (Va^taord j.-.d fi.-iliac
(Athry, Eoclid. Sierra and iiailar type) ) MJtecial Uout: Mjctirvj
Kachint (V yard, e-S^r tired, rait or tract typ«) ; r-iru.-«;;c Co«icr«t«
Hacln3 Kjchtr.* IHacilf y-Pr««sv»U or aicilar typ«); Kjteri"
Hucllf>9 Ki;nxr.« (>i yard, rulor tlreJ, rail or trac« type)
Lift
al" Bolit?
fr.ruaatlcCoiwrcetc pla:ir.g .Xj;ft;.->e C-!aciley-?reiiwell or Jiaila
JtaJiniJ S.Mcld Itunnrl), Puzpcccie Cjnj Rotary Otill (cjciti.r.q canaon
t]fP«) I >xS6«r-t»rtd E^rth hovinq Equijo-nt («inql« «nqir»--<atetpill«r .
Euclid. Ath«/ «'j-on, i.-.J >ts:lar typ«i vi;h any nd all attacr^«ntm
ovtr JS yjrdi and up to aid incluiirvq SJ c-j. yci». «trjc*>: Hj£;«r-
tlt«d Scrap«r (telJ-lojJin'j-FjCj:* v-.-rl typ« - Jc-'j^ 5<«r«. 13«3
• nd »tKilar single unit] i Sk:p*_caU4r (crawlvr BJV] w^e«l typ* * ov«r
1H jratiJ, uf to a.-.d jncludlnq ii yi-dj), s^rfac» Eaat*r« and yi*r«ri
Tr«r>chir>9 Xjchint (ov«r i Jett tftptfi ~ca?icity) ; T^v=t Cciaci Tractor
Carpet uoc Drill Co^iinjtlonj Tractot ,'i.T/ ty?< i4f<?«r t.Mn O-S-100
flyvhccl b.p. and over, "or tiailar) Bulliour, T-jp»r. Scraper a.-v5
fu5h Tcacxor airtqU «.-.^in«) : Tractor itocn attacr^*n:a) i Tiavoling
Hp< Vrapplr.9. Cleanlr^ and B»r.iinq Mj;sin«; T\jnn«l Locoootlvt io>/«r
30 tons)) Shovel 'Bjc»r.o«, JtigUnt, C'.t-.5.-.»il (over 3/4 ya:d ar.d up
to 5 cu. yd*, n.r.c.) (Long booa pay appUcaaleJ j S«l{-pcop«ll«d Corb
•nd Cutt«r Kachlnc
I
o
OX
Croxp 7i Crarvt, over 35 ton up to and Including 100 ton> m.r.c. (Loog
booa pay appUcabl,-); Cornet Borce (Ic-.q bocn pay cpolicablvl : Oaal
Drvea Kii«r; Hca.-y &u:y Repairiwin-velJtc Co^sination; Rolit, TtS£{-
Ir^t, Ct/y D»tnc«. c: :i\itac typv, u? '.a a.^d ir.cividir.q 190 tens (Uxv?
boon poy applicisltl; n>no:ail ^octxotive (difscl, <;ai or electric))
Motor Fa»rol-!>lade Operator Isi.-mU eoqlne); hjitiplc m^ir.t Tractor
(Euclid ar.d lislUr tyr«, cicept C"jad > Cat!) R-coer-tit «d Eitth
Moving tq-jlporrt dingle cnquM. over iO yards. struc«); »-jsc«<r-
tlrtd Earth fovinq ^qji^x-n- (xul;ipl« ermine, Euclid, Cate:piUec
and similar) (over 25 vatdi and UD to S3 CM. yc>. attuc*) ) S.*u:vel,
aUckhoe, DraqU.tff. Cla--.»n»ll lover 1 cu. yds. p.r.e.l (Loc.q Sooc
• pay applicable); TDv-r Crane fi-palrejn; Hlxec and «i»ll«r
•qvlpaenti
o
ev%6w•*
•«
K
O
f: Auto Crac>c; Automatic Slip for»; Cranc-ov^r 100 tons (Lonq
boon pty applicable)! Koist - StKC U^s, Ccy 0-rrlc<» or naiLac
t]TP«* (capoale of hotstinq ICO ton» or pore) C-cr^ txxxt p*y applicablO:
»Ua« excavator - less thin 7SO cu. yds.: K*:^.anical FinlsMnq fj-Mrt;
Mobile Pora Traveler i not.ir Patrol (»ulti-cniin-) j Pipe Ksail*. KI:MIM:
tubfaer-tlrci £ajt!> hovinj E^jipoint (eulMpl^ er.nn*. CJClid, Caterpillcr
and «lel)ar typir over 50 cu. .yds. struck) i P.ro«r-ttr«d self-load:nq
" tetifet (pjdJl* «^irel - auqer typ« telf-lojiin^ - 2 or »or« unlt»)»
Rubbtt-tlced Scraper - p-jsMr.q one) anotrier w/o p-.-s.l cat. ?u»n-pJlV
(S0« p«r hour aijitional to aai* rat*); TanJca i^u:p»ent <2 units
only) i Tandca Tractor (£jad » 'or tinllar type) i Tunnel Mole bocin?
lUchin* .
Ctoup »i Can»l Llneei Canal Trt«neri f«llco?t«c Ptlotj Kl<j>illn« Cabl*vsy»
Kmoti co.-vtcoll.J tjfth >uvinq I^jip^cnt (SI. 03 per -lour additional
to b*iC (•t*)| lOteil Excavator (ov«c ISO cu. yii«.)
no. CO7-WO Page 14
ao
o
v«aF
o
••
o
S-
tDOQC DHJVTR3
(3/4 ton <rv} oMt
ind h<lprr>t T:
control pilot CM Ifjclu
toting hctvy
RTPMKKAN CK
HtLTDt
IKDOSTSJAi LlfT
tOHT lint th«r> 8 ycJj.lj rxjp'
or flttbed (2 tile] ; Conct«tt
f*a?lrvjl rorklifc (under
11.030 Ibi.)
(I yd i. irvd undir 13) »
or £l»tbcd (3 ulti)>
(15.000 ib»
over); Host Citrlec
(12 yi».
oc f
vllh
KATJR tSUCHS (2 jxle«)i Ero.lon
exxvtrol noixlt^-n: ?ip«lin»
£riv«n linc'.^iinj vinc.1 <*.d
• 11 »li<a)> >cjd oil >pmccr.
Ro*<3 oil or ilutcy doouun;
>rtil trucit
PCHPCRTTE (1«>* t-hin «S yacdl)
KXQS10K COTTROL DRJva; «»tet
true* (3 mlta)
C» tnrCWUTE AJO CXJUXS1VZS
CUK? (U y*td* and under 2S) ;
Duap or (lati-rci « ucl* oc
BOCtlt Vovttl jr.rl teller;
Trains it »i» lanitt » yirds) i
Ccool Kiier; D^~-pcrctc I'S
»nd ovtc); Du«?3ter
tOKT (2S r*c£i ».id und«r IS)
Drf 10't oc CM JO1, or Suclld
tyjc equlnc-rr."; U-Tourntia
rull«< Tccca Cotjtai ot iiatlac
type ot «qjipvit ttTifdlfti
prr(or»Lrv5 votik in tn«
t*K»t«r*' J.rltdlction or
n o: (lalla: tvp> o( du.-«p
* truck with lotdinq atc»c.-j-.it«
twxx
1 AXLES on Dfxur. cocs»rcj:
K>OtO or ccatlnicion of
w^.•n ur.d«
S.i.t
* « V
5 7.17
«.07
1.12
1.20
1.2}
1.21
I.JS
I.J«
l.ll
S 1.44
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».701
K & V
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.10
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.10
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.10
10
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.10
.10
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.IS
.IS
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.IS
.IS
.IS
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.IS
.11
... r.,~~
$ 1.00
l.oo.
1.00
1.00
l.XO
1.00
1.00
1.00
1.00
t 1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
t
£*.«•!.»•
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.10
.- .10
.10
.10
.10
ao
.10
.10
.10
.10
.10
.10
.19
.10
.10
.10
DMVdS (CoAfJ)
*(t yard* »nd
TIMXAX
|XH» (35 y»cd» ind
Under SO)
HATtX PVLL T*N«E»S; Htld-rj
01
tX3KJ> (SO yud* «nd
•nAer fS)
DCK? ((I y*id< and
cv«r)
rortx ejuiFKDff OPEJIATDW
CREDCINC
{Hydrtullc Suction Drtdqti)
ITAICK DCIKQ3(| Welder
JStern wine!) ex (5ri<!9e)
JAJCEKXS; Dcckh.tv), rirtiuni
Oilecj Uv«thind
(Cluuhtll
DECK
SAACZ
rlrtuns
01 Ur
9«»Jcv*~1,*«>••
t *.?2
I.Tt
l.7t
».»5
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t.ot
(11. <0
U.02
10.54
10.47
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. 11,0
U.02
10. S4
10.47
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r*«t*»**
.(S
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- •*\ •
J 2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
3.00
2.00
V«<«t*«M
* 1.00
1.00
1.C9
..1.00
1.00
UOS
-<
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.50
.50
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Paga 15
•s.
o
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Page 16
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
SEALED BIDS will be received at the Office of the City Clerk, City Hall,
1200 Elm Avenue, Carlsbad, California, until 3:00 p.m. on the 1st day of
November, 1977 for performing v/ork as follows: • " .
Construction of sewer improvements in Ocean Street and Beech Avenue.
No. 1043. E.D.A. Project No. 07-51-23001. . .
Contract
Said work shall be performed in strict conformity with the specifications there-
for 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 v/ork. *
Bids shall be enclosed" in a sealed envelope and shall bear the title of the
work and name of the bidder and the appropriate State Contractor's License
designation wh'ich he holds. Bids will be publicly opened and read in the Council
Chambers of-the City of Carlsbad at the time stated above.
This is a federally assisted construction project located in the City of Carlsbad,
and the ^successful bidder on this work will be required to comply with the
President's Executive Order No. 11246, as amended. The requirements for bidders
and Contractors under this order are explained in the specifications. '"
Minimum wage rates for this project have been predetermined by the Secretary of
Labor and are set forth in the Decision of the Secretary and bound into the
specifications book. In the event there is a difference between the wages,
including health and welfare funds and similar contributions, as determined by
the Secretary of Labor and the contracting jurisdiction for similar classifications
of labor, the Contractor and his subcontractors shall pay not less than the rate
which is the higher.of the two.
Plans, Special Provisions, and Contract Documents may be obtained at the
Engineering Department, City Hall, Carlsbad, California, at no cost to licensed
contractors and material suppliers. It is requested that the plans and special
provisions be returned within two weeks after the bid opening.
Approved by the City Council of the City of Carlsbad, California, by Resolution
No. 5213 adopted on October 4 1977.
Dated :I f J f
GARE/E., ADAMS, City Clerk
Page 17
INSTRUCTIONS TO BIDDERS
A. AVAILABILITY OF PLANS AND SPECIFICATIONS
Addenda, if required, will be issued to correct errors, omissions or points
requiring clarification in these plans and specifications which came to the
attention of the City prior to the opening of bids. It is the Bidder's
responsibility to become informed of any addenda that have been issued, and
to include all such information in his bid. •
The City Clerk is the officer responsible for the opening, examining, and
declaring of competitive bids submitted to the City for the acquisition,
construction, and completion of any public improvement.
The Project Manager for this project is Joseph E. Spano, (714) 729-1181,
Engineering Department. Questions relating to the construction, such as
materials, equipment, construction methods, etc., should be addressed to
this individual at 1200 Elm Avenue, Carlsbad, California 92008.
B. ELIGIBLE BIDDERS
No person, firm, or corporation shall be allowed to make, file, or be
"interested in more than one (1) bid for the same work unless alternate
bids are called for. A person, firm, or corporation who has submitted a
subproposal to a bidder, or who has quoted prices on materials to a bidder,
is not hereby disqualified from submitting a subproposal or quoting prices
to other bidders or from submitting a bid in his own behalf.
C. CARLSBAD LICENSE
All contractors, including subcontractors, not already having a City of
Carlsbad license for the work contemplated, will be required to secure the
appropriate license from the City Clerk's Office before a contract can be
executed.
D. PROPOSAL FORMS
Bids shall be made only upon the Bidding Documents attached to and forming
a part of the specifications. Numbers shall be stated both in words and in
figures, and the signature of all persons signing shall be in longhand. No
bid detached from these bound contract documents will be considered.
All prices and notations must be in ink or typewritten. No erasures will
be permitted. Mistakes may be crossed out and corrections typed or written
i,n with ink adjacent thereto and must be initialed in ink by the person or
persons signing the bid.
Bids shall not contain any recapitulation of the work to be done. Alterna-
tive proposals will not be considered unless called for.
Page 18
INSTRUCTIONS TO BIDDERS
D. PROPOSAL FORMS (continued)
The City may require any bidder to furnish a statement of his experience,
financial responsibility, technical ability, equipment, and references.
Bids may be withdrawn by the bidder prior to, but not after, the time fixed
for opening of bids.
E. AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
1. By signing this bid, the contractor is committed to comply with the
following:
For federally-assisted construction projects the contractor must comply
with the Affirmative Action requirements of the Bid Conditions established
by the U.S. Department of Labor, Office of Federal Contract Compliance
Programs (OFC£P). All subcontractors working on federally-assisted
construction projects are also bound by the OFCCP Bid Conditions unless
exempted by OFCCP guidelines.
A copy of the OFCCP bid conditions are included with these "Instructions
to Bidders." The contractor/subcontractors must also comply with applicable
federal and state laws relating to Equal Opportunity Employment, as well
as any additional requirements imposed by the federal agency or agencies
providing funds for this project.
The apparent low bidder on this project must notify the City Contract
Compliance Office within five days after the bid opening of the following:
a) the crafts which will perform work under the prime contractor;
b) the names and addresses of all subcontractors, the dollar amount
of each subcontractor, and the crafts which will perform work under
each subcontract.
2. If at any time during the course of the contract there is a violation of
these requirements by the prime contractor, or his subcontractors, the
City will notify the contractor of the breach immediately and may with-
hold any further progress payments to the contractor until the contractor
satisfies the City that he and his subcontractors are in full conformance
with the Affirmative Action requirements of the Bid Conditions.
NOTE: Prospective bidders wishing information on Affirmative Action require-
ments may contact the City of Carlsbad Engineering Department at
(714) 729-1181, extension 35.
F. BID PROPOSAL AND BID BOND REQUIREMENTS
No bid will be received unless it is made on a proposal form furnished by
the Engineering Department. Each bid must be accompanied by cash,
certified check, or bidder's bond made payable to the City of Carlsbad
r
Page 19
INSTRUCTIONS TO BIDDERS
F. BID PROPOSAL AND BID BOND REQUIREMENTS (continued)
for an amount equal to at least ten percent of the amount bid. Such
guaranty 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 by the bid requirements.
No bid will 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 license number and
classification in the proposal.
6. AWARD OF CONTRACT OR REJECTION OF BIDS
The contract may be awarded to the lowest responsible bidder, under the
bid schedule or schedules of the proposal, complying with these and with
all other contract documents. The lowest bid will be determined, at the
sole discretion of the City, by the base bid alone or by the sum of the
base bid plus any combination of schedules and/or additive or deductive
alternates that the City may select. Failure to submit a bid on any
schedule and/or additive or deductive alternate selected by the City
shall be considered a nonresponsive bid. The City reserves the fight
to reject any or all bids, and to waive any informality or technicality
in bids received and any requirements of these specifications as to
bidding procedure.
H. DOCUMENTS TO BE EXECUTED BY BIDDERS ' Pages
Bid for Unit Price Contract Proposal 35-40
Bidder's Bond 41
Information Regarding Subcontractors 42
Certification of Bidder Regarding Designation of 43
Minority Business Enterprises
Bidder's Statement of Financial Responsibility, 44
Technical Ability and Experience
Certification by Proposed Bidder Regarding Equal Employment 45-46
Opportunity
Fair Employment Practices Agreement and Certification 47-48
Noncollusion Affidavit . . 49
INFORMATION FOR BIDDERS
REGARDING COMPLIANCE WITH Page 20
AFFIRMATIVE ACTION REQUIREMENTS
"Bid Conditions — "The bid conditions contained.herein comply with the U. S. Department
of Labor affirmative" action requirement for use in Federally assisted construction con-
'tracts. .
Hometown Plan — The San Diego County Minority Employment Plan for the Construc-
tion Industry (Honetown Plan) is a joint agreement between participating unions,
contractors, and the unified minority coalition which is designed to improve
the levels of minority employment in the construction industry.
Applicability — Generally speaking, Part I of the Bid Conditions apply to those
bidders, subcontractors and construction trades who currently are parties to the
Hometown Plan and who accordingly are subject to its requirements. Part II
applies to all'other bidders, subcontractors and construction trades and specifies
affirmative action requirements for this category. Variations of this generaliza-
tion will occur when a Part I contractor or subcontractor utilizes trades/crafts
xvho are not Part I signatories.
Goals — Although expressed in slightly different 'terns, the minimum, level goals
for minority employment are the same in both the Bid Conditions and in the
Hometown Plan. ' •
Minority Business Enterprises will be afforded full opportunity to submit
bids in response to this invitation, and will not be discriminated against on
the grounds of race, color, sex or National origin, in consideration, for the
award. ,
Reports — One '^Monthly Manpower Utilization Report. (Form 66), one for the
subject contract and one combining all other current contracts, will be sub-
mitted in time to reach the following address by the 5th of each month in
accordance with Part V of the Bid Conditions:
City of Carlsbad . •
Engineering Department
Contract Compliance Office' .
. ' •• . 1200 Elm Avenue . -.'..".
Carlsbad, CA 92008
In this regard the apparent successful bidder will be asked to furnish a list of
all other contracts under which he is currently performing.
Subcontractors — Only those subcontracts of $10,000 and over are subject to
foregoing Report requirements.
i
Questions — The Bidder is encouraged to direct any questions regarding affir-
mative action requirements to the Contract Compliance Office at the above
address, Telephone (714) 729-1181 Ext. 35
Page 21
. BID CONDITIONS
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
. NOTICE
EACH BIDDER> CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CONTRACTOR)
MUST FULLY COMPLY WITH EITHER PART I OR PART II, AS APPLICABLE, OF
.THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON
THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK, BOTH FEDERAL
AND NON-FEDERAL, IN SAN DIEGO COUNTY DURING THE PERFORMANCE OF THIS CON-
TRACT OR SUBCONTRACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS'FOR
/ ' •
MINORITY MANPOWER UTILIZATION IN EITHER PART I OR PART II, AS APPLICABLE
AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS 0? THESE BID' CONDITIONS
BY SUBMITTING A PROPERLY SIGNED BID..
• * - - - .
THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPON-
*•
' SIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS
•
OF THESE BID CONDITIONS. . • . .. ' ..
Part I: The provisions of this Part I apply to contractors which
are party 'to collective bargaining agreements with labor organizations
which together have agreed to the San Diego County Minority Employment
Plan for the Construction Industry (hereinafter the San Diego Plan) for
Page 22
equal opportunity and have jointly made a commitment to specific goals
of minority and, where applicable, female utilization. The San Diego Plan
is a tripartite voluntary agreement between representatives of construction
crafts unions, construction contractors and the unified minority coalition.
The San Diego Plan, together with all implementing agreements that have been
and may hereafter be developed pursuant thereto, are incorporated herein by
reference.
Any contractor using one or more trades of construction employees
must comply with either Part I or Part II of these Bid Conditions as to
each such trade. A contractor may therefore be in compliance with Part I
of these Bid Conditions by its participation with the labor organization
which represent its employees in the San Diego Plan as to one trade pro-
vided tJiere is set forth in the San Diego Plan a specific commitment by
both the contractor and the labor organization to a goal of minority
utilization for that trade. Contractors using trades which are not.cov-
ered by Part I (See Part II, Section A) must comply with the commitments
contained in Part II including goals for minorities and female utilization
set forth in Part II. '
If a. contractor does not comply with the requirements of these Bid
Conditions, it shall be subject to the provisions of Part II.
Part II: A. Coverage. The provisions of this Part II shall be
applicable to those contractors who:
1. Are not or hereafter cease to be signatories to the San Diego
Plan incorporated by reference in Part I hereof;
2. Are signatories to the San Diego Plan but are not parties to
collective bargaining agreements;
Page 23
3. Are signatories to the San Diego Plan but are parties to
collective bargaining agreements with labor organizations which are not
or hereafter cease to be signatories to the San Diego Plan;
4. Are signatories to the San Diego Plan and are parties to
collective bargaining agreements with labor organizations but the two
have not jointly executed a specific commitment to goals for minority
utilization and incorporated the commitment in the San Diego Plan; or
5. Are participating in an affirmative action plan which is no
longer acceptable to the Director, OFCCP, including the San Diego Plan.
6. Ar*e signatories to the San Diego Plan but are parties to
collective bargaining with labor organizations which together have
failed to make a good faith effort to comply i^ith their obligations under
the-San Diego Plan and, as a result, have been placed under Part II of
the-Bid Conditions by the Office of Federal Contract Compliance Programs.
B. Requirement — An Affirmative Action Plan. Contractors
described in paragraphs 1 through 6 above shall be subject to the pro-
visions and requirements of Part II of these Bid Conditions including the
goals and timetables for minority utilization, and specific affirmative
action steps set forth in Sections B.I and 2 of this Part II. The con-
tractor's commitment to the goals for minority utilization as required by
this Part II constitutes a commitment that it will make every good faith
effort to meet such goals. "Minority" is defined as including and limited
to Blacks, Spanish Sumamed Americans, Pilipino/Asian/Orientals and American
Indians, and includes both men and women.
1. Coals and Timetables. The goals of minority utilization required
of the contractor are applicable to each trade used by the contractor in the
Page 24
San Diego Plan area and which is not otherwise bound by the provisions
of Part I.
For all such trades the following goals and timetables shall be
applicable.
Until 12-31-73
From 1-1-74 to 12-31-74
From 1-1-75 to 12-31-75
From 1-1-76 to 12-31-76
From 1-1-77 to 12-31-77
Goals of Minority Manpower
Utilization Expressed in
Percentage Terns
.' 8% to 12%
12% to 16%
16% to 20%
20% to 24%
24% to 30%
In the event that any work which is subject to these Bid Conditions
Is performed in a year later than the latest year for which goals of minor-
ity utilization have been established, the goals for 1977 will be applicable
.s
to such work. •
The goals of minority and female utilization above are expressed in
*•
terms of hours of training and employment as a proportion of the total number
of hours to be worked by the contractor's aggregate work force, which in-
\
eludes all supervisory personnel, in each trade on all projects (both County
and non-County) in the San Diego Plan area during the performance of its con-
tract (i.e. the period beginning with the first day of work on the construct-
• •
tion contract and ending with the last day of work.)
The hours of minority employment and training must be substantially
uniform throughout the length of the contract in each trade and minorities
must be employed evenly on each of a contractor's projects. Therefore, the
transfer of minority employees or trainees from contractor to contractor or
from project-to-project for the purpose of meeting the contractor's goals
shall be a violation of Part II of these Bid Conditions.
-. Page 25
i
* . «
If the contractor counts the nonworklng hours of trainees and
• x
fK. _
apprentices In meeting the contractor's goals, such trainees and appren-
tices must be employed by the contractor during the training period; the
contractor must have made a commitment to employ the trainees and appren-
tices at the completion of their training subject to the availability of
employment opportunities; and the trainees must be trained pursuant to
training programs approved by the Bureau of Apprenticeship and Training
'.for. ."Federal Purposes'!,or approved .as supplementing the San. Diego Plan. •••••.•
2. Specific Affirmative Action Steps. No contractor shall be
found to be -in noncompliance with these Bid Conditions or Executive Order
11246, as amended, solely en account of its failure to meet its goals, but
shall be given an opportunity to demonstrate that the contractor has insti-
tuted all the specific affirmative action steps specified in this Part II
and has made every good faith effort to make these steps work toward the
attainment of its goals within the timetables, all to-the purposes of ex-
.panding minority utilization in its aggregate work force in the San Diego
Plan area. A contractor subject to Part I which fails to comply with its
•
obligations under the Equal Opportunity clause of its contract (including
.*
failure to meet its fair share obligation if provided in the San Diego Plan)
or subject to Part II which fails to achieve its commitments to the goals for
minority utilization has the burden of proving that it has engaged in an
affirmative action program'directed at increasing minority utilization
and that such efforts were at least as extensive and as specific as the
following: > . •
a. The contractor should- have notified minority organizations
when employment opportunities were available and should have maintained
records of the organizations' response.
Page 26
b. The contractor should have maintained a file of the' ,i
' nair.es and addresses of each minority referred to it by any individual
or organization and what action was taken with respect to each such
referred individual, and if the individual was not employed by the con-
tractor, the reasons therefor. If such individual was sent to the
union hiring hall for referral and not referred back by the union or
if referred, not employed by the contractor, the file should have
documented this and the reasons therefor.
c. The contractor should have promptly notified the
City: < Contract Compliance Office when the union or unions with which
the contractor has collective bargaining agreements did not refer to
the contractor a minority sent by the contractor, or when the contractor
had other information that the union referral process has impeded
x-s
efforts to meet its goals.
d. The contractor should have disseminated its EEC policy
within its organisation by including it in any employee handbook or
i
policy manual; by publicizing'it in company newspapers and annual re-
ports, and by advertising such policy at reasonable intervals in union
publications. The EEO policy should be further disseminated by conduct-
ing staff meetings to explain and discuss the policy; by posting of the
policy; and by review of the policy with minority employees.
e. The contractor should have disseminated its EEO policy
externally by informing and discussing it with all recruitment sources;
by advertising in news media, specifically including minority news
media; and by notifying and discussing it with all subcontractors.
f. The contractor should have made both specific and
i % «* .V -
reasonable recurrent written and oral recruitment efforts. Such
Page 27
efforts should have been directed at minority organizations, schools
with substantial minority enrollment, and minority recruitment and
training organizations within the contractor's recruitment area.
g. The contractor should have evidence available for
inspection that all tests and other selection techniques used to
select from among candidates for hire, transfer, promotion, training
»
or retention are being used in a manner that does not violate the
OFCCP Testing Guidelines in 41 CFR Part 60-3. (A copy of these guide-
lines will be provided by the Contract Compliance Office upon request.)
h. 'The contractor where reasonable should have developed
on-the-job training opportunities and participated and assisted in all
Department of Labor funded and/or approved training programs relevant
to the contractor's employee needs consistent with its obligations under
this- Part II.
i. The contractor should have made sure that seniority
practices and job classifications do not have a discriminatory effect.
j. The contractor should have made certain that all
facilities were not segregated by race.
k. The contractor should have continually monitored all
personnel activities to ensure that its EEO policy was being carried
out including the evaluation of minority employees for promotional
opportunities on a quarterly.basis and the encouragement of such employees
to seek those opportunities.
1. The contractor should have solicited bids for subcontracts
from available minority subcontractors engaged in the trades covered by
these Bid Conditions," including circulation of minority contractor
associations.
•'. • Page 28
t
Note — The City • Contract Compliance Office will provide
technical assistance on questions pertaining to minority recruitment
•sources, minority community organizations and minority news media upon
receipt of a request for assistance from a contractor.
3. Subsequent Signatory to the San, Diego Plan. Contractors
that are subject to the requirements of Part II at the time of the sub-
mission of their bids which, together with labor organizations with
which they have collective bargaining agreements, subsequently becone
signatory to the San Diego Plan, either individually or through an
association, will be deemed bound to their commitments to the San Diego
Plan from that time until and unless they once again become subject to
the requirements of Part II pursuant to Section A. 1-6.
^4. Non-discrimination. In no event may a contractor utilize
the goals 2nd affirmative action steps required by this Part II in such
" a manner as to cause or result in discrimination against any person 'on
account of race, color, religion, sex or national origin.
Part III: Compliance and Enforcement. In all cases, the compli-
ance of a contractor will be determined in accordance with Its obligations
under the terms of these Bid Conditions. Therefore, contractors who are
governed by the provisions of either Part I or Part II shall be subject
to the requirements of that Part regardless of the obligations of Its
prine contractor or lower tier subcontractors. .
•
All contractors performing or to perform work on projects subject
to these Bid Conditions hereby agree to inform their subcontractors in
writing of their respective obligations under the terms and requirements
of these Bid Conditions, including the provisions relating to goals of
minority employment and training.
Page 29
A. Contractors Subject to Part I. 1. A contractor covered by
v
Part I of these Bid Conditions shall be in compliance with Executive Order
11246, as amended, the implementing regulations and its obligations under
Part I, providing the contractor together with the labor organization or
organizations with which it has a collective bargaining agreement meet
the goals for minority utilization to which they committed themselves
in the San Diego Plan, or can demonstrate that every good faith effort
has been made to meet, the goal. In that event, no formal sanctions or
proceedings leading toward sanctions shall be instituted unless the
Office of Federal Contract Compliance Programs determines that the con-
tractor has violated a substantial requirement in the San Diego Plan or
Executive Order 11246, as amended, and its implementing regulations,
including the failure of such contractor to make a good faith effort to
meet its fair share obligation if provided in the San Diego Plan or has
engaged in unlawful discrimination. Such violations shall be deemed to
be noncompliance with the Equal Opportunity clause of the contract, and
shall be grounds for imposition of the sanctions and penalties provided
for in Executive Order 11246, as amended.
2. The OFCCP shall review Part I contractors' employment practices
during the performance of the contract. Further, OFCCP shall be solely
responsible for any final determination that the San Diego Plan is no
longer an acceptable affirmative action program and the consequences
thereof. The OFCCP may, upon review and notice to the contractor and
any affected labor organization, determine that the San Diego Plan no
longer represents effective affirmative action. In the event it shall be
solely responsible for any final determination of that question and the
consequences thereof.
••' Page 30
3. Where OFCCP finds that a contractor has failed to comply
with the requirements of the San Diego Plan and its obligation under
Part I of these Bid Conditions, it shall take such action and/or impose
such sanctions as may be appropriate under the Executive Order and its.
regulations. When the OFCCP proceeds with such formal action it has the
burden of proving that the contractor has not met the requirer.^nsts of .
these Bid Conditions. The failure of tha contractor to comply with its
obligations under the Equal Opportunity clause shall shift to it the
requirement to come forward with evidence to show that it has net the
good faith requirements of these Bid Conditions by instituting at least
•
the specific affirmative action steps listed in Part II, Section 2. The
contractor must also provide evidence of its steps toward the attainment
of its trade's goals within the timetables set forth in the San Diego
t
Plan. "The pendency of such formal proceedings shall be taken into con-
sideration by Federal agencies in determining whether such contractq.r
can conply with the requirements of Executive Order 11246, as amended,
and is therefore a "responsible prospective contractor" within the meaning
of basic principles of Federal procurement law.
B. Contractors Subject to Part II. In regard to Part II of these
Bid Conditions, if the contractor meets the goals set forth therein or
can demonstrate that it has made every good faith effort to meet these
goals, the contractor shall be presumed .to be in compliance with Exec-
utive Order 11246, as amended, the implementing regulations and its
obligations under Part II of these Bid Conditions. In that event, no
formal sanctions or proceedings leading toward sanctions shall be insti-
tuted unless the City" otherwise determines that the. contractor is vio-
s -
lating the Equal Opportunity clause.
Page 31
Where the City finds that the contractor failed to comply i/ith
*"•• -
the requirements of Executive Order 11246, as amended, the implementing
regulations and obligations under Part II of these Bid Conditions, the
City may impose one or more of the following sanctions:
(a) -Find that the contractor is not a responsible bidder for any
future contracts "until he has demonstrated to the satisfaction of the
City that he has made a good faith effort to improve minority employment,
and will comply with the Bid Conditions in effect at the time of any
future bids; in no event shall he be a responsible bidder on contracts
advertised \«Lthin one year from such findings, unless earlier approved by
the Carlsbad City. Council.-
QJ) Terminate the entire contract effective- at a tine specified
s • '
by the City.
(c) Terminate any portion of the contract or work thereunder.
(d) Direct the prime contractor to terminate -all or part of the
contract with any subcontractor determined to .be in violation of the Bid
».
Conditions.
Ce) Find that any subcontractor in violation of this Program
is not a responsible party to a City contract and refuse to accept bids
from prime contractor who intend to use such subcontractors in performing
City contracts, until the subcontractor has demonstrated to the satis-
faction of the City that he has made a good faith effort to improve
minority employment and will comply \vith the Affirmative Action Program
in effect at the time of any future bids; in no event shall he be a
responsible party to any City contract advertised within one year from
such finding unless earlier approved by the Carlsbad City Council.
Page 32
(f) Since it is one purpose of this Affirmative Action
to improve employment of racial and ethnic minorities which made up a
substantial portion of the welfare cost to the County, and since it is
estimated that greater minority employment will reduce such cost in an
amount not capable of accurate measurement there may be assessed the sun
of 1/4 of. 1% of the contract price as liquidated damages for each day
tender the contract for which the contractor has failed to comply with
these Bid Conditions.' Such liquidated damages shall be a minimum of
$25.00 per day and a maximum of $100.00 per day.
When the City proceeds with such formal action it has the
burden of proving that 'the contractor has not net the goals contained in
Part II of these Bid Conditions. The contractor's failure to meet its
goals shall shift to it the requirement to come forward with evidence to
show that it has met the good faith requirements of these Bid Conditions
by instituting at least the specific affirmative action steps listed in
Part II, Section 2. The pendency of such proceedings shall be taken into
consideration by the City" * in determining whether such contractor can
comply with the requirements of these Bid Conditions, and is therefore,
a "responsible prospective contractor" within the meaning of the basic
City ' regulations.
C. Obligations Applicable to Contractors Subject to Either Part I
or Part II. It shall be no excuse that the union with which the contractor
has a collective bargaining agreement providing for exclusive .referral
failed to refer minority employees. Discrimination in referral for
employment, even if pursuant to provisions of a collective bargaining
agreement, is prohibited by the National Labor Relations Act, as amended,
. Page 33«. <
and Title VII of the Civil Rights Act of 1964, as amended. It is the
policy of the City • that contractors have a responsibility to provide
equal employment opportunity if they v/ish to participate in Federally in-
volved contracts. To the extent they have delegated the responsibility
for some of their employment practices to s. labor organization and, as
a result, are prevented from ir.eeting thsir obligations pursuant to - '
Executive Order 11246, as amended, such contractors cannot be considered
to be in compliance with Executive Order 11246, as amended, its imple-
menting rules and regulations.
Part LV: General Requirements. 1. Contractors are responsible
for informing their subcontractors in writing regardless of tier, as to
their respective obligations under Parts I and II hereof, as applicable.
Whenever a contractor subcontracts a portion of the work in any trade
covered by these Bid Conditions, it shall include these Bin Conditions
in such, subcontracts and each subcontractor shall be bound by these Bid
Conditions to the full extent as if it were the prime contractor. The
contractor shall not, however^ be. held accountable for the- failure of
its subcontractors to fulfill their obligations under these Bid Conditions.
However, the prime contractor shall give notice to the *Q3*y-->* Contract
Compliance Office of any refusal or failure of any subcontractor to fulfill
its obligations under these Bid Conditions. A subcontractor's failure to
comply will be treated in the same manner as such failure by a prime
contractor. . • . • .
2. Contractors hereby agree to refrain from entering into any.— •—
contract or contract modification subject to these Bid Conditions, with a
contractor debarred from, or who is determined snt>t to be a "responsible"
bidder for City- contracts.
Page 34
)
3. The contractor shall carry out such sanctions and penalties
for violation of these Bid Conditions and the Equal Opportunity clause as
may be imposed or ordered by the City. Any contractor who fails to
carry out such sanctions and penalties shall also be deemed to be in
noncornpliance with these Bid Conditions.
*
".4. Nothing herein is intended to relieve any contractor during
the tern of its contract from compliance with. Executive Order 11246, as
amended, and the Equal Opportunity clause of its contract with respect
to matters not covered in the San Diego Plan or in Part II of these
Bid Conditions.
Part V. Records and Reports. Contractors and subcontractors
shall maintain and permit'access to updated employment records which
will indicate the distribution of minority and "other" groups by craft
*
or trade classification and respective man-hours worked each month. The
"Monthly Manpower Utilization Report" (Fora 66) will be submitted in time
to reach the City "Contract Compliance Office by the 5th of each month.
This will require a cut-off date of the 25th of each month,, or earlier
as desired, for reporting purposes. Subcontractor reports will be
obtained by the prime contractor and submitted with his own report.
Page 35
CITY 'OF CARLSBAD
CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
IN OCEAN STREET AND BEECH AVENUE
E.D.A. PROJECT NO. 07-51-23001
CONTRACT NO. 1043
PROPOSAL
To the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Gentlemen:
92008
The undersigned declares that he has'carefully .examined the location of the v/ork, read
the Notice Inviting Bids, examined the plans and specifications, and hereby proposes
to furnish all labor, materials, equipment, transportation and services required to do
all the work to complete Contract No. 1043, E.D.A. Project No. 07-51-23001, in ac-
cordance with the plans, the specifications of the City of Carlsbad, and tn-1 special
provisions, and that he will take in full payment therefor the following unit prices •
for each item complete, to wit:
Item . Approximate
No: Quantity & Unit
Article with unit price or
lump sum written in words
Unit
Price TOTAL
1. 2,350 Lin.Ft.8" E.S.V.C.P. Sewer Main 8' to
15' in depth on crushed rock
bedding including trenching,
backfill and resurfacing complete
in place at
L
*T*A^.
and
.-£• ~4-J „
/ //.-I/(/ U
-——Dollars
— f* f-\r\^- c~LGnLS
per Lineal Foot
255 Lin.Ft.8" E.S.V.C.P. Sewer Main on concrete
cradle 15' to 22' in depth including.
trenching, backfill and resurfacing
complete in place at
£ 57 Si
and
per Lineal Foot
Page 36
Item Approximate
No-; Quantity & Unit
Article with unit price or
siKn, written in words
Unit
Price TOTAL
3.
4.
5..
6.
690 Lin.Ft.
8 each
9 each
3 each
8" E.S.V.C.P. Sewer Main encased
in concrete 22' to 30' in depth
including trenching, backfill
and resurfacing complete in place
at
Dollars
/nd
per Lineal Foot
Cents
4" E.S.V.C.P. Deep cut Sewer
Vertical Stacks Per P\an cmplete
in place at. /*... ,.^ .
Dollars
'./J d Centsany
Each
4' Diameter Sewer Manholes 8' to
15' in depth complete in p\ace
a ps
\ -Centsand
Each"
4' Diameter Sewer Manholes, approxi-
mately 25' in depth including cover
locking devices complete in place
4
/
and A/o Cents
7.5 each Tie existing sewer system into new $
8" E.S.V.C.P. Skewer per plan,complete '
in place at /^•^/~c>c^y-»/^—<
Dollars
and
Each~
Cents
oo •—
Page 37
Item
. ND-.
8,
Approximate
Quantity & Unit
1 each
Article with unit price or .
lump sum written in words
4'x 8!x3/4" Plywood, painted
E.p.A. site sign complete in
place at
T1*,^. &w~-L'&^A'' — — Dollars
and Jt/r frn1-<-0 1 1 U Jy { ^ \* U 1 1 U -^
Unit
' Price TOTAL
7 && & " So o -
Each
TOTAL (Figures)9525
TOTAL (in v/prds)
Page 38
All bids are to be computed on the basis of the.given estimated quantities of
work, as indicated in this proposal, times'the unit price as submitted by the
bidder. In case of a discrepancy between words and figures, the words shall
prevail. In case of an error in the extension of the 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 estimated quantities of work indicated in this proposal are approximate
only, being given solely as a basis for comparison of bids.
The undersigned has checked carefully all of the above figures and understands
that the City will not be responsible for any errors or omissions on the part
of the undersigned in making up this bid.
The undersigned agrees that in case of default in executing the required contract
with necessary bonds and insurance policies within fifteen (15) days from the
date of award of contract by the 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.
The undersigned is aware that the Payment Bond is in the amount of 100 percent of
the amount bid for the contract. The undersigned is also aware that the-
Performance Bond is in the amount of 100 percent of the amount bid for the contract.
The undersigned bidder hereby represents as follows: (a) That no Councilman,
officer, agent, or employee of the City of Carlsbad is personally interested,
directly or indirectly, in this contract or the compensation to be paid here-
under; that no representation, oral or in writing, of the City Council, its
officers, agents, or employees has induced him 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 (b) That this bid is made without connection with
any person, firm, or corporation making a bid for the same work, and is in all
respects fair and without collusion or fraud.
Accompanying this proposal is r> //V _ '?OO // C_ _
cash, certified check, cashier's check, or bond]
£in an amount not less than 10 percent of .the total bid price.'./'' • x " •"•'"'
The undersigned is aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for workmen's'
compensation or to undertake self-insurance in accordance with the provisions
of that code, and agrees to comply with suc!\ provisions before commencing the
performance of the work of this contract.
BEL
ORIGINAL
IF A SOLE Ol-JMER OR SOLE CONTRACTOR, SIGN HERE:
/
Page 3?
r~(1) Name under which business is conducted r.- // /\ /c-/~/ r / • c t._ (.-/•- / "^ ' r -,:y. £ ,,— f
(2) Signature (Given and surname) of proprietor
(3) Place of Business
(Street arid Number)
City and State Zip Code
(4) Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under v/hich business is conducted
(2) Name of each member of partnership
(Indicate character of each partner, general or special (limited)
(3) Signature (Given and surname and character of partner)
(Note: Signature must be made by a general partner)
*
(4) Place of Business
(Street and Number)
City and State . '_ Zip Code
' Telephone No. '
IF A CORPORATION, SIGN HERE:
I) Name under which business is conducted
, , • /.- / xi j? // /) > •• k.''?'• i"^ ' kr-t~r'*r:\ rfffi'(2) Signature, with official title of officer J./^--^ / '-* -W.O.\ -/. '
Authorized to sign for corporation
-------./•
(Impress Corporate Seal Hero)->'..',1 '• >
• " x7 ' '^ '' ' 1(3) Incorporated under the laws of the State of C/?s//=• e..g*>/'/) \ 'iV•_ .
(4) Place of business £33 ^o^9^^>f UJ/3-*-/, -/7/9, /V- /''"'" ..""'•'''
' ^Street and Nuiiiber)
City and State
(5) Telephone No. _?/?• </'/S-^£ff3 Zip Code
Page 40
)1Y70UR STATE CONTRACTOR'S LICENSE FOR fie,?^^^
CLASSIFICATION IS NO. £7^/S,3 EXPIRES 3l(l/e 3 o , 19 7?
This license classification must also be shown on the front of the bid
envelope. Failure to show "license classification on the bid envelope
will cause return of the bid unopened.
THIS PROPOSAL MUST BE NOTARIZED BELOW
SUBSCRIBED AND SWORN TO BEFORE HE, THIS DAY OF w#tf'r« » 19
Notary Public in and for the
County of
State of
^;-"J~'":*'.'*^-''-''?i;<'l^:.-i.','-vft'-'',;'>'>-'-l,';I7i' 'v>.'.S?^:'-~ "••'i>"'^v
aria! S e~aTT~
D ' -..-.:,-! 1 i • •• ~ A 'Ii (-. i i i. •./:.• I . : -'.i./lrJ
^TAVc Cr CALII'J'MA
FKi:i!;:?V_ 0". i^^ IM
LIS A'iCSLuS CuuJP'Y
My Commission Expires Fibruary 13, 1973
_ORIGINAL
•" .KMDW ALL MEN BY
i
•
That we,
and
JUWJLJ TU ACCOiMPANY PROPOSAL
>SE PRESENTS,
Pa'ge 41
, as Principal,.
Transamerica Insurance Company , as Surety, are held and.firm]
bound 'unto the City of Carlsbad, California, in the sum of
/.A/ Dollars ($/Q ), lawful money of
the United States for the payment of which sum well and truly to be
made, we bind ourselves, jointly and severally, firmly by these present
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounden principal for:
Construction of Sewer Improvements in Ocean Street and Beech Avenue.
Contract No. 1043, E.D.A. Project No. 07-51-23001,
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 (15)
•fifteen days from the date of av/ard 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, arid the amount specified" herein
shall- be forfeited to the said City.
•j
In the event that 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
_' 1977»
o set our hands and searls , uhis /^ '
./ ,;',•'''!'•:'. "-'•., '• '•',
Corporate Seal (if corporation)
Acknowledgement ?bf
Attorney in Facjt)
..,.Transamertca Insurance C.cni
Surety
TitleT. L. O'Loughlin,
-.- v .,'--,..•••
(Notarial acknowledgement of execution by all PRINCIPALS1 "arid'"SURETY
mu«t be attached.)
Surety Companies executing bonds must appear on the Treasury Department's most
current list (Circular as Amended) and be authorized to transact business in the
state where the project is located.
STATE OF
COUNTY OF_
On this
Los Angeles ss:
—day oL±LJl^_r_ in the year one thousand nine hundred
, before me . Pnt^rj.cia Ha ran a
Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap-
Ipeared T« L» °' Lough 1 in
an(j_ n 3 ven ty-s eve n
! known to me to be the duly authorized Attorney-in-Fact
pf the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument;
and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as
Surety and his own name as Attorney-in-Fact.
| IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer-
iificate first above written.
MI o/i pi. '
r!y CuKi.-nission Expires February 13, 1973
<^Notary Public in and for said County nnd State
IT
ORIGINAL
STATE OF CALIFORNIA,
Los AnqelesCOUIW OF_
ss.
OiL November 1
before me, the undersigned, a Notary Public in and for said State, personally appeared;yg^i^^y^j;:£^>^^ • -•' ..:••••• ••.-. • • • -^ -
fl.£.,_!lLtr_ovich_ , known to me to be the
Christeve Corp.of thethe Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
"Trni7c!A"URAM ]
NOTARY Pl'CLlC . ;
STATS Or" C^L!.-0.-!NIA 'i
PKi.TJli'flt OFFICE IN
LOS A:i!':'-l-:.» COUNTY
WITNESS my hand-and official seal.
: Notary Public in and for said State.
ACKNOWLEDGMENT—Corporation—WolcottJ form 222—Rev. 3-64
if frHjHTtijnnil disunity /iiMira
/rom TVo/isa/ncrifa C<ir>n.mth,
mm®
POWER OF ATTORNEY
r".^r-^£%&>3^^
By
J. W. FLESHMAN, Vice President
State of California
County of Los Angeles ss
On this 26th day of September , 19 77. before me personally came J.VV. Fleshman to me
known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State of
California; that he is a Vice-President of Transamerica Insurance Company, the corporation described.in and which
executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instru-
ment is such corporate,. BQ3-I; that it was so affixed pursuant to authority given by the Board of Directors of said
corporation and thoV'he signed his name thereto pursuant to like authority, and acknowledges same tobe the act
and deed of sai;1 ''CorpWjititm/'•'..
'' •>'' •' OFFICIAL SFAL '• '•. 5
' EtiZABETiHjAHERNE f
NOTARY Pt/3ud CALIFORNIA |
-', ' HRINClP.Vl' OFFICE IN |
'. LOS ANGF.ilKS COUNTY |
I My Commission Efpir»s March 30, 1980 jj
*
*
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, rioos hereby make,
constitute and appoint T.'L. O'LOUGHLIII OR W. C. VAN ROOY BOTH OF GLENDALE, CALIFORNIA
*******************************
***** * ** ***** * * A * A A * * * * * * * * * * * * A A
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a sea! is required, bonds, undertakings, re-cog
nizances or other written obligations in the nature thereof, as follows: Any and all bonds and undertakings
for or on behalf of this company in its business and in accordance with its Charter * *
* A * ** * ** A A * ** * A * * * * * * A A * * * * A A * * * *
* ** * * * * * **** ft* *ft * ** * * ' A * * A * * * A * * A
and to bindTRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-m-Fact. pursuant
to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now
in full force and effect:
ARTtCLc VI!
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements,
stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting
undertakings, and ail other instruments pertaining to the insurance business of the Corporation, shall be validiy executed when signed on bshaif o"f
the Corporation by the President, any Vice President or by any other officer, employee, agent or Altorney-in-Fact authorised to so sign by (;) the
Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, tna President or any Vice
President to give such 'authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may t>3 a facsimile, and
unless manually signed by the President cr a Vice President, a facsimiie signature of the President. A facsimile signature of a former officer shall be oi
the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest
such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution
adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October
1963.
"Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of
attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance or other wriltsn
obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by
its proper officer and its corporate seal to be hereunto affixed this 26th day of September .19 77-
Notary Public
1719A I4-76I
I, J. H. Tanner,.' Assistant Secretary of Transamenca Insurance Company, do hereby certify that the Power of
Attorney herein before' Sfii'forth is a true and exact copy and is still in force, and further certify that Section 30
of Article VII Qt the;6y-l-£j'ws of the Company and the Resolution of the Board of Directors, sot forth in said Power
of Attorney {We. still in force. In testimony whereof I have-hereunto-subscribed my name and affixed the seal of
the said Company t'hjs ,•' r day of , 19'
J. H. TANNER. Assistant Secretary
'
ORIGINAL
EM PROJECT T 07-51-23001- NO. 1043 • .
In compliance ui.th the provisions of the Subletting and Subccrrtractiiig Fair
'Practices Act (Section '(100 ei: sec of the Govern:;y>[it Cod ,2 'of the State of
California; the undersigned Bidder har; set forth below the full na:;:e and the
..location of the: place of business of each Subcontractor who will
vork or labor or render service Co -the Pri:::e Contractor in or p'oout:
construction of the v.-ork or improvement, or a Subcontractor licenced
State or California who, under subcontract to the Prir.e Contractor,
fabricate.'; and install;; a portion of the vork or ip.provc-.T.eat accordi
2
and
perform
ut: t he
by the
by
to
detailed drawings contained in the plans and spec if ica ticcu: to \;hich tiie
attached bid in responsive, and the. portion of the vork which will be done
each Subcontractor -for each subcontract in excess of one-half of one percent
of the Priir.e Contractor's total bid.
The ;3idder understands that if he fails to specify a subcontractor for any
portion of the vork to be performed under the contract in excess of cnc-iaif c:
one percent of his bid, he shall be deeruec to have agreed to perform, st:
hi.T.seli', and that he .shall not be perr.itted to sublet or subcontract:
of '-1s:: the v:ork except''in cases of .public eir.or^sp.cy or necessity, and th-:•;•; only ;= f
f.in-Jir>5, reduced to vry.ing as a public record of the A;:ar:c :•:-.£ Autr.^ri ty, r.,r
3rt:i the facts constituting the erv.er^er.cy or necessity. If r.o subccr. trr.c tori-
re to be employed on th'q project, enter the vcrc "NOXIi".
fc
ar
Division of Work Subccr.trr.c rcr .
License No.
License N'o.
License No.
License N'o.
OflifilMAL
License No.
TOTAL % su3Co:;f:L\cT:-:D
Revised: 3-1-7A
OF MlflOR'TY BUSINESS ENTERPRISES • ~ - Page -4;t
Ge_neral_:
At least 10 per centum of the cost of the EDA grant shall be expended for
minority business enterprises. Bids not designating the 10 per centum
requirement v/i 11 be considered nonrespsonsive.
The 10 percent-to be expended-for Minority Business Enterprises for this
project shall be based en an EDA grant amount of $189,315.00.
[j I ain a MINORITY BUSINESS ENTERPRISE
or:
f' The follov/ing nir.ority'business enterprises will perform
work on the project:
Description
of V;ork
Percent of
Grant Afncu?r
Legal Name and
Adore5s of
Mi MO ri ty Enterprise Tel e rs r, c p. e Me.
.3. \3-ic.Vf-35^7
/.«£
Total %ML
Page 44
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AND EXPERIENCE
(The Bidder is required to state what v;ork of a similar character to
that included in the proposed contract he liar; successfully performed
and give reference v/hich will enable the City Council to judge his
responsibility, experience, skill and business standing.)
The undersigned submits herewith a statement of his financial respon-
sibility.
The undersigned submits below a statement of the work of similar
character to that included in the proposed contract which he h<~is
successfully performed.
fyt-M^' )?.£•£' tSr<'£&&a ^/ssrs-.s-ty^' £.'<?-#('&' */l>t' ^.^,- _
.Pgfi oo
////" fy'-js-/(.'(.'/,•
Signfeot
PJ^ E.rf'^i^ MORIGINAL
Page 45
cznTiFiu.»ric:i BY PROPOSED BIDDER RKCA£^JI::G
EQb'AL EIIPLOYMEXT OFPORTUIilTY
:r.-.d o ir.a Contractor / '
07-51-23001
EDA Project I;o,
GENERAL
In accordance with Executive Order 112-',6 (30 ?.R. 12319-25), tha ir.;ple=sntir.s
rules and regulations thereof, and orders of the Secretary of Labor, a
Certification regarding Equal Opportunity is required of bidders or prospecti-.
contractors and their proposed subcontractors prior to the av;ard of contracts
or subcontracts.
: . - - - •-.••-••- ••- 'CERTIFICATION o? BIDDER ••-.-..
Prir.^e Contracco:
*> i. c~ d o IT s , i tiin-5
Address #"' /I V
1. ?art:c:pacion ir: n previous ccntrac: or subc-T.tracr.
o. Cci'Ltractor has par::ci~n.:£d ;n a previous ccn^r^ct or cisbccr:t'-c: subject :o the
'"-..^1 r- . _• . /"•£.-_ a; or:pcrt".~:ty < ause • «•••••»••••«• . ..................
» -
or sirbccntrac;
c.Contractor Has filed rill conplinrice reports required by Executive Orders 1C925,
llli-i, 112-^6 cr by re-ulncicns of :he Equal Employ — en: Opporrunky Co—..-nissicn
issuecTpursuan: to Tide VU of the Civil Ri^r.rs Ac: of 1964
GINAL
V7! Yes
iJ. If rins-=r--r to Icern c is "No," plc=sc explain sn detail on reverse SJCL- of :his crrtificr.riori.
•> Dollar nrzour:: of prooosed contract $ „__/_ . * * '' ' ' •' ~" "~' ~""" ~ •"
2. Anticipated pcrforrr.ar.ee period -. , = . , .
4. Expected total number of employees who will perform :he proposed contract
.so
o. r*ot:ce to Prospective Contractors of He quire rr.cn: for Certification of '.'onncgrr-nred Facilirics
(1) A Cc:ti::c=t:cn of N'onse-rernted Facilities, as required by the May 9. l?67, order (32 F,P\. 7-i;?.
M-w 19. 1C67) on Elirninr.tion of Serjrcrjnte^ Fucilicic-s, by the Serrecnry of L-bor, .-n-j^c be sub-
ni::cd to the contractor prior to the arord of rt aubco.itrrtcr crcct-riiriij $10,OCO v/h:ch is noc cx-
empr from :hc provisions of the Equal Opportunity clause. •
(2) Cor.tracrors recrivinr; subcontract nwards c^crcdin;; S10.COO ~/hic:i nre no: e.-ccrr.rc from the provi-
sions oi the Equal Opportunity clause -x-Hl be required to provide for the forr/rttcinr; of this notice
«o prospective subcontractor:: for supplies .-.nd construction contracts r.'hrrc the subcontracts ex-
ceed J10.CCO and arc not exempt from the provisions of the Equal O-porrur.icy clause.
c::;':C2:ien or Xonsctjce-nccc! r ci!i:ies Paqe 46
The fct!tra:!v-3ssls:cd ccn5;r-'c:io.i contractor ccr:i:i-.'s thac ho decs no; rnni.-uain or ^foviJ; for hi.-. c.-r. 7 ::>•.••
ctrs r-.nv Dcr;:cr;2tC'.I f^cili::rs r-.t :ir.y of his c.s:abl:c!'."tT.ts, nr:d tha; he docsnoc pcrmi: his crr.ploycv.-; ;o rer
/orrs their services nc any locr.cion, cnder his control, v.-ficre ce^:c-:-.:cd f.N.c:!icii-s nrv :?.nir:ca:n.--J. T'--_- ;..-.i-
cr.":':!'.''-!-''-''is:-'" cor.ccrucrlor: co.-.crr.cror cc:l:/:es f'J::her t:-.2C he will r:yc r.:r.ir.c.:i.-: or ^.-.ivicr for !:ii; cr.:::!.:•.-L-
sr.v scr.rc~z:u".i :::c:ii::-js ^t .'ny of h:s c3:::L!;:h.T:^r.:3,.cnc! :hr.: he v.-i!! r.c; rc:":t :::; -.:•.-.:>'.av^"-; :a •;•_•::".::."
the:: r.crv:cc^ r.: -i::y locr.cicr., LT.CV: h:.s cor.rroi, "'here si--:-;;~:e.! :.-.c:!;:i _ s ?.:;.• :r..-.•..;?.•;:-.--j. The ;"•-•' —''-.
s^r-isicC csr.u:r_: jr.'on cor.:rz;:or r.~roci; :!-..'.: a broker, of :h:s c t:::::c?.:^or. ::; .1 v:o!a::i,.-; cf ;hj rlc1::1.! C.~-->:
hns ob:-I=trd ;c'cr::icil ccrr:::ca::cr.s frora proposed subccr:::2c;ors for specific :ir-.s r^.-.-oc^) he 7.-:!I cb:i.:.-.
i.-.- 510,"00 T/hlch arc roc czcrr-.p: f:=rj the prov-sicr.s of :hc r:cu-! Cppor:_.-.::•.• clause, -::d :r.-: :-•_- r.--';! :-.:a
:h- cuplic^rc of such c^r::f:c2^:c.-:s :.i his files. The s'-bccr.::^c:or •.•ill incl'-ds chc o.-i-.'r.al in hie 2:£ r.-'.c
c. Rcco or o:hnic' grcuc Jcsicr.-tier, o: ccntrsclcc. r.r.:cr rzcc o: e:r.:::c r;roup :a :':
~3] Ner::o -=- [ • Spanish .'.-s.-icnn Qj Crior.czl
Taire (cthvr :bar. Spr.ni^h A.T.C::C::-.)
7. i::2 cor.structic:: csn^ractcr cercino not;
r.c.r.r.er •-•.•it:i Che Crar.ce-i/Scrrcver of the feclornlly assisce-J
project:.
'A
i, Ccrtit:==?i=o - Tbs :r.fonr.2clon above is trtic 2nd complere to the best of my J:r.ov,-Jcc?^e =.-.ci bolter.
A- 7-77
DJIC
HO i c; Th= p;r.=!cy for mnkin^ false st.itcrr.ents in offers is proscribed in J3 U.S.C. 1COI.
U1COMM.OC
In cornice • >n with the performance ot! work "'dcx this contract, «;!u»
Contractor Agrees as follow.-;:
1. The Contractor will not willfully discriminate; against any cm~- " '
ployee or applicant: for employment bccciuso of race, religious creed,
color, national origin, i\ n c •_• r; 11: y, .phyr.ical handicap, medical co;idit i 0:1,
marital' r. tat-.ur,, or -sex. 7'ir.- Contractor will take af f i i :i:nt i ve action
to ensure that applicants -'.re c:nploy.'-d , arid that employees are treatt.-i! '
.during employment, without regard to their race-, religious creed,
color, national origin, ancestry, physical handicap, medical condition,
marital status, or sex. Euch action shall include.-, but not be
limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; r,nter,
of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided by the awarding 'authority setting forth the provisions
of this Fair Employment Practices Agreement.
2. The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a-notice, to be provided by the awarding
authority, advising the said labor union or worker:;1 representative
of the Contractor's com:.-,it::ents under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employ?.-at.
3. Thfi Contractcr will permit access to his records
employment advertisements, application fo
data and records by the Fair K~pios~c-:it:. Practices Commission, the
awarding authc
agency c-
or any thsr approprate cr.pioyre,
C iTV oir CAratSSAD, or the State of California desig-
nated by the awarding authority, for the purposes of ir.vestigatio
to ascertain compliance with the Fair Employment Practices provis
of this contract.
4. A finding of willful violation of any of the Fair F_mployment
Practices provisions of this ccr.trnct or of the California, Fair
Employment Practices Act shall be regarded by the awarding authority
as a basis for determining the Contractor to be not a "responsible
bidder" as to future contracts for which such Contractor nay submit
bids, for revoking the Contractor's prequalification rating, if any,
and for refusing to establish, re-establish or renew a precualifi-
cation rating for the Contractor. • ....
The awarding authority shall deem a finding of willful violation of
the California Fair Employment Practices Act to have occurred upon
receipt of written notice from the Fair. Employment Practices Com-
mission that it has investigated and determined that the Contractor
.has violated the Fair Employment Practices Act and has issued an order,
"tinder Labor Coca Section .1426 or obtained an injunction under Labor
Code Section 1-129.
Upon receipt of such written notice from the Fair ISnployment Practices
Commission, the awarding authority shall notify the Contractor that
unless he demonstrates to the satisfaction of the awarding authority
within a stated period that the"violation has been corrected, his
prequalification rating will be revoked at the expiration of such
period.
5. The Contractor agrees, that should the awarding authority Jatt-r-
lainc that the Contractor lias not. complied with the Fair i'mploy.neiit
Practices section of this contract, then pursuant to Labor Code
Spctions 1735 and 1775. the Contractor shall, as a penalty to the
Awarding Authority forfeit, for each calendar clay, or portion there-
of, for each person who was denied employment as a result of such
non-compliance, the penalties provided in the Labor Code for vio-
lation of prevailing wage rates. Such monies may be; recovered from
the; Contractor. The awarding authority may deduct any such damages
from any monies due the Contractor.
-.»,si .-V-.T '•
6. XothJr.fj cor.tai.-.cd .' this Tair LT-.ployinent I'racticcs r.iemo.nt
filial! bo construed in-i . nannor or fashion so as to prc _-nt the
awarding authority of the County oC San Diego fro:n pursuing any
other rcric'dies tliAf. nay be available; at law.
I .
7. Kair Trtolov.^erit Prac!. i.ces_ Cor t i 5i ca tfon : Vrior to entering into
a wrltT^.n" Co;"^^ > th.o Contractor
shall certify to the aw.i rdi.:ig authority that: ho has or will ::-.•:: r:t the
fc] Jewing standards for af fi rma ti ve compliance, which sh;i).l bo eval-
uated in each case by the awarding .v.: thonty.
a. ' The Contractor shall provide evidence, an required by the
awardir.c: authority, 'th.it he has nci.ifiod all supervisor:-,, foremen
and other personnel officers in writing of the content of thr; anti-
discrimination clause and their rerpar.sibilities under it.
b. Trie Contractor shall provide evidence, as required by the
awarding authority, that he has notified ail sources of •er.plcyee
referrals (including unions, employment agencies, advertisements,
Department of llv.ployrr.cnt) of the content of the antidiscrimination
clause.
c. The Contractor shall file a basic compliance report, as
rccuired bv the awarding authority. Willfully false statements made
in "such reports shall be punishable as provider! by law. The com-
pliance resort shall also ..'-.pell out the sources of the work force
and who has the responsibility for determining whom to hire, or
v:/:ether or.not to. hire. ••- •••• " ' -.--..
d. Personally, or through his representatives, the Contractor
zr.ents, attempt to develop an' acreem-:-::t which will:
(1) Spell out responsibilities for nondiscrir.iination in hiring,
referral, .upgrading and training.
• (2) Otherwise irr.pl om.unt a:i affirmative antidiscr i:.-.ina ticn pro--
gran in terms of the union's specific areas 'of skill and geography,
to the end that qualified, m.incrity workers will be available and
given an equal opportunity for e.rr.olcyrr.ent.
e. The Contractor shall notify the awarding authority of oppo-
sition to the anticiscriminaticn clause by individuals, firms cr
organitaticns curing the poricd of its prequalification.
8. The Contractor will include the prevision;; of the foregoing
paragraph~- 1 through 7 in every first tier subcontract, so that such
provisions will be binding upon each such subcontractor.
9. The ^ fern of certificate as shown below must be executed at th--> ;-'-.c
shall become part of the Contract dccumc-nts. " ""' *~
Page 48
Oi
^ ^\^.s
FAIR .MEr.'T PH.-.CTIC.vS CSP.TIFICA7ION
To the City cif Carlsbad
Tl:e uncersicned in submitting a bid for porforming the work .specified
in.the Contract documents, hereby certifies that he has or will meet
all the standards of affirmative compliance with the California Tair
Er.oloyment Practices Act and such additional requirements as are
stated ha rein.
.ogai Name oc Didder */
l.^Lj^^<(Pr-nu or Typo)
BY: //•/ ///-/•/? O I'/C./1
TTTf T.A * lrf«« •
\
\J
.''..-£-~l •-
Revised S/r/77
Page 49
HOll-^LLUS10:J AFFIDAVIT
the-.City Council of the City of' Carlsbad,- State of California
* • ' . :- " *
un'X'Vsitv.iccl in submitting 'a bid for performing the following vork by contract
:-."• duly sworn, deposes and says:
.L hci has not, either directly or indirectly, entered into any agreer.eat,
:.icina'tcd in any collusion, or otherwise 'taken any action in restraint of; free.
•;c'citive bidding in connection with such contract.
.i THE CONSTRUCTION OF SEWER IMPROVEMENTS IN OCEAN STREET AND BEECH AVENUE.
.TRACT NO. 1043 " .
. PROJECT NO. 07-51-23001
\ /)* ' ./-. 1 /M^SZ^-Signature dr Bidder
d s'.:orn to berore ;
^ ^
oav 0
, »^r
Nccary Public in and for ihe County of
State of
ssicr.- E::piraa /x PATRiCIA !!Af]A
tl,>AL OH'iCE IN
L03 ANGELiio UtU.| M;.T.r^ L03 ANGELA UtU.UV
. My CommisilnirExpires February 13, 1073 3
FORM ED-122
(REV. 3-72)
U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION OMB Approval Not Required
5O
CONTRACT
THIS AGREEMENT, made this the 3<=> —
and between (]) The City
its (2).
(Name of Owner)
City Council
and (3)
(Authorized Representative)
Chinsteve Corporation
County°f
day of , 197_7_, by
. , acting herein through
, hereinafter called " Owner "
(a corporation) located in the City of
-, doing business as
and State of
hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter men-
tioned, to be made and performed by the Owner, the Contractor hereby agrees with the Owner to
commence and complete the construction described as follows:
Sewer improvements in Ocean Street and Beech Avenue. Contract No. 1043,
E.D.A. Project No. 07-51-23001.
Two Hundred Mine Thousand Three Hundred and Twenty-five
hereinafter called the project, for the sum of / Dollars ($ 209 ,325.00 ) and
all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the contract; and at his (its or their) own proper cost and expense to furnish all the
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the said project in accordance with the conditions
and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and
Special Conditions of the contract, the plans, which include all maps, plats, blue prints, and oth-
er drawings and printed or written explanatory matter thereof, the specifications and contract doc-
uments therefor as prepared by the Engineering Department, City of Carlsbad, CA.
herein entitled the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental
General Conditions, all of which are made a part hereof and collectively evidence and constitute
the contract.
The Contractor hereby agrees to commence work under this contract on or before a date to be spec-
ified in written "Notice to Proceed" *of the Owner and to fully complete the project within 1 50
consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages,
the sum of $ 100.00 for each consecutive calendar day thereafter as hereinafter provided in
Section 19 of the General Conditions.
The Owner agrees to pay the Contractor in current funds for the performance of the contract,
subject to additions and deductions, as provided in the General Conditions of the contract, and
to make payments on account thereof as provided in Section 25, "Payment to Contractor," of
the General Conditions.
(Over)USCOMM-DC 59620-P72
(2)
IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6)
counterparts, each of which shall be deemed an original, in the year and day first mentioned
above.
(Seal)
ATTEST:
MARfGARBf E. ADAMS, "City Clerk
S x~ fffajjuZ
(Witness)
City of Carlsbad
(Ownet)
By
(Contractor)
ROBERT C. FRAZEE,
Christeve Corporation
(Seal)
(Witness)
A/-7
(Address)
9/00(0
* IMPORTANT: Strike out any inapplicable terms. Secretary of the Owner should attest. If Con-
tractor is corporation, Secretary should attest. Give proper title of each person executing contract.
FORM ED-122 (REV. 3-721 USCOMM-DC 59620-P72
OMB No. Approval Not Required
FORM ED-126
(REV. 4-6-72)
U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
CERTIFICATE OF GRANTEE/BORROWER'S ATTORNEY
I, the undersigned, Vincent F. Biondo, Jr. , the
duly authorized and acting legal representative of The City of
Carlsbad, California , do hereby certify as
follows:
I have examined the attached contract(s) and surety bonds and the
manner of execution thereof, and I am of the opinion that each of the
aforesaid agreements has been duly executed by the proper parties there-
to acting through their duly authorized representatives; that said repre-
sentatives have full power and authority to execute said agreements on
behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the
parties executing the same in accordance with terms, conditions and
provisions thereof.
Vincent F. Biondo, Jr.
City Attorney
Date:
USCOMM-DC 5969O-P72
f ?:!25 U.S. DEPARTMENT Or COMMERCE OMB Approval Not Required<REV. 1-72) ECONOMIC DEVELOPMENT ADMINISTRATION
. 52.
PAYMENT BOND BOND NO. 5240-61-06
i
KNOW ALL MEN BY THESE PRESENTS: that
CHRISTEVE CORP.
(Nam? of Contractor)
P. 0. BOX N-l, ARCADIA, CA 91006
(Address of Contractor)
CORPORATION ., hereinafter called Principal,
(Corporation, Partnership or Individual)
and TRANSAMERICA INSURANCE COMPANY
(Name of Surety)
P. 0. BOX 5330, COSTA MESA, CA 92626
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
The City of Carlsbad
(Name of Owner)
1200 Elm Avenue, Carlsbad, California 92008
(Address of Owner)
Two Hundred Nine Thousand Three Hundred and Twenty-five
hereinafter called Owner, in the penal sum of L Dollars, $(. 209 t325. 00 )
in lawful money of the United States,for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION is such that Wheras, the Principal entered into a
certain contract with the Owner, dated the day of , 197 , a copy of
which is hereto attached and made a part hereof for the construction of:
Sewer improvements in Orpan Strppt and ftpppfr Avenue.
Contract No. 1043, E.D.A. Project No. 0.7-51-23001
NOW, THEREFORE , if the Principal shall promptly make payment to all persons, firms, subconi-
tractors, and corporations furnishing materials for or performing labor in the prosecution of the
work provided for in such contract, and any authorized extension or modification thereof, includ-
ing all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of such work, and all
insurance premiums on said work, and for all labor, performed in-such work.,,whether by subcon-
tractor or otherwise, then this obligation shall be void; otherwise to remain in full force and ef-
fect.
(Over)USCOMM-DC B98a9-P72
(2)
PROVIDED, FURTHER, that the 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 work to be
performed thereunder or the specifications accompanying the same shall in any wise affect its ob-
ligation on this bond, and it does hereby waive notice of any such change, extension of time, al»
terntion or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which
shall be deemed an original, this the 17th Hay of November , 107 7 ...
ATTEST:
(SEAL)
/06o/ f.
(Witness as to Principal)
(Address
9/7fo
CHRISTEVE CORP.
/Principal
Pats/de-tit
P. 0. BOX N-l
(Address)
ARCADIA. CA 91006
TRAILS AMERICA INSURANCE COMPANY
Surety
ATTEST:
(SEAL)
(Surety) Secretary
Witness as to Surety
431 N. Brand Blvd.
(Address)
Glendale, CA 91203
By-
Ait.:torney-m-ract
T. L. O'Loughlin
431 N. Brand Blvd.
(Address)
Clendale, CA 91203
NOTE: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where
the project is located.
FORM EQ-12S (REV. 4-72)USCOMM-DC 59S29-P72
Oy.li Arrival Noi Rcij-jircd
FORM ED-124 u>s DEPARTMENT OF COMMERCE
IREV. A-741 ECONOMIC DEVELOPMENT ADMINISTRATION
BOND NO. 5240-61-06
PERFORMANCE BOND ' PREMIUM:' $2,512.,00
KNOW ALL MEN BY THESE PRESENTS: that
CIIRISTEVE CORP. •
(Name of Contractor )
P. 0. BOX N-l, ARCADIA, CA 91006
(Address of Contractor)
CORPORATION ., hereinafter called Principal, find
(Corporation, Partnership, or Individual)
TRANSAMERICA INSURANCE COMPANY
(Name of Surety)
P. 0. BOX 5330, COSTA MESA, CA 92626
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
(Name j
The City of Carlsbad !
of owner) j
|
1200 Elm Avenue, Carlsbad, California 92008 ~" . ;
(Address of Owner) i
hereinafter called Owner, in the penal sum Of Two Hundred Nine Thousand Three Hundred 1
and Twenty-five Dollars. S( 209.325.00 1 . ;
in lawful money of the United States, for the payment of which sura well and truly to be made, we ;
bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly j
by these presents. |
i
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a . ; *
certain contract with the Owner, dated the day of , 197 , a j
copy of which is hereto attached and made a part hereof for the construction of: |
!. . __ |
Sewer improvements in Ocean Street and Beech Avenue. Contract No. 1043.
E.D.A. Pro.iect No. 07-51-23001 '.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by the Owner, with or without no-
tice to the Surety, and if he shall satisfy all claims and demands incurred under such contract,
and shall fully idemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and ex-
pense which the Owner may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
(Over) USCOMM-OC
(2)
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that
no t;hange, 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 in any wise affect its
obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which
shall be deemed an original, this the 17th day of November 1972-,.
ATTEST:
CHRISTEVE CORP.
Principal
(/(Principal) Secretary
(SEAL)
P. 0.. BOX N-l
ARCADIA, CA
(Address)
Witness as to Principal
U/)t.Lu)oaO
.(Address)
. c/t TRANSAMERICA INSURANCE COMPANY
ATTEST:Ittorney-m-r actT. L. O'Loughlin
(Surety) Secretary
(SEAL)
431 N. Brand Blvd.
Witness as to Surety
431 N. Brand Blvd.
(Address)
Clendale, CA 91203
(Address)
Olendale, CA 91203
NOTE: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond.
IMPORTANT; Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular .570 as amended) and be authorized to transact businessjn the State where
the project is located. v
FO»'-I EO-124 'REV. 4-72)
STATE OF California
COUNTY OF Los Angeles
On this-17th _day oL
jss:
November _in the year one thousand nine hundred
and-Seventy-seven -, before me_Patricia Haran
Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap-
. O'Loughlin -known to me to be the duly authorized Attorney-in-Fact
of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument;
and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as
Surety and his own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer-
tificate first above written.
PATRic.'A :!AFZAN f
My Commission Expires February 13, 1978
Notary Public in and for laid County and State
STATE OF California
COUNTY OF Los Angeles
On this_17th
and_Seventy-seven
_day of.November _in the year one thousand nine hundred
-, before me_Patricia Haran
Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap-
_known to me to be the duly authorized Attorney-in-Fact
of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument;
and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as
Surety and his own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer-
tificate first above written.
3JMy^Commission Expires February 13, 1973 I
Notary Public in and for aaid County and State
BEST
ORIGINAL
ECONOMIC D^vELoi'iiEiiT ADMINISTRATION
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EIIPLOYMENT OP PORTLY; ITY
Page 56
07-51-23001
,>!_: a of Pri^a Contractor EDA Project Ho.
GENERAL
In accordnr.ee with Executive Order 11246 (30 F.R. 12319-25), the ia?leventing
rules and regulations thereof, and orders of the Secretary of Labor, a
Certification regarding Equal Opportunity is required of bidders or prospective
contractors and their proposed subcontractors prior to the award of contracts
or subcontracts.
' CERTIFICATION OF SUBCONTRACTOR
Prir.e Contractor
Subcontractor
BBSS' •BuaV^liP Bl
ORIGINAL
Bidder's Na~e
Address
I.-.t::.-.al Revenue Service Employer Identification N'urrber.
ar:cn in a orev:ous contract or
o. Subcontractor has Dartici-ated In a or-vious ccntrac: or subcc-:rac: subjcc: co che
Ec"^l Ccrr'u.-.k Clause . • ............................ ..
2.
b. Corc^liar.ce reports %-ere ricuirsd :o be r':!ed in cor.r.cc::on ™-i:h such ccr.crnc:
or subccncracc ........................................ ..... ^ f~~j Yes
c. Subccntractcr has :i!eci a!! ccc:pi:ancs reports required by Executive Orders 1C925, " .
11114, 112-16 or by regulation:; of chc Equal Employr^.er.: Opccrrunicy Commission •
issued pursuant to Tirie VII of chs Civil Rights Ace of 1964. ............... [__j Yes
<J. If ar.s-rrcr :o itcr^ c Is "No," please explain in derail on reverse side of. :his certification.
Dollar asoua: of proposed subcontract, S _________ _ . - _____ -
- Ar.::c:pated performance period . __ t _ _. _ __ __
E.xpsct-d tctal number of employees who will perform the proposed subcontract
o. Notice to Prospective Subcontractors of Requirement for Certification of N'onscrjregatcd Facilities
(D'A Certification of N'or.sr-reratcd Facilities, as required by the May 9, 1967, order (i2 F.R. 7-i"?,
May 19, 1967) on Eliminncion of Serjrc-ated Facilities, by the Secretary of Labor, muse be sub-
mitted :o the ccntractsr prior to the award of a subcontract exceeding $10,000 r.-hich is noc ex-
empt :.-om the provisions of the Equal Opportunity clause.
ccec JiO.CCO and are net exempt from the provisions of the Equal Cppotruniry clause.
"..<•. ..v. ' ' • T
b. Certification of Nonsesre^ated facili-.ics . P3Q6 57
The fedsrally-jisststed construction contractor certifies that he doe>s not maintain or provide for his err.oicv--.- . ,. , --j-i.--t.-j :. ._: , I "" ' '
any 5037052: ...their services at any location, under his control, —here segregate:! facilities arc maintained. The federally-
nsr.istcd construction contractor agrees that a breach of this certification is a violation c; che Equal Cr:or-
tu.-.itv clause in this contract. As used in this certification, che term "segregated facilities" means ar.v
wnitin- rooms, v.-or!: areas, res: rooms and -/ash rooms, restaurants and other eating areas, rime c_lcc':s,
Ioc:-:c:_rooms and other storage or dressing areas, paricing Iocs, drinking fountains, recreation or cr.tcrtzia-
men: areas, transportation, rtnd housing facilities provided for employees •vhic:: are segregated by e.-.riicl:
directive or are in fact segregated on the basis of race, creed, color, or national origin, because of nab::,
local cus:or3, or othsrv/ise. The federally-assisted construction contractor agrees that (except whsrs he
has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain
identical certifications In duplicate from proposed subcontractors prior to chs aVard of subccnrracts exceed-
ing 510,000 which are not exempt from the provisions of :he Equal Opportunity clause, and that he T.-;:! retain
.the duplicate of such certifications jn his files. The subcontractor -ill include che criminal in his Bid ?ac!-t-
age. ' ' '•.••'• "'-•'
6. Rcco or err.rtic group designation of subccntrcctor. Er.tcr race or ethnic group :n the appropriate bo:::
Qj Negro dj Spanish American Qj Crien:al [_ < American Indian
[~; Alsu: { • Thi:e (o:her than Spanish American)
7. The construction subcontractor certifies that he is not affiliated in any
nanncr x>'ith the Grantee/Borrover of the federally assisted construction
project.
ocv"~yc.Kt. -\IX4\J .
ORIGINAL
Ccrtnicatisn - The in formation above is tme and complete to the besc of my knowledge or. a belief
a=a« anti title o<
Date
HOTE: The penalty for rr.akinr; false statements in offers is prescribed in IS U.S.C. 10.01.
-'3*MWW^>*««6SIBWti»H»'^^
I
Page 58
' Contract No. 1043
E.D.A. Project No. 07-51-23001
CONTRACTOR'S CERTIFICATE REGARDING WORKMEN'S COMPENSATION
Labor Code, Section 3700
"Every employer except the State and all political subdivisions or
institutions thereof, shall secure the paymant of compensation in
one or more of the following ways:
(a) By being insured against liability to pay compensation in one
or more insurers duly authorized to write compensation insurance
in this State.
(b) By securing from the Director of Industrial Relations a certificate
of consent to self-insure, which may be given upon, furnishing proof
satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to
his employees."
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workmen's
compensation or to undertake self-insurance in accordance with the provisions
of that code, and I will comply with such provisious before commencing the
performance of the work of this contract.
(In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7,
Division 2 of the Labor Code, the above certificate must be signed and filed
with the awarding body prior to performing any work under this contract.)
"MITSfVJknv
AND
SUPPLEMENTAL GENERAL' CONDITIONS
APRIL 1976
f i K--"-'"-1-"*! «•
% t^*l 5
Page 59
U.S. DEPARTMENT OE COM MERGE
Economic Development Administration
Page 59a
NUMERICAL INDEX
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Detail Drawings
4. Shop or Setting Drawings
5. Materials, Services and Facilities
6. Contractor's Title to Material
7. Inspection and Testing of Materials
8. "Or Equal" Clause
9. Patents .
10. Surveys, Permits, and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work and Property-Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion and Liquidated Damages
20. Correction of Work
21. Subsurface Conditions Found Different
22. Claims for Extra Costs
23. Right of the Owner to Terminate Contract
24. Construction Schedule and Periodic Estimates
25. Payment to Contractor
26. Acceptance of Final Payment as Release
27. Payments by Contractor
28. Contractor's and Subcontractor's )n-,urance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
33. Separate Contracts
34. Subcontracting
35. Architect/Engineer Authority
36. Stated Allowances
37. Use of Premises and Removal of Debris
38. Quantities of Estimate
39..Land and Rights-of-Way
40. General Guaranty
41. Conflicting Conditions
42. Notice and Service Thereof
43. Required Provisions Deemed Inserted
44. Safety and Health Regulations for Construction
45. Minimum Wages
46. Withholding of Payments
47. Payrolls and Basic Records
48. Apprentices and Trainees
49. Copeland "Anti-Kickback" Provisions
50. Subcontractors
51. Contract Termination
52. Overtime Requirements
53. Equal Employment Opportunity
54. Other Prohibited Interests
55. Use and Occupancy Prior to Acceptance by Owner
56. Suspension of Work
57. Employment of Local Labor
58. Signs
59. National Historical Preservation Act ot 1966
60. Clean Air Act and Federal Water Pollution Control Act
Page 59b
ALPHABETICAL INDEX
Subject Section Subject Section
Acceptance of Final Payment as Release 26
Additional or Substitute Bond 30
Additional Instructions and Detail Drawings 3
"Anti-Kickback" Provisions 49
Apprentices and Trainees 48
Architect/Engineer Authority 35
Assignments 31
Changes in Work 17
Claims for Extra Costs .' 22
Clean Air Act and Federal Water Pollution Control
Act 60
Compliance with Copeland Regulations 49
Conflicting Conditions 41
Construction Schedule and Periodic Estimates 24
Contract and Contract Documents I
Contract Security 29
Contract Termination 51
Contractor's and Subcontractor's Insurance 28
Contractor's Obligations II
Contractor's Title to Material • 6
Correction of Work ' 20
Definitions,- 2
Employment of Local Labor 57
Equal Employment Opportunity 53
Extras 18
General Guaranty 40
Historical Preservation 59
Inspection 14
Inspection and Testing of Materials 7
Land and Rights-of-Way '. 39
Materials, Services and Facilities 5
Minimum Wages 45
Mutual Responsibility of Contractors 32
Notice and Service Thereof 42
"Or Equal" Clause 8
Other Prohibited Interests 54
Overtime Requirements 52
Patents : 9
Payments by Contractor 27
Payment to Contractor 25
Payrolls and Basic Records 47
Protection of Work and Property-Emergency 13
Quantities of Estimate 38
Reports, Records and Data 15
Required Provisions Deemed Inserted 43
Right of Owner to Terminate Contract 23
Safety and Health Regulations for Construction .... 44
Separate Contracts ' 33
Shop or Setting Drawings 4
Signs 58
Stated Allowances 36
Subcontracting 34
Subcontractors 50
Subsurface Conditions Found Different 21
Superintendence by Contractor • 16
Surveys, Permits, and Regulations 10
Suspension of Work 56
Time for Completion and Liquidated Damages 19
Use and Occupancy Prior to Acceptance by Owner . 55
Use of Premises and Removal of Debris 37
Weather Conditions •. 12
Withholding of Payments 46
Page 59c
GENERAL CONDITIONS
1. CONTRACT AND CONTRACT DOCUMENTS
BEST
ORIGINAL
The Plans, Specifications and Addenda, hereinafter enumerated in paragraph 1 of the Supplemental GeneralConditions,
shall form part of the contract, and the provisions thereof shall be as binding upon the parties hereto as if they were
herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and
in said documents are solely to facilitate reference to various provisions of the contract documents and in no way affect,
limit, or cast light on the interpretation of the provisions to which they refer.
DEFINITIONS
The following terms as used in these General Conditions are respectively defined as follows:
a. "Contractor": A person, firm or corporation with whom this Contract is made by the Owner. (The Owner is referred
to by EDA, in other documents, as the Grantee/Borrower).
b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of
the project for, and under separate contract or agreement with, the Contractor.
c. "Work on (at) the project": Work to be performed at the location of the project, including the transportation of
materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor.
d. "Apprentice": (1) A person employed and individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency
recognized by the Bureau: or (2)-a person in his first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau
of Apprenticeship and Training or a State Apprenticeship Council (where appropriate) to be eligible for
probationary employment as an apprentice. .......
e. "Trainee": A person receiving on-the-job training in a construction occupation under a program which is approved
(but not-necessarily sponsored) by the U.S. Department of Labor, Manpower Administration, Bureau of
Apprenticeship and Training, and which is reviewed from time to time by the Manpower Administration to insure
that the training meets adequate standards. "
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS'~^'. ' T .' .V^'7'
The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included
in the contract.
The additional drawings and instructions thus supplied to the Contractor will coordinate with the contract documents.
The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail
drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said
schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture
testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each
such schedule to be subject to change from time to time in accordance with the progress of the work.
- Paoe 59d
4. SHOP OR SETTING DRAWINGS»*•.
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in
accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer
' • and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall
furnish the Architect/Engineer with two corrected copies. Regardless of corrections made in or approval given to such
drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings
and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer, in writing, of any
deviations at the time he furnishes such drawings.
'• * ,"i I
5. MATERIALS, SERVICES AND FACILITIES ORIGINAL
It is understood that, except as otherwise specifically stated in the contract documents, the Contractor shall provide and
pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary
construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute,
complete, and deliver the work within the specified time.
Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be performed without
additional expense to the Owner. •.-••^.•••- . •-•_
.6., CONTRACTOR'S TITLE JO MATERIAL. ... ;-^-.--;-:.-- T ^ ,;„:.,. ~ •-,<,;,,..-
No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any
chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.
The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens,
claims or encumbrances.
.7. INSPECTION AND TESTING OF MATERIALS . ,; , . ; ,...-•-..- i:..
All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in
accordance with accepted standards. The laboratory or inspection agency sh'all be selected by the Owner. The Owner will
" pay for all laboratory inspection service direct, and not as a part of the contract. •
Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall
be subject to inspection and testing to establish conformance with specifications and suitability for users intended.
~ 8. "OR EQUAL" CLAUSE '•"' . . " ^
Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to
manufacturers' or vendors' names, tradenames, catalogue numbers, etc., it is intended merely to establish a standard;
and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material, article, or equipment so
proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or
installed by the Contractor without the Architect/Engineer's written approval.
9. PATENTS . , ' :
The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of
any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process,
article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless
otherwise specifically stipulated in the contract documents.
f ,) I 'v f I A I Page 59eflo-MAL
License or Royalty Fee: License and/or Royalty Fees for the use of a process whicti is uuthori/ed by the Owner of the
project must be reasonable, and paid to the holder of the patent, or his authori/ed licensee, direct by the Owner and not
by or through the Contractor.
If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such
use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually
agreed and understood that, without exception, the contract prices shall include all royalties or costs arising from the use
of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify
and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be
performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged
to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work.
10. SURVEYS, PERMITS AND REGULATIONS
Unless otherwise expressly provided for in this contract, the Owner will furnish to the Contractor all surveys necessary
for the execution of the work. The Contractor shall procure and pay for all permits, licenses and approvals necessary for
the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations
relating to the performance of the work, the protection of adjacent property, and the maintenance of passageways, guard
fences or other protective facilities.•
11. CONTRACTOR'S OBLIGATIONS
The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and
materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or
proper to perform and complete all the work required by this contract, within the time herein specified, in accordance
with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this
contract and any and all supplemental plans and drawings, and in accordance with the directions of the Architect/
Engineer as given from time to time during the progress of the • ork. He shall furnish, erect, maintain ;md remove such
construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be
subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do. carry on.
and complete the entire work to satisfaction of the Architect/Engineer and the Owner.
12. WEATHER CONDITIONS .
In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall
direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and
materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or
materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his
subcontractors to so protect his work, such materials shall be removed and replaced at the expense of the Contractor.
13. PROTECTION OF WORK AND PROPERTY—EMERGENCY - -
The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract.
He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The Contractor
shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the
contractor by the Owner, or his duly authorized representative.
In case of an emergency which threatens loss or injury of property and/or safety oflife, the Contractor will be allowed to
act. without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/
Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Architect/Engineer for approval.
IT Page 59f
Where the Contractor has not taken action but has notified the Architect/Engin^eyql^rJ ^njp|p£n$/'T\|£2tening injury
to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/
Engineer. ^s -
The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the
manner provided in paragraph 17 of the General Conditions. ,. . •
14. INSPECTION "/'.',' "".'.'"'•
The authorized representatives and agents of the Economic Development Administration shall be permitted to inspect
all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records.
15. REPORTS, RECORDS AND DATA
The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data as the Owner may request concerning work performed or to be performed under this
:....!. contract.-"'- .;..•.••--" . :'j'i:'.w.i- :..• .•••>•: . ..-.;. :!>•:'. • '' : i'i..;.-. v.-<.; •'•..':-••.•! .:.-i !••:••...••-••'.•?•'•••.•-- - ^f'.
16. SUPERINTENDENCE BY CONTRACTOR :'.
At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall 'have full
authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/
.,,;, . Engineer., ; v. ;., . ,li;.;, ^ ,•„,• -,-.- ,,;,i: .--?,,-:,,. -,.• ,.,.:^,..f:^.-..^ u;..;. .n; ,;..---. :....-.. ,,...„• -u.; _________ ; v.uT
:-J7. CHANGES IN WORK ; :^'^ '' '''
No changes in the work Covered by the approved contract documents shall be made without having prior written
approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or
more, or a combination of the following methods: ~ k:
. V^v ' - . • • • . • :.;;. • '. ' r -•."'••- * : .• 'T If. ;. ~. • ' . .. : t >.i. • - . •• • ' . •• - •'. - • s* •
a. Unit bid prices previously approved. .•••-/-.;«• :..-. ; ..•-•••• -•- •••••• "V:--::-
b. An agreed lump sum.
c. The actual cost of:
''•' (1) Labor, including foremen;"
' . (2) Materials entering permanently into the work;' ' ' -
(3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance; •':>• • \'J>-i- . ,-.,. ;..,;-'-
::Vv • . (6) Social Security and old age and unemployment contributions. . ... • . .,.'.•...•.
... To the cost under 17c, there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the
estimated cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and
any other general expenses.
Page 59g
18. EXTRAS
Without invalidating the contract, the Owner may order extra work of the kind bid upon or make changes by altering.
adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being
first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in
the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the
Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in the order.
19. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between the Contractor and Owner, that the date of beginning and
the time for completion as specified in the contract of work to be done hereunder are ESSENTIAL CONDITIONS of
this contract; and it is further mutually understood and agreed thai the work embraced in this contract shall be
commenced on a date to be specified in the Notice to Proceed.
The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and
between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions
prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding
of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for
such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default
after the time stipulated in the contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability
and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said
amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from
time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this contract and of the specification wherein
a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an
additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the
essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost
when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are
acceptable to the Owner; Provided further, that the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the work is due:
a. • To any preference, priority or allocation order duly issued by the Government: : ' ";-':
bvv.To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not
.. . restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another. Contractor in the performance
-.-•'•: of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
••- -severe weather; and • - ... ... -- ,.^,....,...,-,
c. To any delays of subcontractors or suppliers occasioned by any ofithe causes specified in subsections a and b of this
article: Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the
Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in
writing, of the cause of delay, who shall ascertain the facts and extent of the delay and notify the Contractor within
a reasonable time of its decision in the matter.
-Page 59h
20. CORRECTION OF WORK
• v
AH work, all materials, whether Tncorporated in the work or not, all processes of manufacture, and all methods of
construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final
judge of the quality and suitability of the work, materials, processes of manufacture, and methods of const ruction for the
' . purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good,
replaced and/or corrected, as the case may be. by the Contractor at his own expense. Rejected material shall immediately
be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or
damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the
contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in
the judgment of the Architect/Engineer shall be equitable.
21. SUBSURFACE CONDITIONS FOUND DIFFERENT
Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown
on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer-of such
conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if
: he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make
such changes in the Plans and/or Specifications as he may find necessary, and any increase or decrease of cost resulting
from such changes to be adjusted in the manner provided in paragraph 17 of the General Conditions.
22.. CLAIMS FOR EXTRA COSTS ;.;,.;..,,-,,. ; , -..-. -.-.• r- : .--.,-,„,,.,, ... ,....,,,;,: ,., ,„ .,_..._
No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the
Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the
changed or extra work is done. When work is performed under the terms of subparagraph I7(c) of the General
Conditions, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and, when
requested by the Owner, give the Owner access to accounts relating thereto. -; • - • -.••,-•
23. RIGHT OF THE OWNER TO TERMINATE CONTRACT ...'..."^ ;,;,,".
In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such
notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the
serving of such notice upon the Contractor, such violations or delay shall cease and satisfactory arrangement or
correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety
shall have the right to take over and perform the contract; Provided, however, that if the Surety does not commence
' performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner
may take over the work and prosecute the same to completion by contract or by force account for the account and at the
expense of the Contractor, and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned
by the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such
materials, appliances, and plant as may be on the site of the work and necessary therefor.
24. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor
shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the
proposed dates of commencement and completion of each of the various subdivisions of work required under the
Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in
ORIGINAL
Page 59i
accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a
detailed estimate giving a complete breakdown of the contract price and (b) periodic itemi/.ed estimates of work done for
the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used
only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or
deductions from the contract price.
25. PAYMENT TO CONTRACTOR
Not later than th&&L_day of each calendar month, the Owner shall make a Progress payment to the Contractor on the
basis of a duly certified and approved estimate of the work performed during the preceding calendar month under the
contract. To insure proper performance of the contract, the Owner shall retain ten percent (10%) of the amount of each
estimate until final completion and acceptance of all work covered by the contract.
In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but
this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection
of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of
the right of the Owner to require fulfillment of all the terms of the contract.
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof,
equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this
contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature
hereinabove designated have to be paid, discharged, or waived. If the Contractor fails to do so, then the Owner may.
after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice,
direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any
and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon
payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the
provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety.
In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment
so made by the Owner, shall be considered as a payment made under the contract by the Owner to the Contractor, and
the Owner shall not be liable to the Contractor for any such payment made in good faith.
26. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
The'acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and
all liability to the Contrctor for all things done or furnished in connection with this work and for every act and neglect
of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to
release the Contractor or his Sureties from any obligation under this contract or the Performance and Payment Bond.
27. PAYMENTS BY CONTRACTOR - :! : , :c, ^ / ' :-• • /' <•?:;.--•, vrr-r iviv
The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month
following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of
90% of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools,
and equipment are delivered at the site of the project, and the balance of the cost thereof not later than the 30th day
following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated
or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the
respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each
subcontractors interest therein.
ORIGINAL
Page 59j
28. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all the insurance required under this
paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to
commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved:
a. Compensation Insurance. The Contractor shall procure and shall maintain during the life of this contract Work-
men's Compensation Insurance as required by applicable State or territorial law for all of his employees to be
engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor
shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the lalter's
employees to be engaged in such work unless such employees are covered by the protection afforded by the Con-
tractor's Workmen's Compensation Insurance. In acase any class of employees engaged in hazardous work on the
project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall pro-
vide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such
of his employees as are not otherwise protected.
b. Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor
shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance,
Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in paragraph 3 of
the Supplemental General Conditions. _
c. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor
shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract,
Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in
the amounts specified in paragraph 3 of the Supplemental General Conditions specified in subparagraph b hereof,
or. (2) insure the activities of his subcontractors in his policy, specified in subparagraph b hereof.
d. Scope of Insurance and Special Hazards. The insurance required under subparagraphs b and c hereof shall provide
adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured or by any one directly or
indirectly employed by him and. also against anv of the special hazards which may be encountered in the
performance of this contract as enumerated in paragraph 3 of the Supplemental General Conditions.
e. Builder's Risk Insurance (Fire and Extended Coverage). The Contractor shall procure and shall maintain during the
life of this contract Builder's Risk Insurance (Fire and Extended Coverage) on a 100 percent (I009e) completed
value basis on the insurable portion of the project. The Owner, the Contractor, and subcontractors (as their interests
may appear) shall be named as the Insured.
f. Proof of Carriage of Insurance. The Contractor shall furnish the Owner with certificates showing the type, amount,
class of operations covered, effective dates and dates of expiration of policies. Such certificates shall also contain
substantially the following statements: "The insurance covered by this certificate will not be cancelled or materially
,...' altered, except after ten (10) days written notice has been received by the Owner."
29. CONTRACT SECURITY
The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the
contract price as security for the faithful performance of this contract and also a payment bond in an amount equal to
one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or
local law, as security for the payment of all persons performing labor on the project under this contract and furnishing
materials in connection with this contract. The Performance bond and the Payment bond may be in one or in separate
instruments in accordance with local law. Before (inal acceptance, each bond must be approved by the Economic
••.•:• Development Administration.
Page 59k
30. ADDITIONAL OR SUBSTITUTE BOND
If at any time the Owner for justifiable cause, shall be or become dissatisfied with the Surety or Sureties for the
Performance and/or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner to do so,
substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be,
deemed due nor shall be made until the new Surely or Sureties shall have furnished such an acceptable bond to the
Owner.
31. ASSIGNMENTS
The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder
without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due
under this contract, the instrument of assignment shall contain a clause substantially to thee'tl'ect that it is agreed that the
right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all
persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in
this contract.
32. MUTUAL RESPONSIBILITY OF CONTRACTORS
If, through acts of neglect on the part of the Contractor, any other Contractors or any subcontractor shall suffer loss of
damage on work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or
arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert
any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the
Contractor, who shall indemnify and save harmless the Owner against any such claim.
33. SEPARATE CONTRACTS
The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the
arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his
subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notih the
Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure
of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or
defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory
for proper coordination with his own work.
34. SUBCONTRACTING
The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which
approval will not be given until the Contractor submits to the Owner a written statment concerning the proposed award
f' to the subcontractor, which statement will contain such information as the Owner may require.
The Contractor shall be as fully responsible to the Owner for the acts and omissions ofViis subcontractors, and of persons
cither directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcon-
tractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to
the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the
Owner may exercise over the Contractor under any provision of the contract documents.
Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner.
r
Page
35. ARCHITECT/ENGINEER 'AUTHORITY
The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications
relative to the execution of the work. The Arrchitect/Engineer shall determine the amount, quality, acceptability, and
fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all
questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and
decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise
between the parties hereto relative to said contract or specifications, the determination or decision of the Architect/
Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under
this contract afTected in any manner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plan or
drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work
which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall
be adjusted and determined by the Architect/Engineer.
36. STATED ALLOWANCES
The Contractor shall include in his proposal the cash allowances stated in paragraph 2 of the Supplemental General
Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of the
lowest and best bid of at least three competitive bids. If the actual price for purchasing the "Allowed Materials" is
more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract
price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or
any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable
sections of the contract Specifications covering this work.
37. USEOF PREMISES AND REMOVAL OF DEBRIS
The Contractor expressly undertakes at his own expense:
a. To take every precaution against injuries to persons or damage to property;
b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will
not unduly interfere with the progress of his work or the work of any other contractors;
c. To place upon the work or. any part thereof only such loads as are consistent with the safety of that portion of the
work;
d. To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at
all times the site of the work shall present a neat, orderly and workmanlike appearance;
e. Before final payment to remove all surplus material, falsework, temporary structures, including foundations thereof,
plant of any description and debris of every nature resulting from his operations, and to put the site in a neat,
orderly condition;
f. To effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifica-
tions and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other
Contractor.
Page 59m
38. QUANTITIES OF ESTIMATE
Wherever the estimated quantities of work to be done and materials to be furnished on a unit price basis under this
contract are shown in any of the documents including the proposal, they are given for use in comparing bids, and the
right is expressly reserved, except as herein otherwise specifically limited, to increase or diminish them as may be
deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for.
claims or liability for damages.
39. LAND AND RIGHTS-OF-WAY
Prior to the start of construction, the Owner shall obtain all land rights-of-way necessary for the carrying out and
completion of work to be performed under this contract.
40. GENERAL GUARANTY
Neither the final certificate of payment nor any provision in the contract documents nor partial or entire occupancy
of the premises by the Owner shall constitute an acceptance of work not done in accordance with the contract documents
or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or work-
manship. The Contracto» shall remedy any defects in the work and pay for any damage to other work resulting there-
from, which shall appear within a period of one year from the date of final acceptance of work unless a longer period
is specified. The Owner will give notice of observed defects with reasonable promptness.
41. CONFLICTING CONDITIONS .
Any provision in any of the contract documents which may be in conflict or inconsistent with any of the paragraphs
in these General Conditions shall be void to the extent of such conflict or inconsistency.
i
42. NOTICE ANDSERVICETHEREOF j
Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered
delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Con-
tractor at his last given address, or delivered in person to said Contractor or his authorized representative on the work.
43. REQUIRED PROVISIONS DEEMED INSERTED ;.
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted
herein and the contract shall be read and enforced as though it were included herein, and if through mistake or other-
^ wise any such provision is not inserted, or is not correctly inserted, then upon the application of either party thecontract
shall forthwith be physically amended to make such insertion or correction. ...
44. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
In order to protect the lives and health of his employees under the contract, the Contractor shall comply with all perti-
nent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construc-
tion Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death,
occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in
the course of employment on work under thecontract.
The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods,
and for any damage which may result from their failure or their improper construction, maintenance, or operation.
Page 59n
45. MINIMUM WAGES
All mechanics and laborers employed or working upon the site of the work, or under the United States Housing Act
of 1937, or under the Housing Act of 1949 in the construction or development of the project, will be paid uncondi-
tionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copelund Act (29 CFR
Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage
determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual. relationship which may be alleged to' exist between the Contractor and subcontractor and such laborers and
mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work in a prominent
place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably
anticipated under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)( l)(iv).
Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under
plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
The Owner shall require that any class of laborers cr mechanics, including apprentices and trainees, which is not listed
in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably
to the wage determination and a report of the actipn taken shall be sent by the Federal agency to the Secretary of
Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular
class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the rec-
ommendation of the contracting officer shall be referred to the Secretary for final determination.
The Owner shall require whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly wage rate and the contract is obligated to pay a cash equiv-
alent of such a fringe benefit, an hourly-cash equivalent thereof to be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the
Owner, shall be referred to the Secretary of Labor for determination.
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 benefits under a clan or program
of a type expressly listed in the wage determination decision of the Secretary' of Labor which is a part of this contract;
provided, however, the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program.
The Contractor agrees to comply with Executive Order 1 1588, issued March 29, 1971, and any other Executive Order,
statute, or regulation regarding the stabilization of wages and prices in the construction industry. ;;
46. WITHHOLDING OF PAYMENTS " ""'" * '' '
-- ' '• •' • -
The Economic Development Administration may withhold or cause to be withheld from, the contractor so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices
and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee employed or working
on the site of the work or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the con-
struction or development of the project, all or part of the wages required by the contract, the Economic Development
Administration may, after written notice to the contractor, sponsor, applicant, or Owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased. . ,. .,..,, . ., , ,. ..... . . . , ,,,, . ...
ORIGINAL-
Page 59o
47. PAYROLLS AND BASIC RECORDS
Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period ;
of three years thereafter for all laborers and mechanics working at the site of tire work, or under the United States !
Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project. Such records i
will contain the name and address of each employee, his correct classification, rates of pay (including rates of contribu- j
tions or costs anticipated of the types described in section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number i
of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR ;
5.5 (a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in \
providing benefits under a plan program described in section 1 (b) (2) (B) of the Davis-Bacon Act. the Contractor shall i
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program !
is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics i-
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. I
The Contractor will submit weekly a copy of all payrolls to the Economic Development Administration if the agency
is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, •
sponsor, or Owner, as the case may be, for transmission to the Economic Development Administration. The copy shall \
be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, ;
that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classi- '
fications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly
Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of ;
Labor (29 CFR Part*3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by ;
the Secretary of Labor under 29 CFR 5.5 (a)(l)(iv) shall satisfy this requirement. The Prime Con tractor shall be respon- !
sible for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required ;
under the labor standards clause of the contract available for inspection by authorized representatives of the Economic !
_'_. Development Administration and the Department of Labor, and will permit such representatives to interview employees j
. during working hours on the job. .;.... j
48. APPRENTICES AND TRAINEES
Apprentices will be permitted to work as such only when they are registered, individually, under r bcna fide apprentice- !
„„ ship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and j
Training, U.S. Department of Labor; or, if no such recognized agency exists in a State, under a program registered j
- . with the Bureau of Apprenticeship and Training. U.S. Department of Labor. The allowable ratio of apprentices to j
,.^ ~ journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire i
. work force under the registered program. Any employees listed on a payroll at an apprentice wage rate, who is not a j
".,.", trainee as defined in section 2e or is not registered as above, shall be paid the wage rate determined by the Secretary |
__~i_;.' ,of Labor for the classification of work he actually performed. The Contractor or subcontractor will be required to
'_"^'\, furnish to the Owner written evidence of the registration of his program and apprentices as well as of the appropriate
*r-jfatios and wagerates, for the area of construction prior lousing any apprentices on the contract work.
•i-"0?'lCfl'Trainees will permitted to' work as such when they are bona fide trainees employed pursuant to a program approved
':V'':??r''yby the LF.S. Department of Labor; Manpower Administration, Bureau of Apprenticeship and Training, and where the
•; subparagraph below is applicable, in accordance with the provisions of Part 5a, Subtitle A, Title 29, Code of Federal
Regulations.., . __ ... "'_. ., -^\. , „ • v. ; ;,, V
On contracts in excess of $10,000, the employment of all laborers and mechanics, including apprentices and trainees,
as defined in Section 2 shall also be subject to the provisions of Part 5a, Subtitle A, Title 29, Code of Federal Regula-
"•' tions. Apprentices and trainees shall be hired in accordance with the requirements of Part 5a.
The provisions of Sections 45, 46, and 48 shall be applicable to every invitation for bids, and to every negotiation,
request for proposals, or request for quotations, for an assisted construction contract, issued after January 30, 1972,
and to every such contract entered into on the basis of such invitation or negotiation. Part 5a.3, Subtitle A, Title 29,
Code of Federal Regulations shall constitute the conditions of each assisted contract in excess of 510,000. and each
Owner concerned shall include these conditions or provide for their inclusion, in each such contract. Parts 5a.4, 5a.5,
5a.6,and 5a.7 shall also be included in each such contract for the information of the Contractor.
Page 59p
49. COPELAND "ANTI-KICKBACK" PROVISIONS ' ', j
These provisions of this section. 29 CFR Part 3, prescribe "Anti-Kickback" regulations under section 2 of the Act of
June 13, 1964, as amended (40 U.S. C. 276c). popularly known as the Cupeland Act.
Each Contractor or subcontractor shall furnish each week a Statement of Compliance. F:orm ED— 162, to accompany
the weekly submission of payroll forms.
Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such state-
ment as provided in 72 Stat. 967 (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully
makes or uses a fraudulent document or statement of entry, in any matter within the jurisdiction of any department or
agency of the United States, shall be fined not more than 510,000 or imprisoned not more than five years, or both). ;
The requirements of this section shall not apply to any contract of 52,000 or less. ('
Upon a written rinding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary
of Labor may specify. '
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor:
a. Any deduction made in compiiancewith the requirements of Federal. State, or local lawsuch as Federal or State with-
holding income taxes and Federal social security taxes.
b. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment
'is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when
cash or its equivalent has been advanced to the person employed in such a manner as to give him complete freedom
of disposition of the advanced funds.
c. Any deduction of amounts required by court process to be paid to another unless the deduction is in favor of the
Contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists. j
d. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representative of employees, or both, for the purpose of providing either from principal or income, or both, j
medical or hospital care, pensions or annuities or retirement, death benefits, compensation for injuries, illness, •
accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, j
vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents:
' Provided, however, that the following standards are met: (1) The deduction .is not otherwise prohibited by law; .
(2) it is either: (i) voluntarily consented to by the employee in writing and in advance of the period in which the •
work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employ- \
ment, or (ii) provided for in a bona fide collective bargaining agreement between the Contractor or subcontractor
and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, \
by the Contractor or subcontractor or any afh'iliaied person in the form of commission, dividend, or otherwise,
. and (4) the deductions shall serve the convenience and interest of the employee. ...•.•_».>••'. • .,
. r . ...,
e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily \
authorized by the employee. " •.--..•- .!. , i'/ i
f. Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions !j
organized and operated in accordance with Federal and State credit union statutes. !
g. Any deduction voluntarily authorized by the employee for making of contributions to governmental or quasi- .
government agencies. j
h. Any deduction voluntarily authorized by the employee for making of contributions to Community Chests, United
Givers Funds, and similar charitable organizations.
Page 59q
i. Any deductions to pay regular union intiution fees and membership dues, not including fines or special assessments:
Provided, however, that a collective bargaining agreement between the Contractor or subcontractor and repre-
sentatives of its employees provided for such deductions and the deductions are not otherwise prohibited by law.
j. Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the require-
ments of section 3(m) of the Fair Labor Standards Act of I93K, us amended, and Part 53! of this title. When such
a deduction is made, the additional records required under S5IA.25(a)of this title shall be kept.
.>..... .
50. SUBCONTRACTORS
The Contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l) through (5) and (7) and such
other clauses as the Economic Development Administration may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together
with a clause requiring this insertion in any further subcontracts that may in turn be made.
• . . g
51. CONTRACT TERMINATION
A breach of sections 44 through 50 may be grounds for termination of the contract, and for debarment as provided in
29 CFR 5.6.
52. OVERTIME REQUIREMENTS
No Contractor or subcontractor contracting for any part of the contract work which may require or involve the em-
ployment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is
employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work-
week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic
rate ef pay for all hours in excess of eight hours in any calendar day or in excess of forty hours in such workweek,
as the case may be.
In the event of any violation of the clause set forth in the subsection above, the Contractor and -.my subcontractor
responsible therefor, shall be liable to any affected employee for his unpaid wages. In addition, such ConirucvJi and sub-
.contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a
'territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic employed in violation of the clause set forth in the above subsection
in the sum of SIO.OO for each calendar day on which such employee was required or permitted to work in excess of eight
..,, •,, hoursor in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause
'•> ..-set forth in subsection above. ~: .,. ..:„-. ..-;;;• ;*:';•:.';.:-:•':.'..;:.'• • ", ,. . ;
• 'The Economic Development Administration may withhold or cause to be withheld, from any moneys payable on ac-
.'•;:; count of work performed by the Contractor or subcontractor, such sums as may administratively be determined to
,;.,y-., bernecessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth above. .-.- ••-<..• •-•• nw^^ivc' ;"••••••..:"•;;:.-> '-r:' vr* ;.•>.(-••'.-•:. -•,"•.-;-•;
••". T.:The Contractor shall insert in all subcontracts the clause set forth in the above subsections of this section and also
•-.'•/a: clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter
; .into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.
' . Page 59r
53. EQUAL EMPLOYMENT OPPORTUNITY
No person in the United States shall, on the grounds of race, color, national origin, or sex. be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal fi-
nancial assistance. Reference Title VI of the Civil Rights Act of 1964 (42 USC 2000d) and Section 112 of Public Law
92-65.
*
Form EDA—503. The Recipient and all Contractors, subcontractors, suppliers, lessees and other parties directly partici-
pating in the Recipient's project agree that during and in connection with the associated agreement relating to the Fed-
erally assisted program, (i) they will comply, to the extent applicable, as Contractors, subcontractors, lessees, suppliers. ,
or in any other capacity, with the applicable provisions of the Regulations of the United States Department of Com- ;
merce(Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursuant to Title VI of the Civil Rights ;
Act of 1964 (P.L. 88 — 352), and will not thereby discriminate against any person on the grounds of race, color, or na-
tional origin in their employment practices, in any of their own contractual arrangements, in all services or accommoda-
tions which they offer to the public, and in any of their other business operations, (ii) they will provide information re-
quired by or pursuant to said Regulations to ascertain compliance with the Regulations and these assurances, and (iii)
their non-compliance with the nondiscrimination requirements of-said Regulations and these assurances shall constitute
a breach of their contractual arrangements with the Recipient whereby said agreements may be cancelled, terminated or
suspended in whole or in part or may be subject to enforcement otherwise by appropriate legal proceedings.
Executive Order 11246. 30 Fed. Reg. 12319 (1965) (Equal Opportunity Clause). During the performance of this contract,
the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex. or national origin. The Contractor will take affirmative action to ensure the applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shalJ include, but not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation: and
selection for training, including apprenticeship.
b. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices
to be provided by the contracting officer sett ing forth the provisions of this non-discrimination clause.
c. The Contractor will, in all solicitations or advertisements for employee-, placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex, or national origin.
d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the Contractor's commitment under Section 202 of Executive Order
No. 11246 of September 24, 1965. and shall post copies of the notice in conspicuous places available to employees
and applicants for employment. ' . j
e. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965. and of rules, :
regulations, and relevant orders of the Secretary of Labor. -•-•.•,.-.; -.;- >•;-;: |
•• ' vy
f. \The Contractor will furnish all information and reports required by-Executive Order No. 11246 of September 24, J
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access f
to his books, record, and accounts by the contracting agency and the Secretary of Labor for purposes of investiga- j
tion to ascertain compliance with such rules, regulations, and orders. Each Contractor and subcontractor of Fed-
erally financed construction work is required to file an Equal Employment Opportunity Employer Information
\ Report (EEO— I on Standard Form 100) annually on March 31. Forms and instructions are available at the EDA
Regional Office. i
Page 59s
g. In the event of the Contractor's noncornpliance with the nondiscrimination clauses of this contract or with any such
rules, regulations, or orders, this contract may b-.: cancelled, terminated or suspended in whole or in part and the
Contractor may be declared ineligible tor further Government contracts in accordance with procedures authorized
in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed (and remedies
involved) as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
h. The Contractor will include the provisions of paragraphs a through h in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontractor or purchase order as the contracting agency
may direct as a means of enforcing such provisions including sanctions for noncornpliance: Provided, however, that
in the event the contractor becomes- involved in, or is threatened with litigation with a subcontractor or vendor
as a1 result of such direction by the contracting agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
i. Exemptions to Above Equal Opportunity Clause (41 CFR Chap. 60):
(1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The
amount of the contract, rather than the amount of the Federal financial assistance, shall govern in determining
the applicability of this exemption.
(2) Except in the case of subcontractors for the performance of construction work at the site of construction,
the clause shall not be required to be inserted in subcontracts below the second tier.
(3) Contracts and subcontracts not exceeding $100,000 for standard commercial supplies or raw materials are
exempt.
54. OTHER PROHIBITED INTERESTS
No official of 'he Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or
approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection,
construction or material supply contract or any subcontract in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect,
attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to
exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the
project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material
supply contract, subcontract, insurance contract, or any other contract pertaining to the project.
55. ySEANDOCCUPANCYPRIORTO ACCEPTANCE BY OWNER ••-;- . -:---v-;....
The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the
Owner, provided the Owner: •
• a. Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Con-
tractor is chargeable with unwarranted delay in completing the contract requirements:
b. Secures consent of the Surety; \
c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during
the remaining period of construction: or
d. When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire
and extended coverage insurance, including a permit from the insurance carrier to complete construction.
Page 59s
g. In the event of the Contractor's noncornpliance with the nondiscrimination clauses of this contract or with any such
rules, regulations, or orders, this contract may bo cancelled, terminated or suspended in whole or in part and the
Contractor may be declared ineligible tor further Government contracts in accordance with procedures authorized
in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed (and remedies
involved) as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
h. The Contractor will include the provisions of paragraphs a through h in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontractor or purchase order as the contracting agency
may direct as a means of enforcing such provisions including sanctions for noncornpliance; Provided, however, that
in the event the contractor becomes-involved in, or is threatened with litigation with a subcontractor or vendor
as a1 result of such direction by the contracting agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
i. Exemptions to Above Equal Opportunity Clause (41 CFR Chap. 60):
(1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The
amount of the contract, rather than the amount of the Federal financial assistance, shall govern in determining
the applicability of this exemption.
(2) Except in the case of subcontractors for the performance of construction work at the sits of construction.
the clause shall not be required to be inserted in subcontracts below the second tier.
(3) Contracts and subcontracts not exceeding $100,000 for standard commercial supplies or raw materials are
exempt.
54. OTHER PROHIBITED INTERESTS -
No official of 'he Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or
approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection,
construction or material supply contract or any subcontract in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect,
attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to
exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the
project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material
.supply contract, subcontract, insurance contract, or any other contract pertaining to the project.
55. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER
The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the
Owner, provided the Owner:
a. Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Con-
tractor is chargeable with unwarranted delay in completing the contract requirements:
b. Secures consent of the Surety; \
c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during
the remaining period of construction: or
d. When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire
and extended coverage insurance, including a permit from the insurance carrier to complete construction.
AINAL
Page 59t
56. SUSPHNSION OF WORK
Should the Owner be prevented or enjoined from proceeding with work or from authori/ing its prosecution either before
or after its prosecution, by reason of any litigation, the Contractor shall not 'oe entitled to make or assert claim for
damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the
Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing.
57. EMPLOYMENT OF LOCAL LABOR
The maximum feasible employment of local labor shall be made in the construction of public works and development
facility projects receiving direct Federal grants. Accordingly, every Contractor and subcontractor undertaking to do
work on any such project which is or reasonably may be done as on-site work, shall employ, in carrying out such contract
work, qualified persons who regularly reside in the designated area where such project is to be located, or in the case
of Economic Development Centers, qualified persons who regularly reside in the center or in the adjacent or nearby
redevelopment areas within the Economic Development District, except:
a. To the extent that qualified persons regularly residing in the designated area or Economic Development District
are not available;
b. For the reasonable needs of any such Contractor or subcontractor, to employ supervisory or specially experienced
individuals necessary to assure an efficient execution of the contract;
c. For the obligation of any such Contractor or subcontractor to offer employment to present or former employees as
the result of a lawful collective bargaining contract, provided that in no event shall the number of non-resident
persons employed under this subparagraph exceed twenty percent of the total number of employees employed by
such Contractor and his subcontractors on such project;
Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in
which a public works or development facility project is located with a list of all positions fo^ which it may from time to
time require l-'borers, mechanics, and other employee*, the estimated numbers of employees required iri each classi-
fication, and the estimated dates on which such employees will be required;
The Contractor shall give full consideration to all qualified job applicants referred by the local employment service,
but is not required to employ any job applicants referred whom the Contractor does not consider qualified to perform
the classification of work required;
The payroll's maintained by the Contractor shall contain the following information: The employee's full name, address
and social security number and a notation indicating whether the employee does, or does not. normally reside in the
area in which the project is located, or in the case of an Economic Development Center, in such center or in an adjacent
or nearby redevelopment area within the Economic Development District as well as an indication of the ethnic back-
• ground of each worker.
The Contractor shall include the provisions of this condition in every subcontract for work which is, or reasonably
may be, done as on-site work. •*;•'• •..'
58. SIGNS Page 59u
The contractor shall supply and erect a project sign (knhihit X) according to the specifications set forth in the following
and hereinafter known as General Condition Number 5X. The contractor shall lie responsible for maintaining the
project sign during construction of the project. Other authorities include: Requirements for Approved Projects and/or
Volume 65 of the Public Works Manual of Procedures.
Size:4'Xv^llV V
EDA SITE SIGNS SPECIFICATIONS
ATTACUE-D
Material: Face '/V TeTirp^red masonite or equal. Frame I5/*" X3^Cfir-dressed four (4) sides
Asserttbty: W X 35/s" fir frarneto^U 4' X 8' X 1 %" panel with two (2) cerrKr braces
Paint: Face—-Jce^ts outdoor enamel (sprayed^ Re:tr— 1 coat outdoor enamel fspi^ved)
Lettering: Silk screen enarnek where possible, or hancTp>*-Qied enamels
Colors: Red, white, and blue. Spectftoaliy, white background; ' rie-wcjobs for your community" in re^NiDA logo and
"In partnership with the U.S. Departmentbf-Qommerce, Economic DeveTi
(Se>€xhibitxX)
Tent Administration." blue.
59. NATIONAL HISTORIC PRESERVATION ACT OF 1966
The contractor agrees to contribute to the preservation and enhancement of structures and objects of historical, archi-
tectural or archaeological significance when such items are found and/or unearthed during the course of project con-
struction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National
Historic Preservation Act of 1966 (80 Stat 915, 16 USC 470) and Executive Order No. 11593 of May 31. 1971.)
60. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The Contractor agrees to comply with Federal clean air and water standards during the performance of this contract
and specifically agrees to the following:
a. The term "facility" means (a) any building, plant, installation, structure, mine, vessel or other floating craft, location
or site of operations (b) owned, leased, or supervised (c) by the contractor and the subcontractors (d) for the con-
struction, supply and service contracts entered into by the contractor;
b. that any facility to be utilized in the accomplishment of this contract is not listed on the Environmental Protection
Agency's List of Violating Facilities pursuant to 40 CFR, Part 15.20;
c. that in the event a facility utilized in the accomplishment of this contract becomes listed on the EPA list, this contract
may-be cancelled, terminated or suspended in whole or in part;
d. that it will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating
to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114
and Section 308, respectively, and all regulations and guidelines issued thereunder;
e. that it will promptly notify the Government of the receipt of any notice from the Director, Office of Federal Activi-
ties, Environmental Protection Agency, indicating that any facility utilized or to be utilized in the accomplishment
of this contract is under consideration for listing on the EPA list of Violating Facilities;
Page 59v
f. that it will include the provisions of paragraphs a. through g. in every subcontract or purchase order entered into
for the purpose of accompli>hing this contract, unless otherwise exempted pursuant to the hPA regulations imple-
menting the Air or Water Act (40CFR, Part 15.5), so that such provisions will he binding upon each subcontractor
or vendor:
g. that in the event that the contractor or the subcontractors for the construction, supply and service contracts entered
into for the purpose of accomplishing this contract were exempted from complying with the above requirements
under the provisions of 40 CFR. Part I5.5(a), the exemption shall be nullified should the facility give rise to a
criminal'conviction (See 40 CFR, Part 15.20) during the accomplishment of this contract. Furthermore, with the
nullification of the exemption, the above requirements shall be effective. The contractor shall notify the Govern-
ment, as soon as the contractor or the subcontractors' facility is listed for having given rise to a criminal conviction
noted in 40 CFR, Part 15.20.
tis.'A^'.f'^tt'i'-S^^K-^. , •'•'-iT/si M"Li 'is iw/ir- ~'<~ <' !• '>'•«•••'.•*•.;, ': i:L?5i
Page 59w
197 OMB N°' *l-R2657-IZ/ . .... . _rt ,,-,-,/-Approval Expires June 30, 1976
U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
SUPPLEMENTAL GENERAL CONDITIONS
1 . BLANK
2. BLANK
3. SPECIAL HAZARDS
The Contractor and his Subcontractor's Public Liability and Property
Damage Insurance shall provide adequate protection against Public
Liability, Property Damage, and Vehicular Liability.
As required under Paragraph 28 of the General Conditions, the Con-
tractor's Public Liability Insurance shall be in amount not less than
$500,000 for Bodily Injury, including accidental death, to any one
person and an amount not less than $1,000,000 on account of any one
occurrence; Property Damage insurance in an amount not less than
$250,000 per occurrence and $500,000 aggregate; Vehicular Liability
of $100,000 for any one person or $200,000 for each occurrence.
The Contractor shall either (a) require each of his subcontractors to
procure and to maintain during the life of his subcontract, Subcon-
tractor's. Public Liability and Property Damage and Vehicular Liability
of the type and in the same amounts as specified in the preceding
paragraph, or (b) insure the activities of his subcontractors in his
own po1i cy.
4. BLANK
5. . MANPOWER UTILIZATION REPORT
If the work under this contract is to be performed in a geographical
area covered by bid conditions issued by the Office of Federal Con-
tract Compliance, the Contractor shall submit to the Office of Civil
Rights, EDA, in Washington, D.C. and to the appropriate Regional Of-
fice by the fifth day of each month, a Manpower Utilization Report,
using Standard Form 257-
6. SCHEDULE OF OCCUPATION CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES
AS REQUIRED UNDER PARAGRAPH 45 OF THE GENERAL CONDITIONS.
See Federal Requirements - Labor Standards for Federal Minimum Wages.
EDA SITE SIGN SPECIFICATIONS
Page 60
Size: Sign A: A' x 8' x 1 7/8" Sign B: 4' x 8' x 3/4"
Materials: Face: Sign A - 1/4" tempered Masonite
Sign B - 3/4" or greater shop sanded (exterior)
plywood (one side only)
Framing: Sign A - 2" x 4" nominal on four sides
and center cross bracing
Sign.B - 2" x 4" center cross bracing only
Supports: 4" x 4" x 12" nominal post
Assembly
Mounting
Erection
Paint:
Colors:
Lettering:
Sign A: 2" x 4" frame to fit 4' x 8' board with
2",x 4" cross braces
Sign B: To be mounted directly to the 4" x 4"
post, with cross bracing
Signs A and B are to be mounted to the 4" x 4"
post with a 3/8" minimum bolt and nut,
four on each side of the sign. Each
bolt is to have two washers, one between
the sign and the head of the bolt and
the other between the post and the nut.
4" x 4" posts are to be set three to four feet
deep into concrete 12" in diameter.
Face: Three coats outdoor enamel (sprayed)
Rear: One coat outdoor enamel (sprayed)
Crimson Red, Stark White and Royal Blue. Specifically
white background; "JOBS" in red; "for your community"
in blue; "EDA" logo and "in partnership with the
U.S. DEPARTMENT OF COMMERCE - Economic Development
Administration" in black.
Silk screen enamels.
Lettering sizes and positioning will be
as illustrated.
Project signs will not be erected on public highway rights-of-way.
Location and height of signs will be coordinated with the agency
responsible for highway or street safety in the area, if any
possibility exists for obstruction to traffic line of sight.
If, at the end of the project, the sign is reusable, it shall be
disposed of as directed by the EDA Regional Office.
Scale: 1" = l'-0"
Page 61
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Page 66
CITY OF CARLSBAD
CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
IN OCEAN STREET AND BEECH AVENUE
E.D.A. PROJECT NO. 07-51-23001
CONTRACT NO. 1043
SPECIAL PROVISIONS
I. GENERAL REQUIREMENTS
A. Work to be Done
The work to be done consists of furnishing all labor, equipment,
materials, and performing all operations for sewer improvements
in Ocean Street and Beech Avenue, in the City of Carlsbad.
B. Plans and Specifications
The specifications for the work consist of the Standard Speci-
fications of the City of Carlsbad, the 1976 edition of the
Standard Specifications for Public Horks Construction (herein-
after designated S.S.P.W.C.) as issued by the Southern California
Chapter of the American Public Works Association, and these contract
documents and specifications.
The construction plans consist of 7 sheets designated as City of
Carlsbad Drawing No. 188-9. The standard drawings utilized for this
project are the San Diego Area Regional Standard Drawings. Copies
of pertinent standard drawings are enclosed with these documents.
C. Order of Precedence
Should conflict arise between various parts of the contract documents,
the following order of precedence shall govern: x
1. E.D.A. General Conditions and Supplemental General Conditions
2. City of Carlsbad Special Provisions
3. City of Carlsbad Standard Specifications
4. Standard Drawings.
Page 67
D. Time of Completion
The contractor shall begin work after being duly notified by an
issuance of a "Notice to Proceed," and shall diligently prosecute
the work to completion within (]5o) consecutive calendar days from
the date of receipt of said "Notice to Proceed." (See Item "K" for
Liquidated Damages).
E. Water for Construction
The contractor shall obtain a construction meter and pay all fees
and deposits for water utilized during construction of this contract.
The contractor shall contact the City Water Department for require-
ments.
Compensation for water fees shall be included in the various contract
unit prices and lump sum prices of the construction work and no
additional .payment shall be made.
F. 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 his nonconforming work shall be borne
by the contractor.
G. 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.
H. Surveying
Surveying service for this project shall be performed by the City of
Carlsbad or their authorized agent. Requirements of the contractor
pertaining to this item are set forth in Section 2-9 of the S.S.P.W.C.
I. Traffic Control
Traffic shall be maintained in accordance with Section 7-10 of the
S.S.P.W.C. The streets may be closed to through traffic, but access
to the residences in the work area must be maintained at all times.
J. Measurement and Payment
Quantities shall be measured on the basis of actual lengths and units
installed. No additional payment shall be made for trenching, back-
fill, or pavement repair.
K. Liquidated Damages
Bidder must agree to pay, as liquidated damages, the sum of $100 for
each consecutive calendar day in excess of time allocated for the
completion of the project. (See Item "D", Time of Completion, above).
For further clarification see paragraph 19 of the E.D.A. General
Conditions.
Page 68
II. TRENCH SHORING
The contractor shall conform to Section 6422 of the Labor Code by
submitting a detailed plan to the City Engineer showing the design
of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the exca-
vation of such trench or trenches or during the pipe installation
therein. The shoring plan and implementation thereof shall meet all
the requirements of the State of California Department of Industrial
Relations, Division of Industrial Safety.
Compensation for trench shoring or other approved sewer line instal-
lation methods shall be included in the various contract unit prices
and lump sum prices of the construction work and no additional payment
shall be made.
III. Vitrified Clay Pipe
The materials for extra strength vitrified clay pipe shall conform to
Section 207-8 of the S.S.P.W.C. The pipe shall be socket and spigot
pipe with flexible compression joints.
IV. Installation of Extra Strength Vitrified Clay Pipe
The installation of extra strength vitrified clay pipe sewer shall
conform to Section 306 of the S.S.P.W.C.
V. Excavation, Backfill, Concrete Work, and Other Sewer Construction Items
Further reference is hereby made to the plans, standard drawings, and
the S.S.P.W.C. for all other sewer construction items not modified by
these Special Provisions.
SECTION B-B
Road Surface
f/ianho!e Frame and Cover,
see drawing M-1.
• Level •
SECTION A-A
Notch as
necessary
——Concrete Encasement or Backfill
HALF SECTION SHALLOW MANHOLE
* Either Concentric or Eccentric
Cone may he used.
2/3 Inside dia of Pipe
SECTION C-C
>x,
-^^ ^-3/4" Round Wrought Iron Bar
y
<STEP DETAIL
k?.*•_
3" for 2' dia. rings,
3 1/2" for 4' dia. rings.
NOTES
1. Manhole frame and all joints shall ba set in
Class "C" mortar.
2. All precast components shall be manufactured
in accordance with ASTM C-478 except
step spacing.
3. Vertical wall of cone shall be on the upstream
side of the manhole.
4. Concrete base shall be 564-C-3000.
5. Approved water stop required for plastic pipa
connections.
6. Flexible pipe joints shall be required within 12"
of inside face of manhole.
LEGEND ON PLANS
M.H. No. 2
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
MANHOLE - 4' DIAMETER
(FOR 21" WAX. DIA. PIPE)
RECOMMfNOtD BY THE SAM DIEGO
REGIONAL STANDARDS COMMITTEE
_
CoordiAMor RCt. 13SOT Dm
DRAWING
NUMBER S-1
6 min-8"max
4" to 18" pipe
Invert Elevation
Limit of Aggregate:
4" min beneath pipe or 1" min
beneath bell, whichever is greater
1" max graded aggregate
NOTES
1. For trenching in improved streets, see Standard Drawings G-24 or G-25
for trench resurfacing.
2. ( * ) indicates minimum relative compaction.
3. Minimum depth of cover from the top of pipe to finish grade for all
sanitary sewer installations shall be 3'. For cover less than 3', see
Standard Drawing S-7 for concrete encasement.
RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
CooKlimlof R.C E. I3M7 Dili
DRAWING
NUMBER S-4
SAN DIEGO REGIONAL STANDARD DRAWING
PIPE BEDDING AND TRENCH BACKFILL
FOR SEWERS (STD. INSTALLATION)
Revision By Approved Date
Trench Width
irtMtPi^Efy?'£iT^ff
6" mitnum - 8" maximum
4" to 18" pipe
470-C-2000 Concrete
Concrete Block
SECTION.
LEGEND ON PLANS
RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
R C E. I'JttOI ~ Dill
DRAWING
NUMBER S r*-o
SAN DIEGO REGIONAL STANDARD DRAWING
CONCRETE CRADLE
Revision By Approved Date
6" minimum - 8" maximum
4" to 18" pipe
-Concrete Block
SECTION
LEGEND ON PLANS
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
CONCRETE ENCASEMENT
RECOMMENDED BY THE SAN OlfCO
REGIONAL STANDARDS COMMITTEE
CooKJi—lor RC E 19M7 OMI
DRAWING
NUMBER S-7
Sewer Main
470 - C - 2000 concrete base
•Standard Wye, Tee, or Wye Saddle
See drawing S-13 for continuation
of sewer lateral to property line. •
PLAN
Variable Length
The vertical pipe shall be braced
Awhile backfilling trench.
470 - C - 2000 concrete base
2" minimum cover
around lateral.
Pipe O.D.
ELEVATION
NOTE
All joints on sewer lateral pipe shall be
compression type or approved solvent weld.
LEGEND ON PLANS
\®
RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
Coorcbmlof KCt IMOI DM
DRAWING
NUMBER S-14
SAN DIEGO REGIONAL STANDARD DRAWING
DEEP CUT HOUSE CONNECTION
(SEWER LATERAL)
Revision By Approved Date
MANHOLE COVER FRAME
CAST IRON WT. 175 LB.
DETAIL
3/4"
1"
finished surface
I I 3/4"! 3 1/2'1 i 3/4^1/4"
1"—M [-* —«H h*-H h«—
23 1/2" dia.— 1/4"
MANHOLE COVER
CAST IRON WT. 155 LB.
®
NOTES
1. Frame and cover shall be cast iron.
2. Weights: Frame 175 Ibs.
Cover 155 Ibs.
FOR
Sewer Projects
Storm Drain Projects
Water Projects
MARK
Sewer
Storm Drain
Water
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
24" MANHOLE FRAME AND COVER
HEAVY DUTY
BtCOMMfcNOtO BY THE SAN OltGO
RIGIQNAL STANDARDS COMMITTEE
—Cooiilouloi HCt. 19801
DRAWING
NUMBER
12" manhole cover radius Frame or outer cover •
fting hole
DETAIL PLAN Two locking screws
per manhole cover
Drill and tap hole, install 5/8"x 1 1/2" stainless
steel, hexagonal socket head cap screw (2 required),
Unified National Coarse Thread -- 11 per inch —
with 1 1/2" 0.0. x 11/16" I.D. x .078" thick
stainless steel washer.
Use 18-8 stainless steel, A.S.T.M. Standard
Specification A-276,Type 300 series.-
!•" maitliole cover radius
d /
om,.7/16"| 1/2"3/3"|-*-»4*7~" flllULI.ILu
NOTE
For manhole frame and cover details,
see Standard Drawing M-1 (single cover).
Dashed line indicates outline of outer
cover when two concentric covers are
to be used.
NOTE
For manhole frame and two concentric
covers, see detailed Standard Drawing M-3.
„—v-
SE.CTION A-A
RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
. /rrs
il'WIor R.C.t. 1980? 0*i|
DRAWING
NUMBER M-4
SAN DIEGO REGIONAL STANDARD DRAWING
MANHOLE COVER LOCKING DEVICE
Revision By Approved Date